US Titan, Inc. v. Lagoven SA (The “Da Qing 88”) – SMA No. 3458, 26 Jun 1998

ASBA II -- PORT -- AGENT -- BERTH -- TERMINAL -- DEMURRAGE -- Charterer Award The Vessel was notified by her agents that she would likely be able to berth upon arrival; however, the terminal unexpectedly berthed another vessel out of turn and forced the Vessel to wait an additional 30H for a free berth. When the Owners billed this as demurrage, the Charterers argued that they were not responsible for the terminal’s mix-up and define this situation as "beyond their control."