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.
|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. |
|NAME||Names of the parties involved in the dispute; may include names of vessels and charter
name (scanchem chartering AND sunrise shipping AND asbatankvoy)
|NUMBER||Award number assigned by the Society of Maritime Arbitrators.|
|PANEL||Names and titles of the arbitrators deciding the dispute.|
panel (mordhorst AND arnold AND van gelder)
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.
name (scanchem chartering)
negligen! w/5 master
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":|
.fr;due diligence to make seaworthy under "carriage of goods by sea act"
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
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.
Michael Marks Cohen, Esq.
David O. Treadwell, Jr., Esq., Of Counsel
For and on behalf of Canpotex Shipping Services, Ltd.
DECISION: FINAL AWARD
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.
Owners calculate that they are entitled to hire and bunkers from Charterers as follows:
|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|
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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