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滞期费(Demurrage):在航次租船合同中,当船舶装货或卸货延期超过装卸货时间时,由租船人向船东所支付的约定款项。 在英国,滞期费被认为是约定性损害赔偿(liquidated damages),而在美国,滞期费被认为是延期运费(extended freight)。 滞期费率通常在租船合同中约定,为每天多少金额。

有些合同规定,超过一定的滞期时间后则必须支付额外滞期费或者船期损失。大部分合同会规定,只要滞期费发生,船舶就处于滞期状态(On demurrage)。一旦船舶处于滞期状态,在计算滞期费时就不再减去周末这样的除外时间,所以有这样的说法:一旦滞期,永远滞期(Once on demurrage,always on demurrage)。

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Harvey Yan

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匿名Posted on9:12 上午 - 4月 1, 2022

Avoiding Demurrage in English law

The purpose of demurrage is to compensate the owner for detaining its vessel beyond the contractually agreed period for loading and discharge, known as “laytime” or “lay days”. A familiar maxim in English maritime law is ‘once on demurrage, always on demurrage’, meaning once the laytime has expired, the vessel is, usually, on demurrage permanently until completion of loading or discharge. It follows that the starting point for a charterer is to try to agree laytime that allows for a margin of delay and anticipates possible causes of delay.

After the laytime has expired and demurrage commences, a charterer can avoid demurrage under English law in one of two ways. Firstly, at the negotiation of the charterparty terms, the parties can expressly agree to exclude demurrage in defined circumstances by inserting an appropriate clause. Secondly, at common law the charterer can avoid demurrage where the owner, or those for whom he is responsible, is at fault for the delay.

This article focuses on avoidance of demurrage by reliance on an exclusion clause. However, with respect to fault-based avoidance, the general rule in English law is that it is implied that a party is not entitled to benefit from its own wrongdoing. It follows that a ship owner cannot seek demurrage for delay to loading or discharge operations for which it is at fault. Determining the presence of fault is fact-sensitive but guidance can be found in a significant body of English case law.


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