Tagged: Vol. 18 No. 3

NYPE — TIME-CHARTER — OFF-SPEC BUNKERS — BUNKER CONSUMPTION PRIOR TO ANALYSIS — DAMAGES — SPEED AND CONSUMPTION — Partial Owner Award

Off-spec bunkers were provided by Charterer yet prior to the sample analysis being received Vessel consumed some of the off-spec bunkers damaging the engines. Owner subsequently claimed for the cost of repairs, the cost to replace the bunkers, and the cost of cleaning of the tanks the off-spec bunkers were stored in. This arbitration also covered eight issues regarding the speed and consumption warranties.

CONTRACT OF AFFREIGHTMENT (COA) — ISPS CODE — LIABILITY FOR PORT EXPENSES — DOCKAGE AND SECURITY FEES — Owner Award

Midway through an eight-year fixed freight rate Contract of Affreightment (COA), Charterer’s new port manager directed Charterer to pass on port fees to Owner given the COA states Owner is responsible for “all port expenses”. Fees were previously not being passed on presumably due to Charterer’s lack of experience in this area.

NYPE — TIME-CHARTER — BUNKER PRICES — BUNKER SHORTFALL ON REDELIVERY — Owner Award

When Charterer failed to redeliver Vessel with the charter party mandated quantity of IFO and MDO, Owner claimed for the difference.

ASBATANKVOY — VESSEL BREAKDOWN — ENGINE PROBLEM — SEAWORTHINESS — Owner Award

At the time of the fixture, Vessel was in drydock for repairs. After undocking further repairs were found to be required subsequently causing the Vessel to miss her laydays. Charterer cancelled the fixture incurring costs in finding a suitable replacement which Charterer is claiming from Owner in this arbitration.

GENCON — CERTIFICATE OF AFFREIGHTMENT (COA) — GROUNDING IN RIVER — SAFE PORT / BERTH WARRANTY — DEMURRAGE — BUNKERS — Charterer Award

En route to the discharge berth named in the Contract of Affreightment (COA) and warranted as being a “safe berth”, Vessel grounded either due to poor seamanship or as a result of a buoy being out of place. As a result of the grounding, Vessel missed its berthing opportunity and after repairs was forced to await berth availability. Disponent Owner, arguing berth was unsafe, claimed for damages resulting from the grounding and demurrage during the aforementioned wait.

PDVSA TIME 2006 — TIME-CHARTER — EXTRA WAR RISK INSURANCE — INSURANCE PREMIUM — INTEREST CALCULATION — Owner Award

Charterer failed to pay the Extra War Risk Insurance Premiums and interest that was allowed within the charter party. The Panel revised the Owner’s interest rate and calculation methodology.

MEDITERRANEAN CHARTER PARTY — ETA SUBMITTED WITH INCORRECT CALL SIGN — BERTHING DELAY — INVALID NOR — BERTH OR PORT CHARTER — WIBON — Owner Award

Albeit quickly corrected, Master initially submitted an ETA with an incorrect Vessel call sign which per Charterer, caused the Vessel to be held out at anchorage whilst correcting the paperwork with the Chinese Authorities. As such, per Charterer the NOR is invalid. Further, per Charterer the charter party was of a berth nature, with NOR subsequently only effective in regards to the commencement of laytime upon the Vessel’s arrival in berth.