9/91

Demurrage - Deballasting

A third issue arising under London Arbitration 7/91 (see L.M.L.N. 303) was whether the owners’ demurrage claim should be reduced in respect of a period of 3 hours deballasting at the loading port. Again, the charterers sought to rely on clause 46, emphasising that the ship was bound to arrive in ballast, so that the need to deballast her was a cause beyond the control of either party. They said it was a self-evident fact that loading was delayed whilst deballasting was carried out. Alternatively, they suggested that they should not be liable for the time spent deballasting because during it the ship was not available to them for loading. It was also the case that if the ship had gone straight to her berth, she could not have given a valid notice of readiness until she had completed deballasting.