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Lloyd's Maritime Law Newsletter

London Arbitration 14/96

Voyage charterparty - Delays incurred at loading port as a result of difficulties in loading cargo - Whether delays attributable to breaches of charter by owner

The vessel was chartered on the Gencon form for the carriage of a part cargo of 10,000 metric tons of “12M DEBAR IN BUNDLES OF ABOUT 2.5 MTS”. The owners claimed demurrage. The charterers contended that the delay at the loading port which gave rise to the demurrage claim was caused by the owners’ breaches of contract. The charterers argued that the difficulties at the loading port arose due (1) to the fact that the Master had not prepared an adequate stowage plan, and (2) to various characteristics of the ship which were said to constitute breaches of charter by the owners.

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