Archives: Laytime and Demurrage

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The Global Santosh: The Supreme Court provides guidance on a charterer’s responsibility for its agents

NYK Bulkship (Atlantic) NV (Respondent) v Cargill International SA (Appellant) (“The Global Santosh”) [2016] UKSC 20 (overturning the Court of Appeal [2014] EWCA Civ 403) The Supreme Court last week handed down an important decision concerning the issue of when a charterer will be held responsible for its agents under a charterparty. Contractual position NYK … Continue Reading

Court considers the documents required to be supplied in support of a demurrage claim under BPVOY4

Kassiopi Maritime Co Ltd v Fal Shipping Co Ltd [2015] EWHC 318 (Comm) Owners and Charterers had entered into a voyage charter on the BPVOY4 form. The charter contained the following provisions: Clause 19.7.1: demurrage claims to be accompanied by the vessel’s pumping log signed by a senior officer of the vessel and a terminal … Continue Reading

Tribunal rules on incorporation of arbitration agreement into a charterparty and Owners’ entitlement to demurrage

London Arbitration 14/14 The vessel in question was chartered by way of a fixture recap. Owners brought a claim for demurrage against Charterers. Charterers argued that the charter did not contain a valid arbitration agreement/clause, and that although they had agreed to pay freight, they had not agreed to be liable for demurrage. Incorporation of … Continue Reading

Tribunal comments on validity of NOR and whether laytime stopped running during suspension of loading

London Arbitration 4/14. Facts The subject vessel tendered NOR around 75 miles from the loadport of Matadi. At the time she was stated to be “in Matadi Roads”, but was in fact at Banana pilot station rather than Matadi Port Anchorage. She then proceeded to the port of Boma, where she awaited a change of … Continue Reading

Charterers not entitled to rely on “mechanical breakdown” demurrage exception where machinery was damaged by fire

ED&F Man Sugar Ltd v Unicargo Transportgesellschaft GmbH [2013] EWCA Civ 1449. The M/V “LADYTRAMP” was chartered on the Sugar Charter Party 1999 Form. Clause 28 of the charter provided for the following exceptions to laytime: “In the event that whilst at or off the loading place or discharging place the loading and/or discharging of … Continue Reading

BIMCO launches Laytime Definitions for Charter Parties

BIMCO has recently published its Laytime Definitions for Charter Parties 2013. This sets out the meaning and commentary of certain specialist terms such as “reachable on arrival”, “always accessible” and “weather working day”. BIMCO states that the definitions have been developed “to provide practitioners with a set of meanings of commonly-used words and phrases. The … Continue Reading

Tribunal considers the relationship between “always accessible” and “weather working day” provisions

In London Arbitration 5/12, the Tribunal considered the relationship between the requirement that a berth must be “always accessible” and the “weather working day” provision in the laytime clause in the context of determining whether Owners were entitled to damages independent of the laytime regime. The vessel was chartered on an amended Syconamex form. The … Continue Reading