Carboex SA v Louis Dreyfus Commodities Suisse SA - Court of Appeal (Lord Neuberger of Abbotsbury MR, Moore-Bick and Toulson LJJ) - 9 June 2012
Demurrage â Strike â Berth charter â Exception clause providing that time not to count if discharge delayed by strike â Vessel delayed in getting into berth due to congestion caused by effects of strike â Strike ending before vessel berthed and not directly affecting discharge â Whether delay counted as laytime
Four vessels were chartered, each under a contract of affreightment (“COA”) on the AmWelsh voyage charterparty form as amended, for the carriage of coal from Indonesia to Puerto de Ferrol in Spain. Standard clause 9 of the AmWelsh form, as amended, provided:
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