348. ED&F Man Sugar Limited v Belmont Shipping Limited (the “Amplify”) [2011] EWHC 2992 (Comm)

Demurrage – arbitrators’ omission to alert party to a legal point not an irregularity

The facts

The vessel was chartered for a single voyage from Santos, Brazil to Paradip and Haldia, India on an amended Sugar Charter Party 1999 form.

The vessel arrived at Santos, the load port when notice of readiness was tendered immediately.  The holds were not fit for cargo and the vessel was only approved ready to load 4 days after arrival.  Loading only commenced 15 days later, presumably due to congestion. No 2nd NOR was tendered.

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