CONTRACT OF AFFREIGHTMENT -- BERTH -- DISPORT -- DREDGE PIPE -- CHANNEL -- GROUNDING -- ARBITRATION -- UNSAFE BERTH -- Charterer Award While moving to berth at disport, the Vessel ran aground on an abandoned dredge pipe in the navigation channel. The Owner followed suit with an arbitration charge for the damages sustained in the grounding, claiming that the Charterer had breached the safe berth warranty. The Charterer counterclaimed that the Owner faulted the grounding citing the Owner’s frequent usage of the port in the past as well as the lack of prior Owner proof that the berth was unsafe.
NORGRAIN 89 -- CHARTER PARTY -- GOVERNMENT CURFEW -- CARGO -- DEMURRAGE -- BERTH -- DISPORT -- Owner Award The Charter Party specifically stated that if cargo cannot be discharged because of "Civil Commotions," then there cannot be any demurrage claim for lost time. But, when the Vessel berthed at disport and a national curfew was in place, the Owner filed for demurrage regardless arguing that the curfew did not prevent the cargo from being discharged, but instead the subsequent lack of trucks leaving the port was the root cause of detainment.
ASBATANKVOY -- ARBITRATION -- PUMP WARRANTY -- MANIFOLD -- DEMURRAGE -- LATE PAYMENT -- PUMP WARRANTY -- Owner Award This arbitration centers around the finer aspects of the pump warranty. In this case, the Charterers argue that the agreed pressure at the Vessel’s manifold was not maintained throughout the unloading. The Owners, on the other hand, stipulate that the referenced pressure drops were at the beginning and end of discharge, a common safety and loss prevention practice.
SALES CONTRACT -- SHIPPING -- DEMURRAGE -- ARBITRATION -- DETENTION -- PORT -- CARGO -- VETTING -- Buyer Award The Buyer preliminarily contacted the Seller to ask if the Vessel characteristics agreed with Seller requirements for shipping. After granting approval, the Seller allegedly sent documents stipulating that the agreement was conditional on whether the Vessel had an operating VR system. However, the Buyer never received such stipulations and submitted demurrage for delays at port when the Seller refused Vessel loading without VR.
ANCHORAGE -- CHARTER -- ARBITRATION -- BERTH -- LOAD OPERATIONS -- VESSEL ARREST -- VALIDITY OF NOR – HOLIDAY -- Owner Award After arriving at anchorage, the Vessel was arrested for reasons concerning previous charters. Once the Vessel had passed inspection by authorities but not before being released, it tendered NOR. At arbitration, the Charterers refute the tender saying that the Vessel could not shift to berth while arrested; yet, the Owners stipulate that, in fact, the court order specifically allowed berthing and the commencement of load operations.
ASBATANKVOY -- LOADPORT -- LOAD OPERATIONS -- DEMURRAGE -- ARBITRATIONT -- CARGO CONTAMINATION -- LIABILITY FOR DEMURRAGE, FREIGHT, DEADFREIGHT AND DAMAGES -- Owner Award The Vessel arrived at loadport, passed surveyor inspection, and began loading cargo. However, when the surveyor inspected the cargo after partial loading, He/She rejected the loaded cargo because of floating particles in the sample. After the voyage, the Owner claimed that the surveyor passed the Vessel before loading and filed demurrage for the tank cleaning delays.
ARBITRATION -- VOYAGE -- DEMURRAGE -- SPEED WARRANTY -- SEAWORTHINESS -- SPEED WARRANTY – LOSS OF ANCHOR CHAINS -- UNSEAWORTHINESS OR UNSAFE PORT/BERTH - VALIDITY OF NOR -- Owner Award The arbitration following the Vessel’s voyage encompassed several key demurrage arguments. Disputes center around the Vessel speed warranty and the application of the word "about", the fault for broken anchor chains (Charterer port unsafety or Owner Vessel unseaworthiness), and the validity of subsequent NOR tender if the anchors were broken.
With hurricanes Katrina and Rita recently hitting the U.S. Gulf, Charterers and Owners have found their vessels incurring lengthy waits. Since Asbatankvoy remains the most popular bulk liquids boilerplate and it incorporates the term storm in its Clause 8 half-time provision, the below defines the term storm under both English and U.S. law.