Niver Lines v. C. M. McLean Ltd. (The Paros) - 1982 SMA Award No. 1669 (Vol. 1 page 75)

New York Arbitration - Demurrage - When waiting time counts

The charterparty was on an amended Gencon form. The question for consideration was whether time lost waiting for a berth accrued as it occurred or should be added at the end of loading. In The Massalia [1960] 2 Lloyd’s Rep. 352, Diplock J. had held that the total time lost should be added at the end. In The Loucas N [1970] 2 Lloyd’s Rep. 482, Donaldson J. preferred the opposite view. The New York arbitration panel held that waiting time should be counted chronologically in computing laytime and demurrage. The Loucas N decision was considered to be the better authority and its reasoning was applicable to the present issue.