Tagged: Jul/Sep 2004

SHELLTIME 4 — TIME CHARTER — VOYAGE — ARBITRATION — DEMURRAGE — Charterer Award

In this time charter voyage, the Charterers had credit owed to them by the Owner. But because a company tied to the Charterer is in debt to the Owner, the Owner refused to pay the Charterer and used the other claim as credit to offset the debt.

SHELLTIME — ARBITRATION — MARKET RATE — CHARTER PARTY — VOYAGE — CHARTER — Owner Award

Although the Vessel was twenty days late for delivery, the disagreement at arbitration was the correct rate for the Vessel after this delay. The Charterers refused to grant the Owners the new market rate and cite the Charter Party clause which states that the final voyage must be completed “at the same rate and conditions” as in the Charter.

FIOT BULK SUGAR — PORT — DISPORT — CRANE — BERTH — DETENTION — DELAY — GOOD FAITH — BERTH — Owner Award

Because the Charterer’s Buyer instructed that Baltimore was the only feasible discharge port, the Charterer ordered the Vessel there despite recent port hazards. Once unloaded at disport, a damaged crane forced the Vessel to wait at berth for forty-six days. The Owners followed through with a detention claim arguing that the Charterers were aware of the anticipated delays and did not make a good faith effort to find another berth.

ASBATANKVOY — BILL OF LADING — ARBITRATION — CARGO — CONTAMINATION — DISCHARGE — PRIMA FACIE — SEAWORTHINESS — TRADE ALLOWANCES — Receiver Award

The seven Bill of Lading holders initiated arbitration for damages from cargo contamination and shortages upon discharge. The Owners claimed that the shortages were due to evaporation and trade allowances, while the Receivers argued that the Vessel unseaworthiness was prima facie.

NYPE — ARBITRATION — TIME CHARTER — OFF-HIRE — REPAIRS — Charterer Award

This case is a Charterer re-petition to the panel to terminate the time charter contract with the Owner because of ongoing repairs that render the Vessel off-hire and because of new information indicating Owner financial difficulty.