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Gunvor SA v CruGas Yemen Ltd and Another – QBD (Comm Ct) (Phillips J) [2018] EWHC 2061 (Comm) – 23 July 2018

DEMURRAGE – SALES CONTRACT – TERM CONTRACT – TIME BAR – WHETHER DEMURRAGE IS INDEMNITY OR FREE-STANDING – CONTRACT OF AFFREIGHTMENT – COA Seller claimed for demurrage and other sums against Buyer, which the Seller named incorrectly in the claim. Buyer contended that the demurrage claim was time-barred under the contract of affreightment provision to which the Buyer was not a party, the demurrage rate was not in line with market rate, and the Seller’s entitlement to demurrage was an indemnity under the contract of affreightment. unvor SA (hereinafter, “Seller”) entered into a written term contract for the sale of...
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