592. Tricon Energy Ltd v MTM Trading (the “MTM Hong Kong”) [2020] EWHC 700 (Comm)

Clause 38 Asbatankvoy form – demurrage claim – “all supporting documents” to include bills of lading 

The facts

The vessel was let on an amended Asbatankvoy form.

Clause 38 read in part: “… Any claim/invoice which Owner may have under this Charter Party shall be waived and absolutely barred, if claim/invoice and all supporting documents are not received Charterer before time bar”.

Where parcels were discharged at the same port, laytime was to be apportioned  according to bill of lading quantities.

Two different parcels were discharged at Houston requiring an apportionment of laytime pursuant to the respective bill of lading quantities.

Owners failed to supply both relevant bills, relying instead on a statement of facts from the Master.

Findings

A panel of arbitrators found for the owners.

Popplewell J gave leave to appeal on the question whether the bills fell under the requirement of “all supporting documents” even though one of bills involved a third party.

Sir Robin Knowles J set aside the award on the basis that the bills did fall within in the definition. The quantities were the important component. Other sensitive information could have been redacted. 

He referred to a number of authorities including the Oltenia, a leading judgment by Bingham J. 

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