When making a demurrage claim C/Ps usually require submission of all supporting documents. But what are these? What if some of them are in charterers' possession, do owners have to re-submit alongwith the claim? These were the questions in The Amalie Essberger [2019], where owners did not submit load port pumping logs and a LOP in their demurrage claim. These had infact been submitted to charterers much earlier (soon after dep. from load port). Charterers asserted that all supporting documents had not been supplied.
C/P stated “demurrage claim waived unless received with all supporting documents within 90 d after disch. Claim must be supported by the following docs:......pumping logs; and letters of protest”.
Looking at the phrase ‘all supporting docs’, court said that it meant docs on which owners relied in support of the demurrage claim, or which established / promoted the validity of the claim. It does not mean owners are to submit all relevant (including adverse) docs. As per the second sentence though, docs expressly listed must be submitted even if irrelevant.
Coming to the 2nd issue, court found no express requirement in the language of the cl. that these docs had to be provided at the same time as the demurrage claim. Owners were not obliged to resubmit.
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