Connect with us

Legal

North P&I Club lawyer: Don’t be time barred

Jim Leighton uses the case of Lukoil Asia v Ocean Tankers, the “Ocean Neptune” case, as an example.
Admin

Published

8 years ago

on

5bbc5b2fb17e6 1539070767

Jim Leighton, the Senior Solicitor England and Wales, Freight, Demurrage and Defense (FD&D) at the North P&I Club has written an article to remind stakeholders to pay close attention on all clauses in a charterparty that stipulate time bars. The following is part of the whole article:

Lukoil Asia v Ocean Tankers, the “Ocean Neptune”

The “Ocean Neptune” [2018] EWHC 163 (Comm) serves as an important reminder that close attention needs to be paid to demurrage claim presentation time bars. Such time bars also present the risk of an owner being caught out on less conventional claims concerning the delay of the vessel while awaiting a charterer’s orders.

In this case the vessel called at three ports to discharge the cargo. But following a cargo quality dispute arising at the first port of discharge, it was subjected to a stay in excess of 1,000 hours. The charterer had, in accordance with its contractual rights, ordered the vessel to wait off the first port of discharge pending confirmation of further orders.

Unfortunately, the cargo was never accepted by the receiver at the first port of discharge. The cargo was later discharged in a more usual time frame at the second and third ports of discharge, before completing the contractual voyage. The owner then presented its claim within the demurrage claim presentation time bar period.

However, the owner did not comply with some of the documentary presentation requirements for the conventional demurrage claim, for time used during cargo operations in port. The High Court, in agreement with the arbitrators, decided that this demurrage claim failed for want of compliance.

Nevertheless, the arbitrators allowed the delay claim while awaiting the charterer’s orders on the premise that there were no documents identified, or that needed to be presented, by the relevant clauses for that aspect of the claim to succeed. The High Court did not agree, so dismissed the delay claim too.

The High Court decision was made on the basis that the delay awaiting the charterer’s orders was to “count as” time on demurrage. As that was inherently tied up with the demurrage clauses in general, including the time bar, the decision time barred what would otherwise have been a true detention claim.

This case can be contrasted with The “Seagrace” [2018] EWHC 156 (Comm). The charterparty clauses in this case did not give the charterer a right to order the vessel to await orders. The parties agreed a delay awaiting orders would be allowed at the demurrage rate.  However, this did not result in the demurrage claim presentation time bar barring what in this case was a true detention claim.

A key point to take away from these cases is that whether or not a demurrage claim presentation time bar is effective against other claims that are not of a conventional demurrage nature, depends on the careful reading of the charterparty in question. As such, an owner should check all demurrage clauses, including related time bars, carefully in each case.

The full article can be found here.

The above article is related to earlier news stories below concerning time bars:

Related: Skuld: ‘Bad’ bunkers in the US Gulf, Caribbean and Far East
Related: TKK Singapore vessel grounded due to alleged ‘improper marine fuel’

Published: 9 October, 2018
 

Related Topics:
Continue Reading

Winding up

Singapore: Liquidator of Da Xin Tankers, Nan Chiau Maritime issues notices of dividend

Da Xin Tankers’s second interim dividend and Nan Chiau Maritime’s third interim dividend are payable from 17 September, according to Government Gazette notices.
Admin

Published

2 days ago

on

September 18, 2026

By

Resized benjamin child

Notices of dividend for Da Xin Tankers Pte Ltd and Nan Chiau Maritime Pte Ltd, which are currently in creditors’ voluntary liquidation, were published on the Government Gazette on Thursday (17 September). 

The following are the details of the notice for Da Xin Tankers:

Name of Company : Da Xin Tankers (Pte) Ltd (In Creditor’s Voluntary Liquidation)
Unique Entity No. / Registration No. : 198400895W
Address of Registered Office : c/o Grant Thornton Singapore Private Limited, 8 Marina View, #40-04/05 Asia Square Tower 1, Singapore 018960
Amount per centum (US$) : 5.00 cents to a dollar of admitted unsecured claims
First and Final or otherwise : Second Interim Dividend
When payable : 17 September 2026
Where payable : Entitlements will be made either by way of telegraphic transfer or by cheque, to be collected from the Company’s registered address as above

The following are the details of the notice for Nan Chiau Maritime:

Name of Company : Nan Chiau Maritime (Pte.) Ltd. (In Creditors’ Voluntary Liquidation)
Unique Entity No. / Registration No.: 200814296Z
Address of Registered Office : c/o Grant Thornton Singapore Private Limited, 8 Marina View, #40-04/05 Asia Square Tower 1, Singapore 018960
Amount per centum (US$) : 7.00 cents to a dollar of admitted unsecured claims
First and Final or otherwise : Third Interim Dividend
When payable : 17 September 2026
Where payable : Entitlements will be made either by way of telegraphic transfer or by cheque, to be collected from the Company’s registered address as above.

 

Photo credit: Benjamin Child
Published: 18 September, 2026

Continue Reading

Winding up

Singapore: Marine fuel testing firm CCIC Singapore faces winding up application

Application for the winding up of CCIC Singapore Pte Ltd was filed by Hong Kong-registered CCIC International Holding Limited on 7 September, according to Government Gazette notice.
Admin

Published

5 days ago

on

September 15, 2026

By

CCIC SG

An application for the winding up of marine fuel testing and surveying firm CCIC Singapore Pte Ltd (CCIC Singapore) was filed by Hong Kong-registered CCIC International Holding Limited on 7 September, according to a Monday (14 September) notice on the Government Gazette.

It noted the winding up application is directed to be heard before the Judge sitting in the General Division of the High Court at 10am on 2 October.

Manifold Times previously reported US Department of the Treasury’s Office of Foreign Assets Control (OFAC) sanctioned nearly two dozen firms operating in multiple jurisdictions, including CCIC Singapore.

OFAC alleged that Sepehr Energy “consistently relied” on CCIC Singapore to accomplish not only the necessary pre-delivery cargo inspections required before oil is transferred to China, but also to conceal the oil’s Iranian origins.

In late 2024, CCIC Singapore provided inspection services during a ship-to-ship transfer of approximately two million barrels of Iranian oil from the sanctioned vessel and Sepehr Energy-affiliated SIRI (IMO 9281683), formerly known as the ANTHEA. 

In June 2025, CNA reported that the company laid off hundreds of workers after it was hit with the sanctions. Later, the CCIC Singapore told CNA that the layoffs were due to the impact of the sanctions which was greater than expected, and that it has ceased operations in Singapore. 

According to the Government Gazette notice, any creditor or contributory of the company desiring to support or oppose the making of an order on the winding up application may appear at the time of hearing by himself or his counsel for that purpose.

A copy of the winding up application will be furnished to any creditor or contributory of the company requiring the copy of the winding up application by the solicitors of the applicant’s, Oon & Bazul LLC, on payment of the regulated charge for the same.

The Applicant’s address is 29/F, East Tower, Shun Tak Centre, 168-200 Connaught, Rd Central, Hong Kong, China.

The Applicant’s solicitors are TKQP Law LLP of 1 Wallich Street, #07-02 Guoco Tower, Singapore 078881.

Note: Any person who intends to appear at the hearing of the winding up application must send notice of such intention to the abovenamed TKQP Law LLP, the Claimant’s solicitors, within the time and in the manner set out in rule 70 of the Insolvency, Restructuring and Dissolution (Corporate Insolvency and Restructuring) Rules 2020. The notice must be in Form CIR-15 and state the name and address of the person, or, if a firm, the name and address of the firm, and must be signed by the person, firm, or his or their solicitor (if any) and must be served and, if sent by post, must be posted in such time as in the ordinary course of post to reach the address of the Claimant’s abovenamed solicitors, at least 3 clear working days before 2 October 2026 (the day appointed for the hearing of the application).

Related: CCIC Singapore amongst nearly 24 firms named in latest US OFAC sanctions

 

Photo credit: Manifold Times
Published: 15 September, 2026

Continue Reading

Winding up

High Court of Singapore issues winding up order against Hengli Petrochemical International

Application to wind up Hengli Petrochemical International Pte Ltd, the former Singapore trading arm of Hengli Petrochemical (Dalian) Refinery, was filed by Dalian Hengli New Energy Sales on 14 August.

Admin

Published

6 days ago

on

September 14, 2026

By

RESIZED singapore high court

The High Court of Singapore issued a winding up order to Hengli Petrochemical International Pte Ltd, the former Singapore trading arm of Hengli Petrochemical (Dalian) Refinery, on 4 September, according to a Friday (11 September) notice on the Government Gazette.

The application was filed by Dalian Hengli New Energy Sales Co Ltd, a creditor of the company, on 14 August.

The winding up order also included the following names and address of liquidators:

Mr. Wong Joo Wan
Ms. Tina Phan Mei Ting
c/o M/s Rodgers Reidy Advisory Pte. Ltd.
1 Commonwealth Lane
#06-21 One Commonwealth,
Singapore 149544

All creditors of the abovenamed company should file their proof of debt with the liquidator who will be administering all affairs of the company.

In May, it was reported that Hengli Petrochemical International dismissed some employees, with some workers being laid off while others were offered positions in other entities. 

In April, China’s Hengli Group reportedly reorganised the shareholding structure of its Singapore-based trading arm shortly after the United States imposed sanctions on its refinery unit.

Related: Hengli Petrochemical’s ex-Singapore trading arm faces winding up application
Related: Hengli’s former Singapore trading arm begins staff layoffs ahead of potential May shutdown
Related: Hengli shifts ownership of Singapore trading arm in wake of US sanctions
Related: US sanctions China’s second-largest teapot refinery for purchasing Iranian oil

 

Photo credit: Manifold Times
Published: 14 September, 2026

Continue Reading

Trending