Skip to main content

No. 18-565October Term 2019Decided Mar 30, 2020

Docket 18-565October Term 2019 (2019–2020)

CITGO Asphalt Refining Co. v. Frescati Shipping Co.

For this contract language, the berth selector was treated as guaranteeing a safe berth.

Case status

Current stage
Decided
Latest event
Decision released Mar 30, 2020
Case Accepted
Arguments
Decision ReleasedMar 30, 2020
What it's about

After an oil tanker struck a submerged anchor near its New Jersey destination and spilled crude oil into the Delaware River, the ship’s owner and the federal government sought to recover cleanup costs from the companies that selected the tanker’s berth. The case asked how to read the voyage charter’s "safe-berth" clause—whether it made the charterer strictly responsible for choosing a safe berth or only required reasonable care.

Question presented

Whether under federal maritime law a safe berth clause in a voyage charter contract is a guarantee of a ship's safety, as the Third Circuit below and the Second Circuit have held, or a duty of due diligence, as the Fifth Circuit has held.

Case path

United States Court of Appeals for the Third Circuit / Decision released Mar 30, 2020

Area

Decided Supreme Court case

Briefing

What it's about

This case came from an oil spill after the tanker Athos I hit a submerged anchor near its New Jersey berth. The Supreme Court said a safe-berth clause in this voyage charter worked as a guarantee of the ship's safety, not just a promise to use reasonable care.

Vote

The case was argued on Nov. 5, 2019, and decided on March 30, 2020, but the prompt does not provide the vote or opinion lineup.

Impact

The decision affects shipping contracts and who pays when a selected berth turns out to be unsafe. For example, a company that chooses a berth may face major cleanup or damage costs if the contract language guarantees safety.

What's next

The Supreme Court has finished this docket action. Maritime companies and lower courts now must apply this reading of safe-berth clauses in similar disputes and contract drafting.

What was the main fight in CITGO Asphalt Refining Co. v. Frescati Shipping Co.?

The fight was over the meaning of a safe-berth clause in a voyage charter. The Court said it guarantees safety, not just careful effort.

Why does this case matter outside this one oil spill?

It affects shipping companies, charterers, insurers, and ports. Unsafe berth choices can trigger large cleanup and damage costs under similar contract language.

What happens next after the Supreme Court's decision in this case?

The Supreme Court's work on this case is done. Lower courts and maritime businesses must follow this interpretation when resolving disputes and writing contracts.

Decision

Decision record

What the Court decided

For this contract language, the berth selector was treated as guaranteeing a safe berth.

Impact

The decision affects shipping contracts and who pays when a selected berth turns out to be unsafe. For example, a company that chooses a berth may face major cleanup or damage costs if the contract language guarantees safety.

Not official Court text.

Opinion documents