Tagged: Vol. 3 No. 2

Valeswood International Co., Ltd. v. Bear Stearns Ny, Inc. (The “Belle Haven”) – SMA No. 3307, 9 Oct 1996

ASBATANKVOY — VOYAGE — DEMURRAGE — TIME-BAR — ARBITRATION — SHIFTING TIME — Owner Award

The Charterer argued that the Owner’s six-year post voyage demurrage claim was time-barred and that the Owner was subsequently responsible for costs stemming from the untimely arbitration. But if the case was not deemed time-barred, then the Charterer asked for a demurrage reduction basis the “grossly excessive” shifting time.

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Clarendon, Ltd., Mark Rich & Co., and Adam Maritime Corp. v. Carina International Shipping Corp (The “Sobral”) – SMA No. 3277, 26 Jun 1996

ASBATANKVOY — LINES — CARGO — TERMINAL — BERTH — PARCEL — CHARTER — DEMURRAGE — HEDGE LOSS — FREIGHT — Owner Award

Due to clogged Vessel lines, the Vessel could only receive the first cargo parcel at a much slower rate than the terminal’s potential output. So, fearing additional slowdowns, the terminal forced the Vessel off berth to clean her lines before loading a second parcel and simultaneously chartered another vessel to load the third parcel. The Owner drafted a demurrage claim for off berth cleaning time while the Charterer counterclaimed for hedge loss, reduced market value, and freight compensation.

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