Laytime and Demurrage Clauses in Contracts of Sale – A Survey of the New York Society of Maritime Arbitrators' Awards (1978-2008) and English Case Law
THE EVOLVING LAW AND PRACTICE OF VOYAGE CHARTERPARTIES, D.R. Thomas, ed., Chapter 9, Informa, 2009
29 Pages Posted: 5 Nov 2009
Date Written: 2009
Abstract
Laytime and demurrage clauses are commonplace in shipping contracts. However, how should they be construed and enforced as between a buyer and seller of goods (as opposed to between a carrier and cargo interest) when they are referred to or incorporated in a sale of goods contract? This article examines the arbitral practice and approach in New York and compares it to English judicial practice and precedent, highlighting in particular the legal and commercial context in both jurisdictions.
Keywords: shipping, charterparties, international sale, demurrage, laytime
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