Pan Oceanic Maritime, Inc. v. RSUSA, LLC (The “KM Imabari”) – SMA No. 4081, 2 Jul 2010

GENCON -- FAILURE TO PROVIDE CARGO -- REPUDIATION OF CHARTER -- DETENTION -- DAMAGES -- Owner Award Having awaited cargo at the load port for 40 days without proper assurance that same was forthcoming, Owner repudiated the Charter Party and fixed a voyage with another Charterer to mitigate damages. The Panel awarded Owner the freight differential between the repudiated Charter and the mitigating Charter and 40 days of detention at the demurrage rate. Owner’s claims for bottom cleaning, time loss due to slow steaming and over consumption of bunkers on the mitigating voyage, all allegedly due to bottom fouling itself a result of the prolonged stay at load port, failed due to a general lack of documentation.