London Arbitration 20/18

Demurrage – Substitute charterparty concluded following repudiation of original charter for non-payment of freight – Delay in payment of freight and demurrage – Delay at discharge port – Owners making demurrage claims under original and substitute charterparties – Whether owners entitled to rely on provision entitling them to delay discharge until receipt of freight – Whether owners wrongfully exercised lien – Whether period of delay counted as time on demurrage

On 29 August the claimant disponent owners (owners) chartered the subject vessel to X on an amended Gencon 94 form (the original charter) for a voyage from Varna in Bulgaria to Izmir in Turkey with a cargo of straw in bales. The load and discharge ports were described in the fixture recap as “Good Safe Ports”, and the berth as “Always Accessible where the vessel might lie Always Afloat” (GSP AAAA BENDS). The original charter was evidenced by a fixture recap.