Dow Chemical Pacific Ltd. v. Rascator Maritime S.A. and others (The Ogden Fraser) - U.S. District Ct. (S.D.N.Y.) (Duffy D.J.) - 17 July 1986

Whether attorneys’ fees payable as part of indemnity judgment

The vessel Ogden Fraser was time chartered by Ogden Fraser Transport to Sanko Steamship Co. on the NYPE form and sub-time-chartered to Rascator Maritime S.A. Another company, Intra-Span, conducted business on behalf of Rascator in the USA. Two different shippers sought to ship cargoes from North America to India. However, after the cargo had been loaded, the President and sole stockholder of Intra-Span (Mahmud Sipra), acting through another company, gave instructions to the vessel not to proceed to India, but to sail to Cadiz, a port to which the vessel was not originally scheduled to call. The vessel was instructed to discharge the cargoes at Cadiz.