327. Babanaft International Co. SA v Avant Petroleum Inc. (the “Oltenia”) [1982] 1 Lloyd’s rep 448

Asbatankvoy time-bar clause-not to be applied with “pedantic literalness”

 

The facts

The vessel was chartered to carry gasoil from one safe port on the Black Sea to one or two safe ports in the European Mediterranean. Clause M.2. read: “Charterers shall be discharged and released from all liability in respect of any claims owners may have under this Charter Party (such as, but not limited to, claims for deadfreight, demurrage, shifting expenses or port expenses) unless a claim has been presented to charterers in writing with all available supporting documents within 90 days from completion of discharge of a cargo concerned under this charter party.”

 

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