Tagged: Oct/Dec 1996

Elmadonna, Inc. v. Trifinery, Inc. (The “Felicity L.”) – SMA No. 3235, 20 Nov 1995

LAYCAN -- CHARTER PARTY -- LOADPORT -- LAYDAY -- BERTH -- DEMURRAGE -- ETA -- REFINERY -- DAMAGES -- Partial Owner Award Because the Owners advised the Charterers that the Vessel would arrive within laycan, the Charterers did not terminate the charter party before the cancellation date. The Vessel then arrived at loadport after the last layday and likewise incurred berthing delays which the Owners claimed as demurrage. The Charterers blamed the delay on the Owners’ failure to produce a good faith ETA and counterclaimed for refinery damages from the late delivery.
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Dorval Tankships Pty. v. Hurrport, Inc. (The “Uznadze”) – SMA No. 3237, 5 Jan 1996

VEGOILVOY -- ARBITRATION -- DEMURRAGE -- ARBITRATOR -- Owner Award This shortened arbitration dispute arose from the Charterers neglecting to respond to any of the Owners’ requests for demurrage payment. The Charterers did not respond to arbitration proceeding nor nominate an arbitrator.
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Seapanther Navigation Co. Ltd. v. Clark Oil Trading Company (The “Mare De Kara”), SMA No. 3238, 17 Jan 1996

ASBATANKVOY -- ARBITRATION -- BERTH -- TERMINAL -- PIPELINE -- MANIFOLD -- Charterer Award This arbitration centered upon the slow load rate at the Vessel’s second berth. The Charterers claim that this rate was faulted by shipside flow restrictions basis the high pressures in the terminal pipeline. The Owners, however, argue that the flow restriction could have been avoided if, instead of using only one hose, the terminal utilized the Vessel’s full range of manifold connections.
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Odfjell Tankers v. Bear Stearns NY, Inc. (The “Bow Petros”) – SMA No. 3245, 26 Jan 1996

ASBATANKVOY -- DEMURRAGE -- LOADPORT -- STRIKE -- SLOWDOWN -- Owner Award The Owners filed a demurrage claim for the extensive delays at loadport. The Charterers argued that a recent workers strike out of their control caused the loading slowdown, and therefore, all demurrage should either be rescinded or reduced to 50% demurrage.
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