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Demurrage

Laytime

Laytime/Demurrage Interrupted


Law and Sea.
Laytime or demurrage interrupted

Owners’ claim for demurrage is always subject to their compliance with an obligation to do nothing to prevent the vessel being available and at the disposal of the charterers for the purpose of completing the loading or discharging of the cargo.
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Super Holidays
Last updated: 09-Mar-2015

Per Beatson J in Cobelfret Bulk Carriers NV v Swissmarine Services SA (The Lowlands Orchid) [2009] EWHC 2883 (Comm) at paras 38-39:

38. Since the port of Immingham did not work over Super Holidays it also made commercial sense for the parties to agree that time should not count during such a period.

39. Mr Kimmins submitted that the statement by the majority arbitrators in paragraph 16 of their Reasons, that SHINC is not a term which has a specific and independent meaning but rather a shorthand term that is capable of qualification, reflects the nature of fixture recaps as setting out the basics without telling the whole story. That does not sit comfortably with the statement of the majority arbitrators in paragraph 15 that the term "Super Holidays" is a term used "as an exception to the normal meaning of SHINC terms". But, notwithstanding that, their view that there was no "clear and direct" conflict between the use of the term SHINC without qualification in the fixture recap and clause 63 of the pro-forma charterparty was not erroneous.


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