AET Inc. Ltd. v. Arcadia Petroleum Ltd. (The “Eagle Valencia”) – Court of Appeal, 23 Jun 2010

SHELLVOY 5 -- NOTICE OF READINESS -- FAILURE TO OBTAIN FREE PRATIQUE WITHIN 6 HOURS -- TIME-BAR -- Charterer Award In overturning the High Court judgment, the Court of Appeal ruled that the Vessel’s original NOR was invalid since free pratique was not granted within 6 hours as stipulated in the amended Shellvoy 5. The Vessel’s subsequent NOR tendered via email (after receipt of free pratique) was deemed valid, however, Owner’s alternative demurrage was barred since the valid NOR document, considered "an essential document of every demurrage claim", was not submitted timely with the claim.