Global Container Lines, Ltd. v. The Rice Co. (The “Berrak N.”) – SMA No. 3850, 23 Jun 2004

NORGRAIN 89 -- CHARTER PARTY -- GOVERNMENT CURFEW -- CARGO -- DEMURRAGE -- BERTH -- DISPORT -- Owner Award The Charter Party specifically stated that if cargo cannot be discharged because of "Civil Commotions," then there cannot be any demurrage claim for lost time. But, when the Vessel berthed at disport and a national curfew was in place, the Owner filed for demurrage regardless arguing that the curfew did not prevent the cargo from being discharged, but instead the subsequent lack of trucks leaving the port was the root cause of detainment.