Owners’ Demurrage Claim Succeeds Where Charterers Fail To Bring Themselves Within A Force Majeure Clause

A vessel was chartered for one voyage from “1-2 load berth chop always afloat Santander” to a port in the UK. Charterers ordered the vessel to load bulk bauxite at a berth adjacent to one where cars were waiting to be loaded. Although all reasonable preventative measures were taken, the loading of bauxite caused dust. When the wind direction changed, the dust was blown over the cars at the adjacent berth. To prevent the dust from getting on and inside the cars, the port authority ordered the loading of the bauxite cargo to be suspended.

Owners claimed demurrage for the resulting delay. Charterers argued that they were entitled to rely on the force majeure clause in the charterparty. The Tribunal held that Charterers had failed to bring themselves within the force majeure clause, and so Owners' demurrage claim succeeded.