In a verdict delivered on 31 March 2011, the Netherlands Arbitration Institute fully rejected a claim lodged by Fairstar Heavy Transport N.V, a company listed on the Oslo stock exchange, against our client Fairmount Marine B.V. Fairstar Heavy Transport had claimed an amount of EUR 53 million.
The claim was related to the conversion of two ships that were intended for heavy maritime transport, such as the transportation of drilling platforms. The ships were the property of Fairstar Heavy Transport. Fairmount Marine was responsible for supervising the conversion during part of the construction period. The conversion process has led to considerable damages incurred by Fairstar Heavy Transport owing to cost overruns and delays. Fairstar Heavy Transport held Fairmount Marine liable for this. Fairmount Marine rejected all liability. In its opinion, the damages were the result of shortcomings at the shipyard, Malta Shipyards, and the way in which Fairstar Heavy Transport had interfered in the conversion process.
The arbiters ruled in favour of Fairmount Marine and also upheld its counterclaims referring to the unlawful termination of a management agreement between the parties and damages resulting from unlawful seizure.
Fairmount Marine was assisted in this case by a NautaDutilh team consisting of Bart Gerretsen, Rutger Kalsbeek, Nicole van den Heuvel and Philip Malanczuk.