London Arbitration 15/21

Owners’ demurrage claim was based on time running from the first NOR, which was tendered at Southwest Pass when congestion prevented berthing at UBT Davant. The C/P Recap provided that a valid NOR could be given “at or off the port…WWWW” (whether or not at berth, in port, customs cleared or free pratique). However, the Recap also incorporated the UBT (United Bulk Terminal) rules. Charterers relied on the latter, which set out preconditions for a valid NOR including that vessel was at “berth or closest available anchorage”.  The Tribunal held that the conflicting terms in the incorporated document (UBT rules) gave way to those in the primary agreement (Recap) and that the Southwest Pass was the nearest anchorage for waiting and vessel was “off the port”. Consequently, the first NOR was valid and Owners’ demurrage claim successful.