ASBATANKVOY -- DISCHARGING PREWASH SLOPS -- DEMURRAGE -- Partial Owner Award Although Charterer didn't respond to Owner's initiation of arbitration proceedings, the Panel took matters into their own hands and edited the demurrage claim for time spent discharging slops. This award explains why.
ASBATANKVOY --ONE SAFE BERTH -- ADDITIONAL BERTH COSTS -- DEMURRAGE -- Owner Award Although the Vessel was fixed basis "one safe berth" for discharging, an agreement was made after the fixture adding a second berth. Owner commenced arbitration to recover the additional costs and demurrage incurred during the voyage.
ASBATANKVOY -- SAFE PORT WARRANTY -- INABILITY TO PROVIDE FULL CARGO DUE TO SILTING -- DEADFREIGHT -- Owner Award In this dispute, the Panel was called upon to determine the Charterer's liability following their failure to provide the minimum amount of cargo stated in the charter party due to draft restrictions caused by silting. The Panel explains what other options the Charterer could have exercised other than simply loading less cargo to the Vessel.
NYPE -- LATE REDELIVERY -- WHETHER SUBSEQUENT LOST PROFITS WERE FORSEEABLE -- DAMAGES UNDER SUBSEQUENT FIXTURE -- Charterer Award Following the late redelivery of the Vessel from a time charter, Owners were forced to renegotiate their next time charter at a lower rate. Owners claimed $1.3 million in damages and won the dispute. On this appeal by Charterers, the Panel overturned the previous ruling with the simple question "Would an objective person have anticipated such a large loss of profits from the redelivery of a time chartered vessel made nine days late?" The award details the Panel's ruling and settlement.
SHELLTIME 4 -- VESSEL FITNESS FOR SERVICE WHEN REGULATIONS RESTRICTING CARGOES CHANGE -- MARPOL -- SEAWORTHINESS -- Charterer Award Two vessels were contracted for the carriage of fuel oils, but following the fixture, MARPOL regulations were changed, requiring fuel oil to be carried only in double-hulled ships. The Court of Appeal upheld the High Court's decision, and described what changes could have been made to the two vessels to bring them in compliance with the new MARPOL regulations.
ASBATANKVOY -- RESPONSIBILITY FOR "PIER DUES" -- CONFLICTING CLAUSES -- AMENDMENTS -- Charterer Award Although this award focuses on the responsibility for paying pier dues, it is relevant to laytime and demurrage in that the charter party contains two clauses which are in conflict. The Panel determines which clause takes precedence, and explains why.
STEMMOR -- ACCEPTANCE OF NOR -- REVERSIBLE LAYTIME -- TIME COUNTING DURING BUNKERING -- Owner Award The Panel is asked to rule on a variety of topics, including whether or not the failure to reject a NOR means that it is inherently accepted, the nature of "reversible" laytime and how laytime should be calculated for separate parcels, and whether time spent bunkering while waiting for an available berth counts as laytime.
In London Arbitration 8/08 we saw the tribunal rule that time during which a vessel bunkers at a waiting anchorage (i.e. charterers’ berth is not available) is to count as laytime or as time on demurrage. In making their ruling, the panel concluded that no time was lost as the vessel would not have been able to attend to the berth even had she not been bunkering nor was the ship’s readiness deemed impaired as she was doing what the charterer had ordered her to do; wait at the anchorage.