Claims examples

In Ship broking

18/09/2014

SMS

Charterers who had entered a COA asked the shipbroker if they could increase the volume of cargo which had already been booked. The broker, who was working from home, contacted the owner via SMS to ask if there was additional space available on the ship, as charterers might want to increase the volume depending on how much space was available.

18/09/2014

Loose lips…

A young trainee shipbroker, no more than a few months in the job, attended a function at a major industry conference. He was introduced to a young associate attorney from a prominent local law firm. He asked her “what are you working on?”, to which the reply was that she had been working on the arrest of a ship belonging to an owner who she named. The broker responded that he was aware of the ship and the owner, as they were working on something for them as well.

18/09/2014

Failure to forward full information

A shipbroker received a request to find a suitable ship for a shipment of steel pipes. Shortly after negotiations had commenced the charterer called to inform the broker that there was an additional dunnage requirement of approximately 7cm between each of the layers of pipes. Unfortunately the broker failed to forward this new information over to the owners.

27/03/2014

Shipbroker gets lost commission

A shipbroker fixed a ship on time charter from owners to charterers and then a voyage charter from the time charters to voyager charterers.

27/03/2014

Two channel communication

At the outset of negotiations the principal instructed his broker that they were prepared to pay a daily rate plus a lumpsum for redelivery in the Far East. The principal and the broker were communicating on an electronic messenger system while the broker was having exchanges with the other party via email.

10/10/2013

Twenty Four hours is a long time in a falling market

A shipbroker fixed an extension of a charter in direct continuation. However, the broker working the account had forgotten to include the charterer’s “subject to 24 hours reconfirmation” in the negotiation.

10/10/2013

Claims clause covers more than demurrage

After the conclusion of a voyage, various owner’s claims were submitted by the shipbroker to the charterers within the time allowed (including the costs of shifting, cleaning and demurrage). However the owners separately sent the shipbroker a claim for loss of hire. This was for an amount of USD 31,500 but this was not sent to the charterers within the 90 days. The charterparty was subject to US law and the time bar clause was wide enough to cover all “charges and claims”.

10/10/2013

A Friday afternoon failure

A ship was fixed for a trip timecharter for two voyages, with an option for a third. In accordance with the recap the option was to be declared by the charterers on completion of loading on the second voyage. The fixture had been negotiated via brokers in two different offices of the same broking company.

10/10/2013

Time waits for no claim

The loading of a ship was delayed, as a result of which the owners had a claim against the charterers under the terms of the charterparty for demurrage of around EUR 70,000.

18/03/2013

Brokers liable for bunkers

A chartering broker arranged a fixture for a voyage from the Black Sea to Singapore.

Get a quote

Fill in the relevant proposal form to receive a quote.

Make a claim

Guidance on how to report a claim.

Talk to our experts

Contact us at ITIC.
+44 (0)20 7204 2928

You are currently offline. Some pages or content may fail to load.