Tagged: Vol. 9 No. 3

Bore Line Pte Ltd. v. Seaboard Marine, Inc. (The “Seaboard Horizon”) – SMA No. 3740, 15 Jun 2002

NYPE -- TIME CHARTER -- OFF-HIRE -- SEAWORTHINESS -- BUNKER -- ARBITRATION -- Partial Owner Award Throughout the life of the time charter contract, the Vessel had experienced extensive engine problems which rendered the Vessel off-hire on several occasions. The Charterers billed the Owners for the off-hire time and claimed that the delays were because of Vessel unseaworthiness. The Owners, on the other hand, blame the Charterer-supplied, low-grade bunkers for the engine trouble.
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Transportes Maritimos Centroamericanos v. Paper Sea AS (The “Forest Link”) – SMA No. 3745, 25 Jul 2002

NYPE -- CARGO -- CONTAMINATION -- SUBCHARTER -- TIME CHARTER -- UNSEAWORTHY -- NONPERFORMANCE -- OFF-HIRE -- Partial Owner Award After repeated incidents of Vessel-caused cargo contamination, few valued shippers would subcharter the Vessel. The Charterers then began arbitration in order to terminate the long-term time charter with the Vessel on the grounds that the Vessel was consistently unseaworthy. The Owners argued that the only response to nonperformance is the off-hire clause, not cancellation.
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Cape Tankers Inc. v. Chemoil Corp. – SMA No. 3746, 5 Aug 2002

ASBATANKVOY -- ARBITRATION -- CONTRACT OF AFFREIGHTMENT -- VOYAGE -- FREIGHT -- VESSEL -- Partial Charterer Award This arbitration from a Contract of Affreightment encompasses four separate disputes pertinent to COA legislation. Owner failure to inform Charterers of ETA changes, proper withdrawal of a notice of repudiation, the number of voyages contracted in a COA, and freight difference for substitute vessels are all discussed in the proceedings.
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