London Arbitration 20/97

Charterparty - Owners’ claim for demurrage - Whether charterers entitled to damages in amount of demurrage claimed by reason of owners’ breach of charter in failing to give eta’s

The vessel was chartered on the Asbatankvoy form. The owners claimed demurrage. The charterers counterclaimed that the owners were in breach of charter in that they failed to give eta’s as required by the charter. The charterers said that in consequence the receivers failed to make berthing arrangements for the ship and the ship was delayed, thereby triggering the demurrage liability sought to be enforced by the owners. The charterers counterclaimed damages in the amount of demurrage now claimed by the owners.