Chemteam Tankers v. Oxide Chemicals, Inc. (The “Infra”) – SMA No. 3105, 23 Sep 1994

ASBATANKVOY — DISPORT — DEMURRAGE — BURDEN OF PROOF — Owner Award

Due to a major Vessel casualty at disport, the Vessel was put on demurrage for an additional 1.5 days. The Charterers argued that this event was beyond their control and should be summarily discounted. The Owners, on the other hand, contend that the Charterers had not satisfied their burden of proof that it was indeed out of their control.