By Andrew Wilding, Managing Director, Asdem Limited
This case concerned the basis of Glencore’s claim against OMV under a CFR contract for waiting time outside the port. The vessel was chartered in by ST Shipping. Under a Frame Agreement between Glencore and ST, Glencore informs ST Shipping that it requires a vessel for a particular trade. ST Shipping then seeks to provide vessels from ST Shipping’s own fleet or by chartering them in. Once the vessel, Sea Grace, had been chartered for this sale by ST they dropped out of the picture and Glencore Energy took over the handling of day to day operations and the provision of instructions to the vessel.
OMV asked Glencore to instruct the vessel to wait because a berth was not available to discharge. When OMV provided its instructions to wait, they asked for ...
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