GENCON -- NO RESPONSE TO DEMURRAGE CLAIM OR ARBITRATION PROCEEDINGS -- RULES OF ARBITRATION -- Owner Award The Panel makes several attempts to contact the Charterer for participation in the proceedings, but received no response whatsoever. The Panel examines the demurrage claim at the heart of the award.
ASBATANKVOY -- FAILURE TO PROVIDE CARGO -- CONFIDENTIALITY -- IMPROPER CANCELLATION -- Owner Award While the Vessel was in port awaiting cargo for another charterer, Owner was approached with the opportunity to load another cargo in the interim. The second fixture was quickly made, and Owner re-negotiated their laydays with the first charterer. The second charterer then promptly cancelled the fixture. Owner submitted a claim for lost profits, which the second charterer refuted due to the brevity of the fixture.
ASBATANKVOY -- CARGO CONTAMINATION -- BURDEN OF PROOF -- PRIMA FACIE -- DEMURRAGE -- Charterer Award On arrival at the discharge port, the cargo was found to be contaminated and the Receivers refused delivery. Charterer presented a prima facie claim showing that there was no apparent contamination in the cargo as it was delivered to the Vessel. The Panel sorted through a wealth of information to ascertain the source of cargo contamination, and explains the process of discovery.
GENCON -- NO RESPONSE TO DEMURRAGE CLAIM -- AWAIT CARGO DOCUMENTS -- SHIFT OFF BERTH -- BROKERAGE COMMISSION -- Owner Award Even though the Charterer doesn't repond to the arbitrator's request to participate in the arbitration, the arbitrator looks critically at Owner's demurrage claim and makes revisions to reduce the demurrage amount. A key question in this award is what time counts as used laytime when the Vessel shifts off the berth to await documents at the anchorage prior to departure.
BPVOY -- TIME BAR -- SUPPORTING DOCUMENTS -- CARGO CONTAMINATION -- INERT GAS SYSTEM -- ABSOLUTE OBLIGATION VS USE OF DUE DILIGENCE -- NEGLIGENCE -- Partial Charterer, Owner Award If the Vessel’s crew failed to secure the common Inert Gas line resulting in the contamination of Charterer’s two cargoes, is the Owner excused under Hague Visby Article IV rule 2(a) i.e. "an act, neglect or default of the master and/or servants of the carrier in the management of the vessel"? Regarding demurrage time bar requirements, if the governing clause stipulates that the Vessel’s pump log is to be counter-signed by the Terminal and said signature is not obtained, is this cause for barring the entire claim or just that one aspect of the claim? If the operative demurrage time bar clause requires the Vessel’s documents to be counter-signed by a “Terminal” representative and the cargo transfer takes place at anchorage in a ship-to-ship (STS) transfer, does the lack of the Terminal’s signature give cause to bar that aspect of the claim?
ConocoPhillips recently issued Marine Provisions for incorporation in commercial sales contracts which became effective January 1, 2009, superseding the September 1, 2008 Marine Provisions and January 1, 2005 Marine Provisions. Whether the seller is the Terminal Party (the party taking delivery from, or making delivery to, a Vessel); or the Vessel Party (the party, in agreement responsible for, taking delivery on, or making delivery from, a Vessel), ConocoPhillips’ new marine provisions are intended to be equitable and are clear when defining the respective parties’ responsibilities and liabilities. This being said, there are a number of intricacies within the provisions. From the perspective of a demurrage analyst, we find the following to be some of the items of note.