Interlegal experts gained large experience in consulting shipowners upon various issues arising from voyage charter party governed by the English law.
Demurrage disputes between shipowners and charterers under voyage charter party arise quite often. With regards to different loading and discharge ports, cargo type, charter party provisions, each such dispute is usually individual.
Shipowner applied for consulting due to demurrage arisen at the port of discharge. After the vessel arrived at the roadstead and sent a notice of readiness, the charterer was unable to provide berthing for one and a half week due to non-readiness of import cargo documents.
The charterer contested demurrage accrual with reference to exception clause in charter party.
Having analyzed actual circumstances, charter party provisions and charterer’s arguments, Interlegal lawyers provided the necessary advice.
Under the English law general provisions, with reference to such clause charterers shall prove that delay in vessel loading or discharge was caused by a certain circumstance mentioned therein. They shall also prove that such circumstance in fact was out of charterer’s control.
Due to prompt operation, charterer’s arguments were satisfied and shipowner received full demurrage amount.
Interlegal lawyer Ekaterina Gadetskaya and partner Natalya Myroshnychenko led the case.