pi_circular Insurance & claims Skuld
English law has traditionally had a strict approach to contractually agreed time bars between commercial parties as well as applying stringently the stated requirements for the bringing of claims by one party against another. A particular area where this approach is seen most often, is in relation to provisions for demurrage claims in charterparties. It is not unusual, especially in the tanker trade, to see short time bars of 90 days, plus detailed lists of necessary documentation that must accompany the filing of a claim. Where these are not complied with in an exacting manner, it can often lead to the claim failing. Recent English case law reaffirms this orthodox position. Members that contract on the basis of terms including laytime and demurrage provisions (i.e.: voyage charter or similar terms) should pay careful attention to said provisions and ensure that the full requirements are understood in advance or risk serious disappointment later on. ~~~~~~~~~~~~~~ In the recent case of the M/V " Adventure " [2015] EWHC 318 (Comm), Mr Justice Hamblen interpreted an amended BPVoy4 charter party and applied a 90 days timebar provision for owners' demurrage claim. The case was an appeal to the High Court of England from owners, of an arbitration award from Mr. Simon Gault and Mr John Schofield. The arbitration tribunal had held that owners' demurrage claim failed since owners had not fulfilled the documentary requirements under the CP, and that the claim was consequently timebarred. Mr Justice Hamblen upheld the tribunal's award and dismissed the appeal. The relevant CP clause reads: 19.7 No claim by Owners in respect of additional time used in the cargo operations carried out under this Clause 19 shall be considered by Charterers unless it is accompanied by the following supporting documentation:- 19.7.1 the Vessel's Pumping Log signed by a senior officer of the Vessel and a Terminal representative showing at hourly intervals the pressure maintained at the Vessel's man
Timebar for demurrage claims
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