The TANKVOYager

• Under a voyage charter fixed on amended Shellvoy 5 inclusive of the published “Shell Additional Clauses” (akin to the Shellvoy 6 pro-forma), if the Vessel does not berth on arrival due to the berth being occupied, is the Vessel’s Notice of Readiness (NOR) invalid when free pratique is not granted within six hours (due to no fault of the Owner)?
• Regarding contract construction, if a fixture recap stipulates laytime to be “SHINC” (Sundays and Holidays Included) and the underlying pro-forma charter party stipulates laytime to be “SHINC” followed by an additional phrase “excluding Super Holidays”, does the fixture recap supersede the pro-forma in this example? Are these terms inconsistent?
• In the above contract, does laytime count during the terminal’s Christmas holiday shutdown?
• When a fixture recap names the load and discharge ports as “One safe berth” does that render the contract a berth charter i.e. delays in berthing do not count?
• In addition to stipulating “One safe berth,” if the fixture recap also includes a safe port warranty and stipulates that shifting time is not to count, is the contract a berth charter or port charter?
• Plus, this issue includes an overview of securing assets in maritime claims, a reference table of last year’s U.S. and English decisions, industry news, and market trends.

"The purpose of reasoned decisions and published awards is to give guidance to parties in the chartering and operational sectors of the industry. Prior decisions should assist in clarifying and/or standardizing contract clauses."   [Bow Spring, SMA No. 3582]