Cobelfret Bulk Carriers NV v. Swissmarine Service SA (The “Lowlands Orchid”) – QBD (Comm. Ct.) 13 Nov 2009
CHARTERPARTY LANGUAGE “SHINC” — SUPER HOLIDAYS — ADDITIONAL CLAUSE SUPERCEDING PRO-FORMA – DESPATCH – DEMURRAGE — Charterer Award
This laytime dispute hinged on the interpretation of a fixture recap term, SHINC (Sundays and Holidays included), in conjunction with the terms of the underlying charter party form. The underlying charter party Clause 63 stipulated “Sundays and Holidays included”, followed by the phrase, “…excluding Super Holidays”. At issue is how the contract should be interpreted specifically relating to the terminal shutdown during the Christmas holiday period.
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