Research On Demurrage And Dispatch Clause In Charter Party

In recent years, especially after China entered into WTO, port construction was always lagging behind the pace of market development as the ship market grew more and more prosperous, which led to the growing globe ports congestion and demurrage disputes. In fact, being a clause in a contract, demurrage is agreed between both parties;it goes without saying that the charterer should pay demurrage if the loading or unloading time exceeds the lay days allowed. However, it is noteworthy that the ship owner often makes use of their professional advantage to sign the demurrage clause that avails them, when they sign the charter party. Some of the domestic charterers often suffer losses and pay demurrage, which ought to have been avoidable, because few charterers know the importance of demurrage and dispatch clause enough in China.In the light of the above, this study will take a case and its judgment result for example, explore both parties' main differences to the demurrage and dispatch clause, and put forward my own ideas and conclusions through a combination of quantitative analysis and comparative analysis. Then it analyzes how to make a reasonable demurrage and dispatch clause from charterers, raises the view of demurrage to a higher level. Reach dual objectives about preserving rights and promote China' s orderly development of shipment, with a target to help practical people and legal people.