Tradewind Tankers CA v. Bristar Overseas (The “Bright Gulf”) – SMA No. 3757, 8 Oct 2002

SHELLTIME 4 -- VOYAGE -- ARBITRATION -- TIME CHARTER -- DECK HEATER -- Partial Charterer Award In this time-charter contract, the Charterer commissioned the Owner’s Vessel because of its deck heater capability, which was necessary for the contracted cargo. However, the Vessel needed to undergo deck heater repairs and subsequently forced the Charterer to use a different vessel. Afterwards, the Charterer began arbitration to recover damages from the Vessel’s untendered voyage and contract breaches.
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