May, 2020 - Supporting Documents and Time Bars: “The MTM Hong Kong”

  • Date: 27/05/2020
May, 2020 - Supporting Documents and Time Bars: “The MTM Hong Kong”

In Tricon Energy Ltd v. MTM Trading LLC (“MTM Hong Kong”) [2020] EWHC 700 (Comm), the High Court (Robin Knowles J) held that the owners were required to submit bills of lading in support of a demurrage claim for a part cargo to prevent the claim from being time-barred.

The charterers chartered the ship to carry a part cargovfrom Antwerp to Houston. The charter was on an amended Asbatankvoy form and clause 10 of the charter stated:

(e) If load or discharge is done simultaneously with other parcels then laytime to be applied prorate between the parcels.

(g) In the event of Vessel being delayed in berthing and the Vessel has to load and / or discharge at the port(s) for the account of others, then such delay and / or waiting time and / or demurrage, if incurred, to be prorated according to the Bill of Lading quantities.”

The charter also included a time-bar clause which provided that the charterer would be discharged and released from all liability “unless a claim / invoice in writing and all supporting documents have been received by Charterer within 90 days after completion of discharge of the cargo covered by this Charter Party or after other termination of the voyage, whichever occurs first.”

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