24/7

GAFTA Fumigation Rules 132: new grounds for demurrage contestation?

3 октября : ru 26 en 18 октября : ru 3 en 110 октября : ru 2 en 1 всего: 78 02.10.19

Interlegal lawyers defended the Seller’s CIF claim on demurrage recovery arisen at the discharge port.

he Client applied to Interlegal due to the Buyer’s rejection to recognize demurrage partially at the discharge port, since non-recognized time was spent for issuing Gas Free Certificate on the absence of hazardous fumigation evaporations in the vessel holds before commencement of discharging operations. The Seller’s principal argument was that issuing such certificate was not provided by the Contract, nor were provided GAFTA Fumigation Rules 132 incorporated therein.

Based on analysis of the contract provisions, Interlegal lawyers justified lawfulness of the Seller’s claim and absence of its liability for issuing Gas Free Certificate jointly with correlated expenses. The Buyer paid demurrage in full.

Please note that all the contract based on GAFTA proformas from 01.09.2018 incorporate GAFTA Fumigation Rules 132, which prescribe for issuing such certificate but do not govern the issue of such procedure impact on laytime calculation for the parties to commercial deal. We recommend the parties to arrange issuing Gas Free Certificate and its impact on laytime calculation in the process of concluding the contract.

Interlegal junior lawyer Dmytro Reznichenko and lawyer Valeria Ivanova, supervised by senior associate Ekaterina Gadetskaya, led the case.

  • GAFTA Fumigation Rules 132: new grounds for demurrage contestation?2019.10.02

    Interlegal lawyers defended the Seller’s CIF claim on demurrage recovery arisen at the discharge port. he Client applied to Interlegal du...

    show more
  • Interlegal lawyers recovered bunker debt from the Romanian Debtor amounting to 300,000 USD2019.09.26

    The Client, foreign bunkering company, applied to Interlegal for bunker debt recovery from the Romanian company engaged in maritime operatio...

    show more
  • Interlegal closed the deal on vessel purchase at the EU aftermarket2019.09.23

    Interlegal lawyers succeeded in legal support and closing the deal on second-hand vessel purchase (tanker 5,000 DWT) at the EU aftermarket....

    show more
  • Grain price drop: whether the contract was or not?2019.09.18

    The Client, a party to the deal on wheat supply with the large Swiss company, applied to Interlegal. As the Seller, the Client relied on goo...

    show more
  • Interlegal consulted the foreigner upon real estate issues2019.09.16

    Clients often apply to Interlegal concerning investments. Such projects may have different investment objects, investment countries, client’...

    show more
  • Interlegal released cargo retained by customs office2019.09.12

    The Client, foreign trader, applied to Interlegal on cargo retention by customs office grounded on the order of the General Prosecutor’s Off...

    show more
  • Interlegal lawyers returned 80,000 USD under the Charter Party2019.09.12

    The Client and the Shipowner concluded the Charter Party in 2017. Having received by email the Offer, stating that commencement of cooper...

    show more
  • Interlegal defended yacht owner’s interests under the dispute with equipment supplier2019.09.12

    In the framework of Interlegal yachting practice, the Client applied for defense of its interests under the dispute with the Greek manufactu...

    show more
  • Interlegal partners - in TOP - 100 ukrainian best lawyers2019.09.05

    Interlegal has traditionally been highly praised in the study “Client Choice - 100 Best Lawyers of Ukraine”, conducted by the respected publ...

    show more
  • Interlegal succeeded in claims handling upon the remaining cargo return2019.09.02

    The Client, foreign trade, applied to Interlegal for problem settlement due to improper performance of Freight Forwarding Contract. Under t...

    show more