Poseidon Schiffahrt GmbH v. Transocean Coal Co., Inc. (The “Siboeva”) – SMA No. 3742, 10 Jul 2002

AMWELSH — FORCE MAJEURE — LOADPORT — FOG — LOCK — CARGO — DEMURRAGE — Owner Award

The Vessel arrived at loadport, tendered NOR, and passed inspection. But due to fog and lock outages, the Charterers declared force majeure (“unexpected event that can excuse a party from a contract”) and told the Owner that the cargo’s arrival would be delayed. The Owners subsequently filed for demurrage arguing that the Charterers failed to provide a timely notice of such delays.