Society of Maritime Arbitrators, Inc.
The full text of arbitration awards decisions published by the Society of Maritime Arbitrators, Inc. (SMA) can be found in the USAWDS file of the Admiralty (ADMRTY) library. The SMA materials complement the collection of domestic and British case law, statutory and regulatory materials, relevant secondary legal and non-legal research sources also found in the ADMRTY library.
| LEXIS® LIBRARY: | ADMRTY |
| FILE-NAME: | USAWDS |
| The SMA materials may be searched using the following segments (example provided): | |
| CONCUR | All concurring opinions, including names of those writing and joining in them. concur (weather work*** W/10 laytime) |
| CONCURBY | Last name(s) of the arbitrator(s) writing concurring opinions. concurby (van gelder) |
| COPYRIGHT | Name of the publisher and the copyright year. copyright (society maritime arbitrators) |
| COUNSEL | Names of counsel appearing in the matter, and the parties they represent. counsel (honan AND downey) |
| DATE | Date of the arbitration decision.
date = 11/1/1994 |
| DECISION | Full-text of the arbitrators' final decision. decision (demurrage time bar) |
| DISSENT | All dissenting opinions or opinions which concur in part or dissent in part, including names of those writing and joining in them. dissent (siciliano) |
| DISSENTBY | Last name(s) of the arbitrator(s) writing dissenting opinions or opinions concurring or
dissenting in part. dissentby (arnold) |
| NAME | Names of the parties involved in the dispute; may include names of vessels and charter
information. name (scanchem chartering AND sunrise shipping AND asbatankvoy) |
| NUMBER | Award number assigned by the Society of Maritime Arbitrators. number (3025) |
| PANEL | Names and titles of the arbitrators deciding the dispute. panel (mordhorst AND arnold AND van gelder) |
How to Search SMA Materials on the LEXIS
SMA materials on the LEXIS-NEXIS services can be searched using either standard Boolean searching or the FREESTYLE™ feature. Experienced searchers most often select the traditional Boolean search option for precision searching, particularly for segment searching. The FREESTYLE feature lets you enter a search in plain language. Your search description may be a question, phrase, or just words and concepts.
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| LIBRARY;FILE: ENTER: |
ADMRTY;USAWDS number (3025) |
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| LIBRARY;FILE: ENTER: |
ADMRTY;USAWDS name (scanchem chartering) |
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| LIBRARY;FILE: ENTER: |
ADMRTY;USAWDS panel (mordhorst) |
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| LIBRARY;FILE: ENTER: |
ADMRTY;USAWDS counsel (honan) |
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| LIBRARY;FILE: ENTER: |
ADMRTY;USAWDS negligen! w/5 master |
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| LIBRARY;FILE: ENTER: |
ADMRTY;USAWDS carriage of goods by sea act or cogsa | Use the FOCUSTM feature to further narrow your search to awards citing the duty to exercise due diligence in making the vessel seaworthy: |
| ENTER: | .fo due diligence w/5 seaworthy | Or use the FREESTYLE feature to submit this search in "plain language": |
| LIBRARY;FILE: ENTER: |
ADMRTY;USAWDS .fr;due diligence to make seaworthy under "carriage of goods by sea act" (cogsa) |
Sample SMA Document on the LEXIS
Copyright (c) Society of Maritime Arbitrators, Inc.
In the Matter of the Arbitration between OSIT SHIPPING, LTD. as owner of the KITSA and CANPOTEX SHIPPING SERVICES, LTD. as Charterer Under a NYPE form of Time Charter dated August 9, 1990
No. 3119
NOVEMBER 2, 1994
PANEL: Thomas F. Fox, Arbitrator; Hammond L. Cederholm, Arbitrator; A. J. Siciliano, Chairman
COUNSEL: Lamorte Burns & Co., Inc.
Mr. George Tsagaris
Mr. George A. Ammon
For and on behalf of Osit Shipping, Ltd.
Burlingham Underwood
Michael Marks Cohen, Esq.
David O. Treadwell, Jr., Esq., Of Counsel
For and on behalf of Canpotex Shipping Services, Ltd.
DECISION: FINAL AWARD
BACKGROUND
This dispute arose under a time charter of M/V KITSA for five to seven month from Owners, OSIT SHIPPING, LTD. (hereinafter OSIT or Owners) to Charterers, CANPOTEX SHIPPING SERVICES, LTD. (hereinafter CANPOTEX or Charterers) under an amended NYPE form.
On December 17, 1990, while on a voyage from Vancouver, BC to Taiwan with a cargo of potash, the vessel was requested by the U.S. Coast Guard to assist M/ ELOUNDA DAY which was in distress and ….
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No hearings were held. Instead, the arbitration was conducted solely on documents.
THE CLAIMS
Owners calculate that they are entitled to hire and bunkers from Charterers as follows:
| Off-Hire Deducted: | ||
| 118 hours 47 minutes X $ 7,900.00 | $ 39,544.99 | |
| Less Address Commission: | ||
| $ 39,544.99 X 0.025 | (988.62) | |
| Bunkers during off-hire: | ||
| IFO: 30.78 MT X $ 110.00 | 3,385.80 | |
| MDO: 17.158 MT X $ 210.00 | 3,603.18 | |
| Total $ 45,545.35 | ||
ISSUE
Whether a vessel that assists a distressed vessel in order to save lives is considered "off hire" under the Charter Party terms and conditions.
RELEVANT CHARTER PARTY CLAUSES
Lines 21/24. Vessel on her delivery to be ready to receive cargo with clean . . . holds and tight, staunch, strong and in every way fitted for the service, having water ballast, winches and donkey boiler with . . . .
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SOCIETY OF MARITIME ARBITRATORS, INC.
30 Broad Street - 7th Floor
New York, NY 10004
Telephone: 212-344-2400 - Fax: 212-344-2402
Email: info@smany.org
Copyright © Society of Maritime Arbitrators, Inc. 1997.