Due to provisional changes of places and time of loading, a vessel responsible for transportation was detained at a port for certain period. The logistics company thus claimed losses against shipper, whilst the shipper lodged objection to the place and time as specified on deck logbook for which the vessel was detained. Recently, in a case of dispute arising from voyage charter party, Shanghai Maritime Court checked out the sailing dynamic status of the vessel through the “vessel data analytic system” developed by its own, ascertaining effectively the period of detention, and result of which was finally confirmed by parties concerned, promoting the conciliation of the case in court.

Dispute arising from Extension of loading and discharge

Upon entrustment of a shipper, the logistics company established in Shanghai shipped a batch of gasoline from Nantong to Chongqing, and these two parties concluded voyage charter party for this regard, agreeing that the total time for loading and discharge at the port of loading and the port of discharge by the vessel shall not exceed 120hours, otherwise the logistics company shall be entitled for demurrage charges.

Whilst carriage under such charter party was to be performed during Spring Festival holiday, provisional changes occurred to the time of discharge from and place of waiting of the vessel, which caused the vessel to detain at port for relatively long time. Upon completion of discharge, the logistic company claimed freight and demurrage charge from the shipper. Whilst the logistics refused to pay the same based on the allegation of shortage of gasoline and denial of period of detention. The logistics company thus sued before Shanghai Maritime Court.

Period of detention was ascertained at court

During court hearing, both the plaintiff and the defendant reached consensus for the quantity of shortage of gasoline but disputed over the amount of demurrage charge.

The logistics company submitted deck logbook of the vessel, but the shipper held that content specified on such logbook was inconsistent with actual situation, it suspected of falsifying by the plaintiff.

Upon confirmation with both the plaintiff and the defendant, the collegiate bench use “vessel data analytic system” to check out the historical sailing tracks of the vessel at court, judging the time of arrival at and departure from the port of discharge and port of loading based on the sailing track, speeds and courses at specific moments.

“According to inquiry to system developed by this court, the involved vessel arrived at the port of loading at 0930hrs on January 16, loading operation was completed at 1500hrs on January 18. She arrived at the anchorage of the port of discharging at 1430hrs on February 1, waiting for berth, berthing alongside at 1330hrs on February 7, and discharge was completed at 0100hrs on February 8.”

Both the plaintiff and the defendant confirmed such fact ascertained by the court, and they reached conciliation agreement in court, whereby the defendant(shipper) shall pay freight and demurrage charge in total amount of bout RMB376,000 to the plaintiff (logistics company).

“vessel data analytic system" of the court reflected clearly and accurately the sailing dynamic status of the vessel, helping us to ascertain the fact, and we are satisfied with the result of the dispute.” said the logistics company after court hearing.

 “Vessel data analytic system” assists maritime trials

It is learnt that the “vessel data analytic system” was developed by Shanghai Maritime Court of its own, which was the first of this kind in maritime courts of China. The system collects extensively data of vessels, meteorology and sea states, etc. to construct a high-performance big data platform, which provides informationized support for trial of cases.

Source: News Center of Shanghai Maritime Court