"Amalie Essberger" Tankreederei GmbH & Co KG v Marubeni Corporation [2019]

"Amalie Essberger" Tankreederei GmbH & Co KG v Marubeni Corporation [2019] EWHC 3402 — 11 December 2019 (Peter MacDonald Eggers QC)

“An amended Asbatankvoy C/P Clause specified that any claim for demurrage would be waived unless received by Charterers in writing with all supporting documents within 90 days of completion of discharge. The Clause identified supporting documents as: (a) Time logs, (b) NORs, (c) Pumping Logs and (d) Letters of Protests. Whilst (a) and (b) accompanied the (timely) claim, (c) and (d) did not, as already provided (as required by another clause) at an earlier stage. The Court held that the Clause did not contain any express requirement that supporting documents all had to be provided at the same time — or together with the claim. Furthermore, as (c) and (d) were identified by the Clause as supporting documents, Charterers should have been alerted to their status upon first receipt, such that Owners were not obliged to re-submit them. Charterers' application for summary judgment based on a time-bar defence was therefore dismissed.”

Antonino Cordopatri
E. G. Arghyrakis & Co.
08th January 2020