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#45 Be careful what you word for
This week Luke and Calum discuss demurrage claims and time bars in a recent SMA case Stolt Tankers BV v. Stryker Fuels LLC (MT “MONAX”) – SMA No. 4449, 4 August 2022.
How many times are we going to say that the specific words chosen in a contractual clause are important?!
Yet another example - where the words used may not align with original intentions.
"covered by this Charterparty" - what does that mean?
Does it mean the total cargo referred to in the charter or does it mean each parcel of cargo referred to in the charter?
Subtle difference perhaps but big consequences in how this time bar worked.
Also, is there room for equitable considerations in whether a time bar clause should be enforced strictly? Calum and Luke address this at the end of the show.
For more, check out our YouTube channel.
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By Floyd Zadkovich
5
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This week Luke and Calum discuss demurrage claims and time bars in a recent SMA case Stolt Tankers BV v. Stryker Fuels LLC (MT “MONAX”) – SMA No. 4449, 4 August 2022.
How many times are we going to say that the specific words chosen in a contractual clause are important?!
Yet another example - where the words used may not align with original intentions.
"covered by this Charterparty" - what does that mean?
Does it mean the total cargo referred to in the charter or does it mean each parcel of cargo referred to in the charter?
Subtle difference perhaps but big consequences in how this time bar worked.
Also, is there room for equitable considerations in whether a time bar clause should be enforced strictly? Calum and Luke address this at the end of the show.
For more, check out our YouTube channel.