SMA AWARD SERVICE

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Where to Find Society of Maritime Arbitrators, Inc. Arbitration Awards Materials on the LEXIS-NEXIS® services

How to Search SMA Materials on the LEXIS-NEXIS® services

Sample SMA Document on the LEXIS-NEXIS® services

To Subscribe to the Hard Copy Version of the SMA Awards Service

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.

Where to Find Society of Maritime Arbitrators, Inc. Arbitration Awards Materials on the LEXIS-NEXIS® services

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-NEXIS® services

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.

  • To find an award decision using the SMA award number:
LIBRARY;FILE:
ENTER:
ADMRTY;USAWDS
number (3025)
  • To find award decisions involving a particular party:
LIBRARY;FILE:
ENTER:
ADMRTY;USAWDS
name (scanchem chartering)
  • To find award decisions in which a particular arbitrator took part:
LIBRARY;FILE:
ENTER:
ADMRTY;USAWDS
panel (mordhorst)
  • To find award decisions in which a particular counsel appeared, and the parties they represented:
LIBRARY;FILE:
ENTER:
ADMRTY;USAWDS
counsel (honan)
  • To find awards decisions discussing the negligence of a master:
LIBRARY;FILE:
ENTER:
ADMRTY;USAWDS
negligen! w/5 master
  • To find awards decisions that mention the U.S. Carriage of Goods by Sea Act (Cogsa):
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-NEXIS® services

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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