![]() On 1 April 2019, the Charterers noted that the Terminal was able to discharge the cargo at an increased rate. They, therefore, requested that the Vessel berth and discharge at the next high tide. The Master contacted NMM again with detailed UKC calculations, noting that it would be possible for the Vessel to discharge with no allowance for delays, berthing, connections or ship or shore technical failures. NMM refused the waiver as: (i) there was very little margin for safety (ii) if there were any delays, the safety of the Vessel would be severely compromised and (iii) there were insufficient controls to mitigate the risks. The Master, therefore, requested that the Vessel lighter over 8,000MT before discharge could take place at the berth. The Master’s view was that this slower rate was insufficient to maintain a safe UKC during the discharge process. He, therefore, took the decision to leave the berth and return to anchorage. ![]() Shortly after arrival, the Terminal informed the Master that unloading would take place at a reduced discharge rate. A waiver was granted by NMM on the basis that discharge was commenced promptly to allow the draft to reduce (during discharge) prior to low water. ![]() The Vessel was chartered on an amended Shellvoy6 form for the carriage of a cargo of oil from Bilbao to Paulsboro on the Delaware River.īefore arrival at the discharge port, the Master approached the Vessel’s technical managers, NMM, for a waiver of the Vessel’s under-keel clearance (UKC) policy on the basis that the Vessel’s draft was equal to or less than the declared safe draft of the river. This waiver would permit the Vessel to berth despite a breach of the UKC policy. ![]() Petroleos Del Norte SA (MT Stena Primorsk) EWHC 2147 (Comm) This recent laytime and demurrage dispute demonstrates that an owner can legitimately refuse orders where such orders may jeopardise the safety of a vessel. ![]()
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