Mira Oil Resources of Tortola v Bocimar NV (The ‘Obo Venture’) - QBD (Com Ct)(Colman J) - 12 February 1999

Demurrage - Charterparty providing that charterers to be discharged from all liability unless claim presented within 90 days of discharge and supported by signed copy of charterparty - Whether charterparty to be signed by both parties or by owners only - Whether owners’ claim time-barred

On 29 January 1997 the vessel Obo Venture was chartered on the Asbatankvoy form for the carriage of clean petroleum products from ports in Algeria to a range of discharge ports in various countries including Brazil. The charterparty had previously been fixed on the market in the usual way. It had been drawn up by the charterers’ broker who, on 10 February 1997, before the vessel began loading, sent to the owners two originals and one copy charterparty with a request that owners sign and return both originals so that he could arrange for the charterers’ signature. They did not do so.