By a contract of sale dated 1 December 2009 the claimant seller agreed to sell to the defendant buyer 390,000 mts +/- 10% at the seller’s option of unclean coal in six shipments across the four quarters of 2010 on a cif basis.
In October 2005 the claimant (“TTMI”) was the tanker chartering arm of the Sempra group, the ultimate parent company of which was Sempra Energy USA, a Californian company.
Four vessels were chartered, each under a contract of affreightment (“COA”) on the AmWelsh voyage charterparty form as amended, for the carriage of coal from Indonesia to Puerto de Ferrol in Spain.
The VLCC Abqaiq was chartered on terms of the BPVOY 4 charter as amended for a voyage from Freeport, Bahamas, to Singapore.
The vessel was chartered on a modified Asbatankvoy form for the carriage of a cargo of fuel oil from Indonesia to Thailand.
The vessel was chartered on the terms of the Vegoil form to load a full and complete cargo of 6,200 mts, up to 5% more in charterers’ option, of 1-2 grades palm oils products in bulk and to carry the same from one safe port/one safe berth Dumai or Lubuk Gaung, Indonesia, to one safe port/safe berth Chittagong, Bangladesh.
The vessel was chartered on the Gencon form as amended.
The oil tanker Eagle Valencia was chartered on the Shellvoy 5 form.
The vessel Vine , a Capesize bulk carrier, was chartered by the claimant owners to the first defendant charterers for a voyage from “1 or 2 safe berths, 1 safe port Itaguai, Brazil, always afloat” to China with a cargo of 120,000 mt of iron ore.
On 5 December 2007 the claimant owners (“Zodiac”) concluded a Consecutive Voyage Charterparty (“the CVC”) with the defendant charterers (“FMG”).
