"Amalie Essberger" Tankreederei GmbH & Co KG v Marubeni Corporation

"Amalie Essberger" Tankreederei GmbH & Co KG v Marubeni Corporation

The demurrage claim was not time-barred because the required supporting documents had already been provided to the Charterers within the contractual period, and the contract did not require simultaneous submission with the claim.

Parties
Claimant: Amalie Essberger Tankreederei GmbH & Co KG; Defendant: Marubeni Corporation
Jurisdiction
England and Wales
Judgment Date
11 December 2019
Procedural Posture
Commercial Claim / Summary Judgment Application
Outcome
Application for summary judgment dismissed
Legal Topics
Demurrage, Charterparty Interpretation, Time Bar Clauses, Summary Judgment
Maritime Law Contract Law Demurrage Charterparty Interpretation Time Bar Clauses Summary Judgment

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Parties

Amalie Essberger Tankreederei GmbH & Co KG

Claimant

Marubeni Corporation

Defendant

Procedural Posture

Commercial Claim / Summary Judgment Application

Legal Issues

  1. 1 Whether the demurrage claim was time-barred under Rider Clause 5 of the Charterparty
  2. 2 Whether supporting documents must accompany the demurrage claim or may be submitted earlier
  3. 3 Whether supporting documents already in the Charterers’ possession satisfy the contractual requirement

Ratio Decidendi

The demurrage claim was not time-barred because the required supporting documents had already been provided to the Charterers within the contractual period, and the contract did not require simultaneous submission with the claim.

Court Disposition

Application for summary judgment dismissed

Orders

  • Charterers’ application for summary judgment is dismissed