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Lloyd's Maritime Law Newsletter

Aceros Arequipa SA v Nikko Shipping Co (The 'Sea Wind') - Before R Glenn Bauer, Chairman, A J Siciliano and George Cavooris - 8 September 1999

Laytime - Whether notice of readiness valid - Whether owners entitled to damages for detention as well as demurrage - Whether discharge rate should be reduced because vessel only used three out of five hatches - Whether owners entitled to reimbursement of canal dues

Various issues arose for determination in this arbitration. One issue related to demurrage at the loading port. The vessel arrived at the Puerto Ordaz sea buoy on 2 January 1995 and gave notice of readiness on 3 January at 0555 hours while at the anchorage. At the time she arrived the loading berth was occupied. Under the charterparty terms, time commenced at 0800 hours on 4 January. The quantity of cargo to be carried, and upon which freight and deadfreight had already been paid, was 19,000 metric tons. The rate of loading was 20,000 metric tons per day. Time allowed for loading expired on 5 January at 0648 hours.

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