Tagged: Oct/Dec 2003

Tradewind Tankers CA v. Bristar Overseas (The “Bright Gulf”) – SMA No. 3757, 8 Oct 2002

SHELLTIME 4 -- VOYAGE -- ARBITRATION -- TIME CHARTER -- DECK HEATER -- Partial Charterer Award In this time-charter contract, the Charterer commissioned the Owner’s Vessel because of its deck heater capability, which was necessary for the contracted cargo. However, the Vessel needed to undergo deck heater repairs and subsequently forced the Charterer to use a different vessel. Afterwards, the Charterer began arbitration to recover damages from the Vessel’s untendered voyage and contract breaches.
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Scandinavian Liquid Carriers, Ltd. v. Lelco Petroleum USA, Inc. (The “Spirit”) – SMA No. 3761, 8 Nov 2002

ASBATANKVOY -- VOYAGE -- LOADPORT -- LAYCAN -- LAYTIME -- DEMURRAGE -- PORT AGENT -- Owner Award After an initial vessel substitution, the new Vessel began voyage and tendered NOR at loadport during the designated laycan. Nevertheless, low pumping speeds extended laytime past laycan and gave reason for an Owner demurrage claim. The Charterers, however, refused to pay, arguing that flawed port agent information and Vessel confusion led to a misunderstanding of the Vessel’s acceptable loading speeds.
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Wonsild Liquid Carriers Ltd. v. Naviera del Pacifico SA de CV (The “Dzintari”) – SMA No. 3771, 24 Feb 2003

SHELLTIME 4 -- ARBITRATION -- OFF-HIRE -- VETTING -- VOYAGE -- TIME CHARTER -- Owner Award This arbitration dispute arose from a potentially invalid off-hire declaration by the Charterer. In this case, the Charterer declared the Vessel off-hire until proper CDI vetting approval; however, the Charterer also ordered the Vessel to undergo a voyage during this off-hire. So when the Owners were billed for this period, they argued that the Vessel was technically in use by the Charterer.
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