Tagged: Apr/Jun 1997

Valeswood International Co., Ltd. v. Bear Stearns Ny, Inc. (The “Belle Haven”) – SMA No. 3307, 9 Oct 1996

ASBATANKVOY -- VOYAGE -- DEMURRAGE -- TIME-BAR -- ARBITRATION -- SHIFTING TIME -- Owner Award The Charterer argued that the Owner’s six-year post voyage demurrage claim was time-barred and that the Owner was subsequently responsible for costs stemming from the untimely arbitration. But if the case was not deemed time-barred, then the Charterer asked for a demurrage reduction basis the "grossly excessive" shifting time.
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Clarendon, Ltd., Mark Rich & Co., and Adam Maritime Corp. v. Carina International Shipping Corp (The “Sobral”) – SMA No. 3277, 26 Jun 1996

ASBATANKVOY -- LINES -- CARGO -- TERMINAL -- BERTH -- PARCEL -- CHARTER -- DEMURRAGE -- HEDGE LOSS -- FREIGHT -- Owner Award Due to clogged Vessel lines, the Vessel could only receive the first cargo parcel at a much slower rate than the terminal’s potential output. So, fearing additional slowdowns, the terminal forced the Vessel off berth to clean her lines before loading a second parcel and simultaneously chartered another vessel to load the third parcel. The Owner drafted a demurrage claim for off berth cleaning time while the Charterer counterclaimed for hedge loss, reduced market value, and freight compensation.
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