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Claim for coal demurrage is dismissed due to claimants’ failure to prove that the coal demurrage did not result from their failure to provide port services
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Shared liability in vessels’ demurrage frees claimant from obligation to pay penalties; CFE is ordered to return guarantee
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Despite lack of clarity in contractual terms, Greenfield assumed contractual obligations for transportation and storage services through its conduct
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Negotiation history confirms use-or-pay obligation until 2033
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Systemic interpretation suggests that TPP is entitled to port services charges on use-or-pay basis for contract’s entire duration
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Joined claimants have standing to sue in the arbitration as subcontractors
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Formal designation in contract is insufficient to be recognized as contractual party; entity must also have rights or obligations created, transferred, modified, or extinguished by the contract
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Background: Dispute over amounts owed under contract with Mexican state-owned energy facility leads to LCIA arbitration
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