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ARTICLE · 23 MARCH 2015

Demurrage Time Bar: Crucial To Comply With Documentary Requirements

Ince & Co
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In this case, the vessel Owners failed to provide the Charterers with all documents in support of their demurrage claim within the 90-day time period provided under the charterparty.

United KingdomTransport
Jonathan Elvey
Jonathan Elvey
Despina Plomaritou
Despina Plomaritou

Kassiopi Maritime Co v. Fal Shipping Co Ltd (M/T Adventure) [2015] EWHC 318 (Comm)

In this case, the vessel Owners failed to provide the Charterers with all documents in support of their demurrage claim within the 90-day time period provided under the charterparty. Their claim was dismissed and they were time-barred from recovering demurrage from the Charterers.

The background facts

The vessel was chartered under a voyage charterparty on an amended BPVoy4 form dated 15 June 2011. The Owners brought a substantial claim for demurrage as a result of delays at the load port of Sitra, Bahrain, and the discharge port, Port Sudan. A formal demurrage claim was submitted to the Charterers by email on 5 August 2011. The email attached a number of documents.

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