Tagged: Jul/Sep 2015

Agathonissos Special Maritime Enterprise v. ST Shipping & Transport PTE, Ltd. (The “Agathonissos”) – SMA No. 4248, 27 Mar 2015

ASBATANKVOY – PARTIAL FINAL AWARD – PARTIAL DEMURRAGE COLLECTION — DELAYS AT OTHER PORTS EXTENDING FROM COLLISION AND REPAIRS – Owner Award

Due to a collision in port Owner was required to repair the Vessel. Because of the delay the Owners contended that they should receive partial demurrage payment for the period after the collision. Charterer believed that a full hearing covering the entire voyage should be concluded before judgement can be passed on the demurrage from any single part of the voyage.

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London Arbitration 6/15

GENCON – LENGTHY LOAD PORT DELAYS – DEMURRAGE — VALIDITY OF BILLS OF LADING – CARGO LIEN – Owner Award

In this dispute significant load port delays led to the Owner and Charterer negotiating an addendum including supplemental compensation. Charterer did not establish a line of credit on time with Owner subsequently deeming the Charterer’s agents’ bills of lading invalid and exercised a lien on the cargo for the outstanding demurrage.

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Maritime Industry News…In Brief

SUEZ CANAL . . . The new Suez Canal which is due to open on 6 August 2015 will increase the capacity of the existing canal allowing ships to pass north and south concurrently. The long term goal is to increase the daily average of transiting vessels from 49 ships presently to 97 ships by...

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CDE SA v. Sure Wind Marine Ltd (The “Odyssée” and The “SB Seaguard”) – QBD, 14 April 2015

COLLISION — TWO-YEAR LIMITATION TO COMMENCE PROCEEDINGS — EXTENSION REQUESTED — Defendant award

A dispute arose after two vessels collided. In the course of negotiations, the Claimant issued an application for an extension to commence proceedings, but only after the expiration of a two-year limitation for claims filing passed. At issue was whether the Claimant’s extension request was reasonable.

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London Arbitration 7/15

TRIP CHARTER – BERTHING DELAY – VESSEL GROUNDING – SAFE BERTH — BUNKER CONSUMPTION – CHARTERER’S RIGHT TO ACCESS SHIP’S GENERATORS — Partial Owner Award

In this dispute, Owner claimed damages for survey costs and delay in discharge due to an insufficient draft at the berth causing the vessel to touch bottom. Charterers counterclaimed for overpaid bunkers and wanted compensation for denied access to the vessel’s generators to power shore grabs.

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Mabanaft International Ltd v Erg Petroli SpA (The “Yellow Star”) – Central London County Court Business List, 11 Apr 2000

DEMURRAGE — MISSING DOCUMENTS – OWNER’S CLAIM NOT PROVIDED – TIME BAR — Buyer Award

This dispute centers on determining the documents considered necessary to file a valid claim in order to avoid a time bar. In this case the seller was requesting demurrage payment while the buyer refused believing the claim had received a time bar.

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London Arbitration 5/15

NYPE — TIME CHARTER — VESSEL COLLISION WITH BERTH – DELAYED BERTHING AT NEXT PORT – WHEN IS VESSEL CONSIDERED OFF-HIRE – WHETHER COLLISION PREVENTED CHARTERERS FROM BRINGING CLAIMS AGAINST SUB-CHARTERERS — Owner Award

In this dispute the vessel had a collision with the berth at the first load port sustaining damage to one of its holds. At the following load port the points of contention were over the time period the vessel was considered off-hire, and what damages the charterers were owed due to the inability to bring claims against their sub-charterers.

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Idemitsu Apollo Corp. v. Navig8 Chemical Pool Inc. (The “Atlantic Jupiter”) – SMA No. 4257, 23 Jun 2015

CHARTER PARTY – CANCELED – MAJOR ISSUES DURING LOADING – VESSEL BANNED FROM TERMINAL – VESSEL UNABLE TO FULLY LOAD CARGO – Charterer Award

Because of multiple terminal compliance issues the vessel was banned from berthing to load its cargo at the terminal. The charterers then canceled the charter party. Owners contended that the cancellation was invalid.

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Market Trends Through Jun 2015

These charts represent freight rate trends (USD/M.T.) over a three-year period for 1,000 M.T. lots of easy liquid chemicals between Houston, Rotterdam, Mediterranean, Brazil, Latin America, Asia Pacific and Kandla. Data provided by New England Tanker Chartering, Inc. (NETCO).

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