2026 Maritime Digest of Arbitration Awards and Court Rulings
NYPE 1993 – OFF HIRE – EMPLOYMENT ORDERS – REASONABLE DELAY IN COMPLIANCE – UNSAFE BERTH, PORT COSTS
The vessel was time-chartered on an amended NYPE 1993 form with additional clauses for a one-trip charter “via ECSA to Persian Gulf–Japan range (intention Iraq) with cargo of grains in bulk (intention soybeans).” Hire was fixed at US$20,000 per day. The charter contained the usual clauses requiring safe berths, safe ports, and compliance with charterers’ orders, together with an off-hire provision.
TIME CHARTER – FINAL HIRE – OFF HIRE – MASTER’S NAVIGATIONAL DISCRETION – BANK CHARGES
The vessel was time-chartered by the claimant owners to the respondent charterers under a fixture recap incorporating a proforma charterparty.
The claim was divided into sections: bank charges deducted from hire payments, and a charterers’ deduction for alleged breach of employment orders relating to the vessel’s route. Charterers failed to submit a defense despite reminders and extensions.
NYPE – UNPAID HIRE – DEVIATION – CREW CHANGE – WEATHER – UNDERPERFORMANCE
The dispute arose under a time-charter on an amended NYPE form for one voyage from Qingdao, China to Nanaimo, Canada. The claimant owners sought unpaid hire of US $73,945.02, while the respondent charterers denied liability.
GENCON – DEMURRAGE
Asia Marine Pacific Chartering Ltd. brought arbitration against Commercialisadora Columbia for unpaid demurrage of $228,468.60 arising from the MV CS SATIRA’s April 2022 voyage carrying yellow corn from Convent, Louisiana to Puerto Cabello, Venezuela. The fixture was concluded on an OCEANSLINK GENCON pro forma charter.
EXXONMOBILVOY2012 – DEMURRAGE – HALF-RATE DISPUTE – BAD WEATHER EXCLUSIONS
The vessel MTM Mississippi was chartered for the carriage of clean petroleum products from the U.S. Gulf to Chile. Owner claimed a principal balance of $40,516.66 in unpaid demurrage, while Charterer denied liability and counterclaimed for an alleged $11,441.36 overpayment. Both parties sought costs and attorney’s fees.
ASBATANKVOY – CHARTERPARTY – ONCE ON DEMURRAGE – TIME BAR – DEMURRAGE – LAYTIME
We have carefully evaluated the key laytime and demurrage implications as the market shifts from the original ASBATANKVOY to this new version. Find yourself with more detailed questions? Shoot us an email at info@haugenconsulting.com. We will be happy to discuss the changes with you and their specific implications for your business.
ASBATANKVOY – DEMURRAGE – NON-PARTICIPATION BY RESPONDENT
Tiger Ship No. 8 brought a claim against Vinmar International under a voyage charterparty dated October 19, 2022, for the chemical tanker Tiger Integrity. The charter involved shipment of chemical cargoes loaded at three Chinese ports (Jiangyin, Jingjiang, and Mailiao) and discharged at three Indian ports (JNPT, Hazira, and Kandla). The Owners claimed $127,451.24 in demurrage following delays at the load and discharge ports.
GENCON – COA – DEMURRAGE – DETENTION – MITIGATION
This arbitration involved claims by Linea Maritima del Pacifico against Aerovolte and its guarantor, Cal-lxa, under a Contract of Affreightment for transporting aggregate between Mexican ports. The dispute arose when Aerovolte failed to provide cargo, leaving the chartered vessel MV Patagonman idle at Veracruz; Claimant later re-delivered the vessel and sought $672,388 in damages.
Charterparty – Amended NYPE 1946 form – COVID-19 PCR test certification – Rejection at Chinese port – Owner’s Deviation – Seaworthy – Off-hire
This case was an appeal of London Arbitration 8/25, which arose from a dispute under a time charterparty involving the vessel Sagar Ratan, concerning whether the vessel was off-hire during a delay caused by a Covid-19 outbreak among the crew. The vessel had been chartered by disponent owners to the charterers under an NYPE form for a one-time trip from the Philippines to China via Australia.
Charterparty – Amended NYPE 1946 form – COVID-19 PCR test certification – Rejection at Chinese port – Owner’s Deviation – Seaworthy – Off-hire
A vessel chartered under an amended NYPE 1946 form was denied entry to Nanjing, China, because eight newly joined crew members lacked PCR certificates meeting local COVID-19 entry requirements. The vessel had to divert to Busan for testing before returning to Nanjing, causing delay and additional costs. Charterers sought damages, arguing the vessel was unfit for service on arrival, while Owners contended that compliance with local health regulations was the Charterers’ responsibility and that the PCR certificates were not required under the charterparty’s definition of “international certificates.”
