ABSTRACT

This chapter considers the treatment of delay and demurrage under tanker charters, focusing on the ASBATANKVOY form. With ASBATANKVOY the four stages of a voyage charter can be expanded to: delays prior to the vessel becoming an arrived ship while waiting to berth at an anchorage outside the legal and commercial limits of the port; delays in berthing following the vessel becoming an 'arrived ship'; shifting from the waiting anchorage to berth; and delays while at berth. The tribunal held that the second sentence of the clause was intended as a list of what were to be regarded as the documents supporting a claim for demurrage which were to be presented within 60 days. Charterers will also seek to include two other clauses which affect delay and demurrage and which appear in all the standard forms of the oil majors: the pumping warranty; and the demurrage time bar.