在最近的伦敦仲裁(2018) 997 LMLN 2中，涉案船舶以经修订的NYPE格式订立期租租约。本案船东拒绝装载租家的铁矿粉货物且不再履行租约。由此，船东提起了未付租金及燃油索赔，总金额达到145, 965.03美元，或进一步索赔损失及错误还船的损失。同时，本案另涉及一些小争议，本文不予讨论。
真正的问题因租家要装运上船的铁矿粉货物而起。有两个背景问题尤为重要。在船舶抵达霍尔迪亚(Haldia)港口之前，2011年6月16日开始进入季风季节，并于船舶在港期间一直持续。租家要装运的第一批货物堆放于远离装运泊位的露天堆场。
详细信息请参阅附件。
Charterparty Dispute – Loading Iron Ore Fines
In a recent arbitration (2018) 997 LMLN 2, the subject vessel was fixed under a NYPE form as amended for a time charter trip. In the event, the Owners refused to load the Charterers’ cargo of iron ore fines, and the charter was accordingly never performed. As a result, the Owners advanced a claim for unpaid hire and bunkers in the sum of USD145, 965.03, further and alternatively damages, and also damages for wrongful redelivery. There were other minor disputes as well and are therefore not discussed within the article.
The real problems arose as a result of the cargoes of iron ore fines that the Charterers wished to load on the said vessel. There were two background facts that were of particular significance. The monsoon season started on 16 June 2011, before the vessel arrived at Haldia, and continued throughout the time she was there. And the cargo which the Charterers first wanted to load was stored in the open, at a site distant from the berth where loading would have taken place.
See attached file: ALCO20180003 Charterparty Dispute – Loading Iron Ore Fines.pdf
