continuation .........
3. Can a demurrage claim be time barred if one document out of a full set is not sent?
The answer to this is both yes and no. It all depends on the wording of the relevant clause in the CP, and to what extent the claim is modified.
4. Do cargo claims have a time bar for submission?
Yes, time bar for cargo claims are governed by the relevant regime. Per the Hague/ Hague-Visby Rules, a cargo claim can be brought forth any time within one year of the delivery of the cargo.Per the Rotterdam Rules /Hamburg Rules, the time allowed to institute proceedings in respect of a cargo claim is two years from the date of delivery. Hence, it is beneficial to be aware of the regime in place for that particular contract.
In the interest of maintaining certainty in international trade, such time bar periods are strictly enforced by the Courts, and even a small mistake may debar the cargo owners from successfully filing a claim. For example, in The Antares, the cargo owners (Kenya Railways) filed a suit of arbitration against MSC (the "carrier") on Jan 31,1985 ( the statutory one year period being lapsing on Feb 17, 1985). After MSC informed Kenya Railways that they were not the Owners, Kenya Railways attempted to direct the suite of arbitration again the real owners, failing which an attempt was made to extend the time frame for filing such a claim. However, the court was of the view that such time bar periods were sacrosanct and necessary to keep a level of certainty in international trade.
Finally, we come upon the discussion of time bar clauses in Dry cargo Charter Parties. One of the most common used CP forms is GENCON. Under the relevant clause, demurrage is due payable on a per day basis, with Charterers' having a 96 hour grace period in case of non-payment."NIPPONCOAL" Charter Party leaves it upon the parties concerned to decide on the date and place for settling all demurrage and despatch. Thus, we can see that the demurrage regime in Dry CPs is quite strict as compared to the Wet CPs.
However, it is important to note here that the above does not affect the time bar regimes for the cargo claims.
Abbreviations used:
-------------------
CP - Charter Party
GENCON - The Baltic and International Maritime Council Uniform General Charter
NIPPONCOAL - Coal Charter Party
Disclaimer: The above article are views expressed by the author. Please consult expert opinion prior using same. Any unintentional breach of copyright is totally unintended. Please highlight same, if any, so that necessary corrective action may be promptly taken. Any cases or Charter Parties referred to above are purely for academic discussion only.
3. Can a demurrage claim be time barred if one document out of a full set is not sent?
The answer to this is both yes and no. It all depends on the wording of the relevant clause in the CP, and to what extent the claim is modified.
4. Do cargo claims have a time bar for submission?
Yes, time bar for cargo claims are governed by the relevant regime. Per the Hague/ Hague-Visby Rules, a cargo claim can be brought forth any time within one year of the delivery of the cargo.Per the Rotterdam Rules /Hamburg Rules, the time allowed to institute proceedings in respect of a cargo claim is two years from the date of delivery. Hence, it is beneficial to be aware of the regime in place for that particular contract.
In the interest of maintaining certainty in international trade, such time bar periods are strictly enforced by the Courts, and even a small mistake may debar the cargo owners from successfully filing a claim. For example, in The Antares, the cargo owners (Kenya Railways) filed a suit of arbitration against MSC (the "carrier") on Jan 31,1985 ( the statutory one year period being lapsing on Feb 17, 1985). After MSC informed Kenya Railways that they were not the Owners, Kenya Railways attempted to direct the suite of arbitration again the real owners, failing which an attempt was made to extend the time frame for filing such a claim. However, the court was of the view that such time bar periods were sacrosanct and necessary to keep a level of certainty in international trade.
Finally, we come upon the discussion of time bar clauses in Dry cargo Charter Parties. One of the most common used CP forms is GENCON. Under the relevant clause, demurrage is due payable on a per day basis, with Charterers' having a 96 hour grace period in case of non-payment."NIPPONCOAL" Charter Party leaves it upon the parties concerned to decide on the date and place for settling all demurrage and despatch. Thus, we can see that the demurrage regime in Dry CPs is quite strict as compared to the Wet CPs.
However, it is important to note here that the above does not affect the time bar regimes for the cargo claims.
Abbreviations used:
-------------------
CP - Charter Party
GENCON - The Baltic and International Maritime Council Uniform General Charter
NIPPONCOAL - Coal Charter Party
Disclaimer: The above article are views expressed by the author. Please consult expert opinion prior using same. Any unintentional breach of copyright is totally unintended. Please highlight same, if any, so that necessary corrective action may be promptly taken. Any cases or Charter Parties referred to above are purely for academic discussion only.
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