Demurrage Research

Demurrage dispute is one of the most frequent occurrences in the voyage charterparty. This text refers several important aspects such as the demurrage concept, characteristic, calculation, claim and time bar etc involved in the demurrage disputes. Combining the latest judicial precedent, the text thoroughly elaborates the related law problems about demurrage in the voyage charterparty.In addition to the foreword and conclusion, this paper is divided into four chapters.Chapter 1: The demurrage actually means a kind of liquidated damages paid by the charterer to charter for the vessel's delay caused by the charterer who can not complete cargo loading and discharging within laytime, but damages for detention is a kind of unliquidated damages. Usually the damages for detention is higher than the demurrage.Demurrage is not the penalty, not because of its non-punitive, but demurrage claim needs of actual losses, although without proof.Chapter 2: The demurrage always relates to laytime closely, involve to the laytime's beginning, intermitting, exception. In the mean time, the notice of readiness(N/R) delivered in advance can not start laytime counting; laytime starts counting when the loading actually begins without N/R. Joint inspection doesn't effect N/R's delivering.The emergence of the bill of lading, make the demurrage problem more complicated, the demurrage responsibility person is uncertain, the charterer isn't the only responsibility person, under the situation that V/C is merged into bill of lading, every party under bill of lading should be probably responsible for to the demurrage , including consignor, bill of lading holder perhaps consignee.Chapter 3: Based on the charterpraty, the charterer should be responsible for the demurrage occurred both in the loading port an in the discharging port. With the emerging of the B/L, it becomes more complicated. The shipper, B/L bearer, Consignee may also be responsible for the demurrage. The lien is the important way on which that the charter can rely on to claim. Refer to the unreasonable provisions (ART87 CMC), I proposed it should be revised.Chapter 4: The charter should pay attention to the time bar, avoiding involving in a huge trouble because of missing time bar on negligence. The text finally put forward some suggestions to our country's demurrage system, hopes to help the demurrage research.