CITGO Asphalt Refining Co. v. Frescati Shipping Co. asks about standards in federal maritime law regarding safe-berth clauses in voyage charter contracts. The respondent argued that safe-berth clauses in these contracts should be construed “as a warranty that the charterer would choose a port that is actually safe, not merely one that the charterer believes to be safe after the exercise of due diligence.” In contrast, the petitioner argued that the safe-berth clauses should be treated as requiring a duty of due diligence rather than an absolute warranty of safety of the ship.
