Gard Shipping AS v Clearlake Shipping PTE Ltd [2017] EWHC 1091 (Comm) (12 May 2017)

Gard Shipping AS v Clearlake Shipping PTE Ltd [2017] EWHC 1091 (Comm) (12 May 2017)

The Charterparty's AC 11 and Clause 22 escalation provisions for demurrage and bunkers only apply where Charterers give an order to stop and wait for orders prior to NOR; once NOR is tendered at the discharge port, the ordinary laytime/demurrage regime applies. No implied term for escalated demurrage arises as the contract is coherent without it and such implication would contradict the express allocation of risk.

Citation
[2017] EWHC 1091 (Comm)
Parties
Claimant (owners): Gard Shipping AS; Defendant (charterers): Clearlake Shipping Pte Ltd
Jurisdiction
England and Wales
Judgment Date
12 May 2017
Procedural Posture
Commercial Court Charterparty Dispute / Judgment After Trial
Outcome
Claim dismissed
Legal Topics
Charterparty Construction, Demurrage, Implied Terms, Voyage Charter, Floating Storage, Laytime
Commercial Law Maritime Law Charterparty Construction Demurrage Implied Terms Voyage Charter Floating Storage Laytime

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Parties

Gard Shipping AS

Claimant (owners)

Clearlake Shipping Pte Ltd

Defendant (charterers)

Procedural Posture

Commercial Court Charterparty Dispute / Judgment After Trial

Legal Issues

  1. 1 Whether Owners are entitled to escalated demurrage and bunker costs for waiting time at Rotterdam under the Charterparty terms or by implication
  2. 2 Proper construction of AC 11 and Clause 22 of the Charterparty
  3. 3 Existence and necessity of an implied term for escalated demurrage after NOR tendered

Ratio Decidendi

The Charterparty's AC 11 and Clause 22 escalation provisions for demurrage and bunkers only apply where Charterers give an order to stop and wait for orders prior to NOR; once NOR is tendered at the discharge port, the ordinary laytime/demurrage regime applies. No implied term for escalated demurrage arises as the contract is coherent without it and such implication would contradict the express allocation of risk.

Court Disposition

Claim dismissed

Orders

  • No further sums are owing to Owners for demurrage or bunkers beyond what has been paid at the ordinary rate.