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Law of Demurrage, The

Law of Demurrage, The
5th Edition
Series:  British Shipping Laws
Practice Area:  Shipping
ISBN:  9781847031365
Published by:  Sweet & Maxwell
Publication Date:  24 Oct 2013
Subscription Information:  Non-Subscribable Product
Format:  Hardback
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The Law of Demurrage examines this area of commercial and shipping law in various key perspectives include the charterer’s duties and considerations, the nature of lay time, its calculation, legal/contractual issues, as well as demurrage, damages for detention and claims. You’ll find The Law of Demurrage will help you draft contracts as well as understand the issues involved and when claims need to be made.

The new 5th edition:

  • Presents a thorough and up-to-date treatment of all aspects of demurrage
  • Examines both the legal and commercial aspects of the subject, explaining what actually happens in port during laytime and how demurrage can arise, alongside detailed examination of legal principles and the contractual and liability issues involved
  • Provides not only a UK common law perspective but also covers civil law principles, together with examination of case law from Scandinavia, China, Japan and other key maritime jurisdictions
  • Analyses the legal principles underlying laytime and demurrage
  • Examines the commercial and economic aspects of the subject so practitioners that issues affecting contracts and disputes clear
  • Explains what time risks can arise in port, how to minimise them and who is liable for losses owing to time loss
  • Considers contractual issues in depth
  • Deals with damages for detention, claims, and liabilities for demurrage
  • Assesses the impact of important case law, such as The Happy Day, The Nikmary, The Mass Glory and The Stolt Spur
  • Covers arbitration in demurrage disputes
  • Contains a chart explaining alternative words and phrases used in the field, helping reduce misunderstanding in this multi-jurisdictional area


Part One
General Background

1. The Charterer’s Duties
2. The Charterer’s Options
3. Foreseeability
4. Influence of Customs
5. Applicable Law

Part Two
Lay Time

6. The Lay Time Obligation
7. Beginning of the Lay Time
8. Calculation of the Lay Time
9. Excuses
10. despatch Calculation
11. End of the Charterer’s Liability

Part Three
Demurrage and Damages for Detention

12. Demurrage
13. Damages for detention
14. The Claim for Demurrage
15. Demurrage in a Contract of Sale

Appendix: A chart explaining similar/alternative phrases used in this field.


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