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Lloyd's Maritime Law Newsletter

London Arbitration 21/19

Demurrage –Vessel ordered to leave loading terminal – Imminent approach of tropical storm – Whether time continued to count – Whether owners entitled to demurrage – Whether charterers entitled to rely on “bad weather” and/or “other reasons not attributable to charterers” exceptions – Whether charterers entitled to rely on “Force Majeure” – Whether charterers under duty to minimise effects of tropical storm on vessel

The dispute between the parties arose out of a Contract of Affreightment dated 31 July (the COA). The claimant owners claimed demurrage in the sum of US$330,494.99 from the respondent charterers. The subject vessel was due to load a cargo of 60,000 mt of coal at a terminal on the Mississippi for shipment to Mexico.

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