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 – Strike – Berth charter – Exception clause providing that time not to count if discharge delayed by strike – Vessel delayed in getting into berth due to congestion caused by effects of strike – Strike ending before vessel berthed and not directly affecting discharge – 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: