Some days later, the charterers informed that they might have to change the nomination and in the end ordered the vessel to proceed to first Ras Laffan and then Ras Tanura for loading. The owners advised that they had already placed a bunker stem at Mina Al-Ahmadi and held the charterers liable for any additional costs they would have to incur due to this change, pursuant to Clause 4 c of the charterparty. Owners claimed for this difference under Clause 4 c. Andrew Smith J rejected both arguments and judged that a there was no clear basis on which to allow an implied option to charterers for changing a nomination and b that, on the true construction of Clause 4 c , the additional costs incurred in having to purchase the more expensive bunkers would be regarded as an expense under the said clause.
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Please contact customerservices lexology. In this case the Claimant was the owner of the MT Antiparos. The Defendants were the charterers. The vessel would need to bunker at the loadport. Although owners were able to cancel the stem at Mina Al-Ahmadi without charge, the cost of bunkers at Ras Tanura was higher and they said that if they had originally been given instructions to load there they would have arranged to stem bunkers at Fujairah.
They therefore sought to recover the difference between the cost of bunkers at Fujairah and those at Ras Tanura. This led to a consideration of clause 4 and in particular 1 whether clause 4 c entitles charterers to change the nomination of loading or discharging ports and 2 what costs are recoverable under clause 4 c.
It was held that clause 4 c does not confer a right to revise a nomination, with or without the qualification that it is limited to ports that can fairly be said to be within the same range as the port originally nominated.
It is worth noting that in this case the revised nomination was made after the last date by which the loading ports were to be named under clause 4 a.
It was also held the expression 'any extra expenses incurred in connection with any change of loading or discharge port There was no justification for requiring the 'connection' to be one of reliance. The clause required the charterer to bear extra expenses incurred in connection with a change of nomination, and extra expenses were to be assessed by comparing the expenses incurred with what would have been incurred had the original nomination not been changed. If you would like to learn how Lexology can drive your content marketing strategy forward, please email enquiries lexology.
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No Implied Right to Change Voyage Orders under Asbatankvoy Form
ASBA begin to jointly develop a charter party specifically for use in the gas tanker trade. The new form is intended for use of chartering tankers for LPG, anhydrous ammonia and chemical gases. The first meeting of the subcommittee will be held on 25 June Jeanne L. ASBA sets the standard of professional conduct and practice, and defines customs of the trade for ship brokers and agents. Annual Cargo Conference — Sept.
Asbatankvoy - an Insight into the Interpretation of Clause 4(c)
Under a conventional cargo time charter party, the right to suspend performance for non-payment of hire provides owners with a powerful commercial tool to leverage late hire payments. This is the result of an online meeting of the subcommittee held on 18 May. BIMCO, Institute of Chartered Shipbrokers and Ocean Technologies Group subsidiary Videotel have partnered to create a high-quality, accessible educational resource to help maritime students across the globe to continue their studies remotely during the coronavirus pandemic. There are a variety of circumstances where a tug and tow may need to deviate from the intended course or delay the voyage. The subcommittee developing a standard time charter party for accommodation support vessels ASVs , at an online meeting on 23 April, continued discussions on key areas of the new contract, including offshore bunkering and how to address the concept of immediate tasks in an ASV specific context. For all the latest market analysis on global shipping including macro economics, tanker, container and dry bulk. Lines are open until CET.
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