Time Bars Through Time

Common within the maritime industry is the inclusion of a time bar clause within the contract; be it a charter or sales contract. The time-bar clause as it relates to demurrage requires timely receipt of a claim oftentimes within 90 days from completion of load or discharge operations, whichever is applicable, else claim is deemed waived. As time has progressed English arbitration awards and court cases and US arbitration awards have given further insight into the role these contracts play within the industry, the proper interpretation of the commonly used requirements and some hints as to how both charterers and owners should phrase the clauses in order to adequately protect themselves. All of this is discussed below.