Tuesday, December 5, 2023

 

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Latest Articles

London Arbitration- managing unnecessary delay

Decisions
The charterers alleged that the owners had failed to perform the contract and claimed damages of US$6,773,000. The said contract provided for any disputes between the parties to be referred to arbitration in London. Accordingly, charterers appointed as an arbitrator and called upon the owners to respond by...

Jurisdictional challenge- was there a binding contract?

Decisions
The Merchant did not provide cargo to be loaded at Houston in repudiatory breach of the booking note, and the Carrier claimed dead freight of US $100,275.00. As provided by Clause 11. (h) of the booking note, the amount invoiced represented the gross freight of US $140,275.00 less estimated...

Partial Final Award- Hire payment “without discount” and equitable set-off defence

Decisions
Several disputes arose under a contract for the vessel's services off the coast of Nigeria and were referred to arbitration in London. The present award was concerned solely with the discrete issue of the claim for unpaid hire made by the Owners. The Charterers admitted that hire in the...

Agents arrested the vessel due to unpaid disbursements at Rosario- Owners claiming unpaid hire, bunkers and expenses

Decisions
In this arbitration, under the LMAA Terms, various disputes arose under an amended SHELLTIME 4 CP. The Owners submitted that the Charterers had specifically, wrongly and in breach of the Charter Party failed: a) to pay hire as and when due following the 4th hire instalment in breach of...

Delay at loading port due to Fog-whether laytime runs

Decisions
In this arbitration, the dispute turned on a narrow issue: whether laytime ran during some periods of fog when the vessel was waiting at the roads in Constantza, and the port was reported as closed. This, in turn, determined when demurrage began as claimed by the owners and denied...
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