Tagged: Apr/Jun 2003

Amerada Hess Shipping Corp. v. Intercontinental Petroleum Teoranta (The “Meridan Lion”) – SMA No. 3738, 28 May 2002

ASBATANKVOY -- LOADPORT -- CARGO -- CLAIM -- DETENTION -- PORT -- MITIGATION -- VOYAGE -- Partial Owner Award Upon the Vessel berthing at loadport, the Owners received a message stating that the Charterers could not supply the contracted cargo. The Owners subsequently filed a claim for detention, port expenses, and loss on mitigation voyage.
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Tankers International LLC v. Bayoil Supply and Trading, Ltd. (The “Raphael”) – SMA No. 3739, 10 Jun 2002

ASBATANKVOY -- LOADPORT -- EXPORT -- DEMURRAGE -- BERTHING -- EMBARGO -- CARGO -- Owner Award When the Vessel arrived at loadport, the port’s national government halted all oil exports because of United Nations pricing disputes. The Owner filed a demurrage claim for the berthing delay incurred by this embargo citing that the cargo must conform at all times with UN standards. The Charterers counterclaim that the oil suspension should be seen as a "restraint of prices," which the charter views as billable.
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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.
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Jardine Shipping Co., Ltd. v. Citgo Asphalt Refining Co. (The “Mara”) – SMA No. 3744, 10 Jul 2002

ASBATANKVOY -- DIRTY CARGO -- CONTRACT OF AFFREIGHTMENT -- CONTAMINATION -- SWEET CARGO -- FREIGHT -- Owner Award After transporting several dirty cargos as instructed in the COA, the Charterer ordered the OBO Vessel to load a "sweet" cargo. The Vessel began loading, but when foot samples were taken, the freight was noticeably contaminated. At arbitration, the Owners claim that the Charterers had no proof of Vessel-caused contamination due to lack of shore samples and unreliable analysis reports.
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