National Shipping Co. of Saudi Arabia v. BP Oil Supply Co. (The “Abqaiq”) – Court of Appeal, 12 Oct 2011

BPVOY4 -- DEMURRAGE -- TIME-BAR -- DOCUMENTS SUBMITTED TIMELY BUT CLAIM MISLABELED AS DEVIATION -- COST OF BUNKERS FOR CALLING SAME BERTH TWICE -- Partial Owner Award This award is Owner’s appeal of the Commercial Court’s 22 Nov 10 decision. When Vessel was required by Charterer to attend to the same load berth twice, Owner invoiced the time and bunkers consumed for the second call as a deviation claim. In addition, demurrage was claimed by Owner for excess time used at the discharge port. Charterer agreed to and paid a "final agreed demurrage invoice" which covered demurrage and then claimed that the load port expenses should have been submitted as demurrage. Owner subsequently altered the load port claim such that it was for demurrage with Charterer subsequently denying it twofold; firstly, demurrage had already been settled in full and secondly, the claim for demurrage at the load port was now time-barred.