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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

U. of Westminster School of Law Research Paper No. 10-11

30 Pages Posted: 23 Mar 2010

See all articles by Jason Chuah

Jason Chuah

City University London, The City Law School

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

Suggested Citation

Chuah, Jason, 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 (2009). THE EVOLVING LAW AND PRACTICE OF VOYAGE CHARTERPARTIES, D.R. Thomas, ed., Chapter 9, Informa, 2009, U. of Westminster School of Law Research Paper No. 10-11, Available at SSRN: https://ssrn.com/abstract=1574866

Jason Chuah (Contact Author)

City University London, The City Law School ( email )

London, EC1V OHB
United Kingdom

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