Tagged: demurrage

BP Oil International Ltd v Glencore Energy UK Ltd – Queen’s Bench Division (Commercial Court) [2022] EWHC 499 (Comm) – Moulder J – 9 March 2022

CONTRACT OF SALE – FAILED NEGOTIATIONS – CONCLUSION OF CONTRACT – POOR QUALITY OF CRUDE OIL – DAMAGES – DEMURRAGE – SALE OF GOODS ACT 1979, SECTION 53
In an April 2019 contract of sale for Russian crude oil, Glencore agreed to sell 100,000 mt +/- ten percent to BPOI. Email correspondence between the two companies indicated the contract was confirmed; however, the parties disagreed on whether the governing terms included the Glencore Sales Contract, which specifically required the loading terminal certificate of quality to be conclusive. The cargo was sold and resold multiple times between BPOI and its affiliated companies, and upon final discharge, BPOI sample tests indicated organic chlorides contaminated the cargo. BPOI claimed damages for the loss of cargo value, storage and transportation costs of the contaminated oil, cargo volume losses, and demurrage paid on other vessels due to the delay.

Tricon Energy Ltd v MTM Trading LLC (The “MTM Hong Kong”) – QBD (Comm Ct) (Robin Knowles J) [2020] EWHC 700 (Comm) – 23 March 2020

DEMURRAGE – TIME BAR – FAILURE TO PROVIDE ALL SUPPORTING DOCUMENTS WITHIN 90 DAYS OF DISCHARGE – AMENDED ASBATANKVOY

Tricon Energy contracted the “MTM HONG KONG” under an amended ASBATANKVOY charter to deliver cargo from Antwerp, Belgium, to Houston, Texas. As a result of delays at the load and discharge ports, the owners, MTM Trading, filed a $56K claim for demurrage. Charterer claimed the owner had failed to provide all documentation within the 90-day period, specifically the bills of lading, so the claim was time-barred. The owner took the case to arbitration, and the claim was upheld. Charterer appealed to the High Court.

Playa Shipping Corporation v Citgo Petroleum Corporation (M/T “Mambo”) – SMA 4418, 16 March 2021

DISPONENT OWNER – US SANCTIONS – TRADE SANCTIONS – ASBATANKVOY – DEMURRAGE – EXECUTIVE ORDERS – SECURITY AWARD - VENEZUELA The claim was for outstanding demurrage and port expenses from the Owner to Charterer. The Charterer did not contest the amount owed but maintained that sanctions imposed by the US Government on Venezuela prevented it from paying unless and until the Owner obtained a special license from the US Office of Foreign Assets Control (OFAC). The current arbitration was a Partial Final Award and focused on the Owner's request for an Interim Award requiring Charterer to post security for Owner's claims.
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