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Hill Rivkins Prevails in New York Maritime Arbitration
August 19, 2015
Hill Rivkins obtained a Final Award on behalf of its clients in a complex matter involving contamination to a liquefied gas cargo of polymer grade propylene. After ten evidentiary hearings, at which six fact and three expert witnesses testified, and post-hearing briefing, the Panel majority found that Charterer proved its prima facie case that the cargo was delivered to the LPG/C DESERT ORCHID from lightering vessels in good order and condition and discharged in a contaminated condition. The Panel majority held that the Owner failed to prove that the damage was due to an excepted cause and awarded Charterer all recoverable damages resulting from the contamination of the cargo, including freight paid to transport the cargo to the salvage buyer in mitigation of the loss, together with attorney’s fees, costs, and reimbursement of arbitrators’ fees. Further, the Panel majority denied Owner’s claim for demurrage and detention, finding that the delays/time/laytime forming the basis for the claim were the result of and were caused by the contamination, fault of Owner, and Owner’s breach of its obligations under the Charter. The matter was handled by Anthony Pruzinsky and Brian Eisenhower. In re LPC/C DESERT ORCHID, 2015 WL 1958925 (S.M.A. No. 4253, April 10, 2015).