Euronav NV v Repsol Trading SA (mt MARIA) [2021] EWHC 2565 (Comm) (24 September 2021)
The date of completion of discharge for the purposes of clause 15(3) is determined by local time at the place of discharge (Pacific Standard Time). The demurrage claim was notified out of time and is therefore barred.
- Citation
- [2021] EWHC 2565 (Comm)
- Parties
- Claimant/owners: Euronav N. V.; Defendant/charterers: Repsol Trading S. A.
- Jurisdiction
- England and Wales
- Judgment Date
- 24 September 2021
- Procedural Posture
- Commercial Court Summary Judgment Application / Judgment on Summary Judgment and Strike Out Applications
- Outcome
- Claim dismissed as time-barred
- Legal Topics
- Demurrage, Time Bar Clauses, Contractual Interpretation, Voyage Charterparty, Notification Periods
Case Brief
Summary, issues, holding and outcome
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Parties
Euronav N. V.
Claimant/owners
Repsol Trading S. A.
Defendant/charterers
Procedural Posture
Commercial Court Summary Judgment Application / Judgment on Summary Judgment and Strike Out Applications
Legal Issues
- 1 Which time zone determines the date of completion of discharge for the purposes of clause 15(3) of Shellvoy 6 form?
- 2 Is the demurrage claim time-barred under the charterparty?
- 3 Should the notification period be computed using local time at the place of discharge or another time zone?
Ratio Decidendi
The date of completion of discharge for the purposes of clause 15(3) is determined by local time at the place of discharge (Pacific Standard Time). The demurrage claim was notified out of time and is therefore barred.
Court Disposition
Claim dismissed as time-barred
Orders
- Judgment entered against Owners on their claim for demurrage
Full Case Text
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