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Outlining a recent court decision which is yet another reminder that time bar clauses in charterparties must be complied with in all details – even where an Owner may rightly consider the clause’s requirement. Claims involving demurrage may run into considerable amounts of money and, although the preparation and presentation of a demurrage claim may seem to be a fairly routine clerical task, experience shows that time bar clauses continue to cause problems for owners. Some might argue that a fairly large number of court decisions and arbitration awards have shown that time bar clauses and their requirements are to be strictly complied with, but cases nevertheless continue to appear. Demurrage time bar clauses appear both in preprinted C/P forms (such as Shellvoy 5 and Beepeevoy 3) and can also be found in specific rider clauses. (Sometimes a time bar clause will even be found “hidden” within the text of a more general time bar clause covering more than just demurrage.) A recent London court decision concerning the “SABREWING” concerned clause 16 in the Beepeevoy 3 form. This clause requires owners to maintain a certain average discharge pressure and, if the receiving terminal facilities are unable to accept discharge within the agreed time or at the agreed discharge pressure, the vessel must present the receiving terminal with a note of protest etc. The clause specifically stipulates that “charterers will not consider any claim by owners for additional time used in the foregoing circumstances in the absence of the provision by owners” of certain documentation which is listed as hourly pumping log (required to be signed by responsible officer of the vessel and a terminal or charterers’ representative), copies of all Notes of Protest and copies of any other documentation generated by the vessel or by the shore receiving terminal relevant to the discharge. The Beepeevoy 3 form also includes in its clause 23 a provision that charterers are to be discharged and released
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pi_circular Skuld ·2008-03-17

Time bar clauses – demurrage

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