The TANKVOYager

• In a dispute involving a Disponent Owner, Charterer and Sub Charterer, can the parties be compelled to consolidate into one arbitration proceeding when there is a common question of law, even if all parties are not in agreement to consolidate?
• When Charterers’ nominated port sustains damage from a hurricane while the Vessel is in transit, is the Charterer automatically protected by a contemporaneous force majeure declaration with the subsequent berthing delays not to count?
• What happens if the Vessel arrives at the port on demurrage and while awaiting berth the port closes for two days due to the threat of a hurricane—does this constitute a force majeure condition for the purposes of interrupting demurrage time from running?
• Does the arrest of a Vessel while awaiting berth automatically cease time counting?
• While awaiting berth, if the Vessel grounds thereby requiring a class survey, does time continue running if said action does not delay the Vessel in berthing when so ordered?
• Can a Vessel tender a valid NOR while awaiting approval of her application for port entry i.e. does this process constitute a mere formality?
• What is the meaning of the term “about” when describing consumption and speed warranties as contained within a time charter?
• In a time charter contract, if the Vessel complies with the bunker consumption warranty but fails to meet the speed warranty, can Owners reduce Charterers’ hire claim with a bunker credit by assessing the bunkers saved basis the maximum allowed i.e. the bunker warranty PLUS the allowance for the term “about”?
• Under a time charter contract, is the Disponent Owner able to exercise their rights of lien over cargo belonging to third parties; i.e. not the Charterer? Is the time-period during which Owners refuse to discharge, the result of a purported exercise of their rights of lien, considered off hire?
• Is a Vessel obligated to enact “quick departure” procedures from a load port when mutually agreed between Charterer’s and Owner’s port agents?
• If a Vessel’s departure is delayed awaiting documents (due to an incorrect bill of lading date) exceeding the document allowance provision; and, she is subsequently delayed a few hours awaiting pilots, when does time stop: when documents are placed on board or when the Vessel sails?
• Is a Vessel’s NOR valid when tendered from a bunkering position fifty miles outside port limits? At a port subjected to pirate attacks, does the issue of the Vessel’s safety override the Owners’ contractual obligation to tender NOR from the customary anchorage?
• How are weather delays assessed at a Floating Production, Storage and Offloading (FPSO) Vessel vs. a transshipment?

"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]