IN THE MATTER OF AN ARBITRATION B E T W E E N: · PDF fileParties should also note that minor...
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Transcript of IN THE MATTER OF AN ARBITRATION B E T W E E N: · PDF fileParties should also note that minor...
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IN THE MATTER OF AN ARBITRATION
B E T W E E N:
WESTERN TANKERS INC
Claimant/Owners
- and -
LDT PTE
Defendant/Charterers
Procedural Order no 2
This procedural order contains answers to requests for clarifications.
Where questions have not been answered, it should be assumed either that they are not relevant, the answer is apparent on the facts already provided, the omission is deliberate, or that the resolution of the issue is a matter for the parties to determine by reference to the law and by drawing suitable inferences.
Parties should also note that minor typographical errors and mix ups occur in any business context. If the error is apparent then no clarification is provided.
Save for that set out below, all of the relevant correspondence is within the body of the problem.
1. The bill of lading details are correct. LDT is both the shipper and the disponent owner and carrier.
2. The words “Brilliant Dawn” on 33 and 38 are to be deleted and replaced with “Western Dawn”.
3. The Statement of Defence is to be amended as follows: Paragraph 3(a) delete the words “23 June 2014” and replace with “23 May 2014”.
4. For clarity, “WAF” is a common industry shortening for the words “West Africa”.
5. If a participating team cannot access and therefore requires a copy of Shelltime 4 (December 2003) their team contact person is to email the moot co-ordinator and a copy will be emailed to the requesting team. That copy will be provided on the basis that it will be used for the purposes of the moot only.
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6. It can be assumed by the teams that daily noon reports were sent by the Master of “Western Dawn”, except for that after 4 July 2014. The noon reports contained only position and other navigational data.
7. The reference to “Arb” in the correspondence between Bill and Charles dated 21st/1025(UTC+1) is a reference to “arbitrage” and not “arbitration”.
8. The problems associated with West Africa piracy are well known, reported and documented. The problem is contemporaneous. All of the facts required for addressing the problem are within the body of the problem.
9. Westdawn Shipping (BVI) LLC is a subsidiary company of WTI.
10. The decision on the part of the Master to head to Cape Town was a command decision on the part of the Master in light of the facts he had at the time.
11. Traders Inc BVI is an affiliated company of LDT.
12. ASA2 purport to control the “Antelope”. Beyond this, it is not known what relationship exists.
13. There is no known relationship between ASA and the “Antelope”.
14. Teams can assume that there is a long term bareboat charterparty between Westdawn and WTI which effectively gives WTI full commercial and operational control of “Western Dawn”.
15. It is not known who the present holder of the bill of lading is.
16. Angola Energy Imports have at this time not presented a claim for the failure to deliver the cargo.
17. The items referenced in the email from Rich Evasion CSO to Lucius at Purchasing WTI (dated 3 June, 1751 (UTC +8)) were available for delivery to the “Western Dawn” in Durban.
18. To the extent the teams consider necessary, they may refer to facts on piracy in West Africa (and in particular the STS area) from reputable sources which is publicly available. That material will guide the individual team’s approach to considering whether the STS location nominated by ASA2 is at risk of piracy activity. Facts provided by the teams on this specific issue will be taken to be a logical and necessary extension of the given facts under 2.5 of the Rules.
19. Shelltime 4 (December 2003) is a pro-forma charterparty but which has been amended by the recap.
20. On page 5 of the moot problem message from Bill IMWMB 26/05/2014 17:09 (UTC+1).
After the line commencing “Subject” insert the following: Charterers have lifted their management subjects as of 17:00 London time 26 May – now pleased to include fully fixed recap as follows.
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21. The email addresses [email protected] and [email protected] refer to the same person who is using two email addresses.
22. Under the terms of the sale contract (but which is not provided as part of the problem), title to the cargo passes from the supplier to the receiver at the port of discharge on passing the “Western Dawn’s” manifold.
23. For the avoidance of (any) doubt, the Dramatis Personae are identified in the following table.
Dramatis Personae
Bill (IMWMB) Broker between charter (LDTP) and shipowner (WTI).
Charles (LDTP) Chartering manager at LDTP.
Oliver (WTI) Chartering manager at WTI.
MD (WTI) Managing Director at WTI.
Chris (LDTP) Post fixture operations at charterers (LDTP).
JR Barr Charterers’ agent at Singapore.
Ricky Charterers’ agent representative at Singapore.
William at Atlantic Services Agency. Charterers discharge port agent.
Stelios Smith Master of Western Dawn.
David Ng Trader at Equator Bunkers.
Rich Evasion Company Security Officer for WTI.
Lucius Purchasing department for WTI.
Traders Inc (BVI) An affiliate of LDT.
Westdawn Shipping (BVI) LLC A subsidiary company of WTI.
Angola Energy Imports A purchaser of oil cargoes from LDT.
Capt. William Anya Atlantic STS agency.
____SIGNED________________
Chairperson
9 February 2015.
