London Arbitration 31/22

Charterers instructed Owners to not “allow sampling and discharge” as receivers had not paid. Owners claimed damages for the detention and relied on a provision in the Recap allowing time lost to be reimbursed as damages. Charterers disagreed and argued demurrage was only remedy for failing to complete discharge within time. The Tribunal agreed; the Recap also contained an express term stating “CARGO ANALYSES…IMPORT AND/OR EXPORT FORMALITIES” to count as laytime. This included “cargo sampling” and Charterers’ delayed authorisation. Owners claim for damages failed, but they were entitled to demurrage with laytime running as stipulated in the Recap.