Wagenborg Shipping v. Rain CII Carbon (The “Azoresborg”) – SMA 4314, 17 May 2017

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AMWELSH – CANCELLED / REPUDIATED CHARTER PARTY – MITIGATED LOSSES – BALLAST VOYAGE – SUBSTITUTE EMPLOYMENT – POSITIONING VOYAGE

Upon cancelling the charter party during loading Charterer instructed Owner to mitigate losses by seeking other cargos. Owner repositioned the original vessel and had a sister ship sail a ballast voyage to the delivery location of the follow on time charter of the original ship.  Owner claimed for lost income and bunker costs due to repositioning.

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