Sangamon Transportation Group v. OSL Steamship Corp. (The “Genco Carrier”) – SMA No. 4206, 12 Apr 2013

NYPE — LOSS MITIGATION — UNSAFE BERTH — VESSEL DAMAGE — CHARTER HIRE RATE — PROTRACTED VOYAGE — WITHOUT GUARANTEE PROVISION — Partial Owner Award

The Disponent Owner’s claim was a summation of five different issues recapped below as (1) Vessel damage while alongside the discharge berth; (2) disputed daily hire rate for transit time to Santos to conduct repairs; (3) unsafe berth; (4) time charter trip exceeding the estimated voyage days fixed; and (5) indemnity for a third-party claim for underperformance attributable to bottom-fouling (due to prolonged waiting time at Charterer’s disport).