The Eternal Bliss

Demurrage Liquidates All

In the recent English Court of Appeal decision, The Eternal Bliss [2021] EWCA Civ 1712, an important point of law on demurrage was ‘settled’. In overruling the High Court, the Court of Appeal held in no uncertain terms that demurrage ‘liquidates the whole of the damages arising from a charterer’s breach of the charter in failing to complete cargo operations within the laytime and not merely some of them. Accordingly, if a shipowner seeks to recover damages in addition to demurrage arising from delay, it must prove a breach of a separate obligation’. That means demurrage covers any and all of them regardless of the kinds of loss the delay had caused. This webinar will examine:

- The context for the longstanding debate.
- Whether the ruling is justified on principle and commercial realities?
- The lessons or implications for other common law systems?
- The practical implications in drafting demurrage clauses in the future.

Presentation by
Professor Jason Chuah
Professor of Commercial and Maritime Law
The City Law School, City University of London, UK

Moderator
Clive Navin Selvapandian
Partner, Christopher & Lee Ong

Registration Fee
This is a free webinar event.

Time & Date
Tuesday, 15 Feb 2022
5.00PM

Streaming Live in Malaysia
Duration : 1 hour