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ARTICLE · 26 SEPTEMBER 2011

Exclusion Clause Prevails In Demurrage

Barlow Lyde & Gilbert LLP
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The term "strike" contained in an exclusion clause within a berth charterparty extended to include the congestion period which followed the "strike" itself.

United KingdomTransport
Judith Pastrana
Judith Pastrana

The term "strike" contained in an exclusion clause within a berth charterparty extended to include the congestion period which followed the "strike" itself. Carboex SA v Louis Dreyfus Commodities Suisse SA (2011)

These proceedings were an appeal by the charterers against an arbitration award in favour of the owners.

The charterers had unsuccessfully attempted to defeat a demurrage claim which had arisen from a delay in discharge caused by a two-week congestion which followed a strike at the port of El Ferrol, in Spain.

Charterers had attempted to rely on Clause 9 of the amended AmWelsh voyage charterparty which stated: "In case of strikes, lockouts, civil commotions or any other causes ... which prevent or delay the discharging, such time is not to count unless the vessel is already on demurrage."

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