Tagged: Jul/Sep 2002

Stolt Tankers, Inc. v. Clarissa Shipping Co., Ltd. – (The “Lacerta”) – SMA No. 3703, 12 Sep 2001

SHELLTIME 3 -- DISPORT -- CARGO -- CONTAMINATION -- HOSE -- PURGING -- MANIFOLD -- Charterer Award / Owner Award At disport, the Vessel’s cargo was degraded because of contaminant residue in the Vessel’s portable hose. Although the Owner’s hose is the apparent source of the impurities, the Owner denies responsibility on the grounds that the contamination occurred after the cargo had left the Vessel’s manifold.
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Bayside Marine Inc. v. Global Petroleum Corp. (The “Mountain Lady”) – SMA No. 3704, 12 Sep 2001

ASBATANKVOY -- ARBITRATION -- DEMURRAGE -- PUMP WARRANTY -- CANAL -- Charterer Award This arbitration dispute hinges on an Owner’s claim for pumping demurrage and detention from canal blockage by another vessel. In their defense, the Charterers claim that the Owner violated the contracted pump warranty and have no grounds for demurrage while also stating that the Owner should have been aware of possible delays in the Chelsea Street Bridge Safety Zone.
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Cape Tankers, Inc. v. Adam Maritime Corp. (The “Cabo Tamar”) – SMA No. 3705, 24 Sep 2001

ASBATANKVOY -- CARGO -- ROB -- TANK -- ARBITRATION -- WITHHELD FREIGHT -- BURDEN OF PROOF -- Charterer Award After discharging, there was over 5000 bbls of unpumpable cargo remaining in Vessel tanks. The Owners began arbitration for withheld freight costs on the grounds that the Charterers told the Vessel to keep cargo as cool as possible, which inadvertently rendered it unpumpable. The Owners further claim that the burden to prove that the ROB was liquid and pumpable falls on the Charterers.
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