London Arbitration 3/99

Demurrage - Charter for part cargo - Loading laytime calculated on basis of four hatches - Whether charterers entitled to resist demurrage claim on basis that four hatches not always available because of simultaneous loading of another part cargo

The vessel was chartered by F on the Gencon form for the carriage of a part cargo of 10,000 metric tons wire rod in coils. Five days after fixing F’s charter, the owners entered into another Gencon charter with different charterers (’S’) for the carriage of 21,000 metric tons of steel re-bars from the same port. F’s charter provided for laydays/cancelling of 20-25 June. S’s charter provided for laydays/cancelling of 26 June - 6 July. In due course the owners agreed with S that the loading of their cargo might start earlier.