Tricon Energy Ltd v. MTM Trading LLC (The “MTM Hong Kong”) – QBD (Comm Ct), 23 March 2020
DEMURRAGE – TIME BAR – FAILURE TO PROVIDE ALL SUPPORTING DOCUMENTS WITHIN 90 DAYS OF DISCHARGE – AMENDED ASBATANKVOY
Tricon Energy contracted the “MTM HONG KONG” under an amended ASBATANKVOY charter to deliver cargo from Antwerp, Belgium, to Houston, Texas. As a result of delays at the load and discharge ports, the owners, MTM Trading, filed a $56K claim for demurrage. Charterer claimed the owner had failed to provide all documentation within the 90-day period, specifically the bills of lading, so the claim was time-barred. The owner took the case to arbitration, and the claim was upheld. Charterer appealed to the High Court.
