Navios v. Int'l Materials
|
DMC/S&T/22/01
GYPSUM CARGOES CARRIED IN SELF-DISCHARGING SHIP: CARGO FOUND SOLIDIFIED ON ARRIVAL AT DISCHARGE PORT: NO EVIDENCE OF FAULT WITH SHIP’S EQUIPMENT: CHARTERERS RESPONSIBLE FOR DELAY IN DISCHARGING AND EXTRA COSTS INCURRED Summary
DMC Category Rating: Confirmed Facts
The ship arriv ![]() Whilst awaiting the arrival of these contractors, the owners moved the ship off the berth, in order to load its three empty holds with its next cargo of coal. The specialist equipment required by the contractors arrived in Maracaibo on February 13 and the discharge was completed two days later. Owners, having previously put the charterers on notice, claimed demurrage for the delay in discharging, amounting to US$85,281, the additional discharging expenses they incurred in the amount of US$80,731, together with interest, attorneys’ fees and costs. The charterparty provided for arbitration in New York The Award
The panel accordingly awarded owners the demurrage and damages claimed. Interest was awarded at the weighted averaged Prime Rate as published by Chase Manhattan Bank for the period. No allowance was made for attorneys’ fees and costs, but the panel rejected an argument advanced by the charterers to the effect that the provision for US law in the arbitration clause of the charterparty ‘mandated the American Rule, pursuant to which each side bears its own expenses.’ The fees and expenses of the arbitrators were assessed as to 25% against the owners and as to 75% against the charterers. |
These Case Notes have been prepared with care, but neither the Editor nor the International and other Contributors can guarantee that they are free from error, nor that they contain every pertinent point. Reliance should not therefore be placed upon them without independent verification. The Editor and the International and other Contributors disclaim all liability for any loss of whatsoever nature and howsoever arising as a result of others acting or refraining from acting in reliance on the contents of this website and the information to which it gives access. The Editor claims copyright in the content of the website. |