Westport Petroleum, Inc. v. Falcon Carrier Shipping Ltd. (The “Falcon Carrier”) – SMA No. 4085, 9 Aug 2010

ASBATANKVOY — JURISDICTION — DEVIATION EXPENSE — FAILURE TO ACCEPT FULL CARGO — DEMURRAGE — TIME BAR — Charterer Award

Charterer paid lump sum freight on the mother vessel basis a full cargo of 66K MT. When mother vessel could only load 63K MT, daughter vessel incurred deviation expenses when she had to return to Singapore to discharge the balance of the cargo. At arbitration, Owner questioned jurisdiction claiming Charterer failed to properly inform them of the arbitration, Charterer claimed costs of the deviation and Owner claimed demurrage which charterer claimed was time barred.