Sylvia Shipping Co. Ltd. v. Progress Bulk Carriers Ltd. (The “Sylvia”) – QBD (Comm. Ct.), 18 Mar 2010

NYPE -- FAILED PORT STATE INSPECTION -- MISSED LAYDAY WINDOW -- FORESEEABILITY OF DAMAGES -- REMOTENESS OF DAMAGES -- Charterer Award Because the Vessel failed a Port State Inspection due to structural deficiencies and was detained until Owner could affect repairs, Charterer missed a layday window with a sub-charterer. Charterer sought to recover lost profits in arbitration and won. Owner appealed and the Judge considered whether the Charterer’s damages were unforeseeable, too remote, or erroneously derived.