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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