Tagged: Oct/Dec 2002

ASBATANKVOY -- DISPORT -- CARGO -- CONTAMINATION -- SAMPLE -- LOADPORT -- TERMINAL -- Owner Award When the Vessel arrived at disport, the discharged cargo was found to be contaminated upon sampling. The Charterer subsequently claimed damages in light of the loadport samples being uncontaminated. However, the Owners refuted the loadport samples’ accuracy and argued that they were taken forty-nine days prior to loading and only from one of the two terminal tanks.

SHELLTIME 3 -- ARBITRATION -- BUNKER -- TIME CHARTER -- TIME-BAR -- RECAP -- Partial Owner Award The primary dispute at arbitration was the proper assessment of bunker consumption and speed allowances in a time charter contract. Because the Vessel exceeded these recap minimums, the Owner demanded reimbursement. However, the Charterer argued that the claim was time-barred, but in response submitted a counterclaim for pumping deficiencies.

ASBATANKVOY -- ARBITRATION -- DEADFREIGHT -- BROKER -- CHARTER PARTY -- VOYAGE -- CARGO -- Owner Award When the Charterer cancelled the contract and refused to supply cargo on both the original and mitigated voyages, the Owner began arbitration in order to recover the resulting deadfreight damages. The Charterer blames the broker in constructing a contract outside of the Charterer’s instructions which absolves the Charterer from a binding agreement to supply cargo.

ASBATANKVOY -- ARBITRATION -- DEMURRAGE -- INVOICE -- PRIMA FACIE -- Owner Award The Owners began arbitration to recover an outstanding demurrage claim after hearing no Charterer-reply to their invoices. The Owners based their claim as prima facie.