Laytime and Demurrage ─ A Comparative Perspective

This book discusses the law of laytime and demurrage from a comparative perspective, drawing on UK, US and Norwegian/Scandinavian case law.

Shipping is an international industry and contracts which are used in the chartering of ships are made out in the English language and reflect Anglo-American legal culture in the way they are drafted. Anglo-American legal influence is further enhanced by the fact that the standard charter forms in use normally contain English or American choice of law as part of their standard term. Such international dominance of Anglo-American law affects Norwegian law in two major ways. Firstly, Norwegian background law can be affected in that the provisions of the Maritime Code to a greater or lesser extent are adjusted to suit Anglo-American law solutions. Secondly, influence may be exerted via Norwegian case law in that questions of interpretation of charterparties under Norwegian law are affected by Anglo-American law solutions.

Here, Solvang examines the law of laytime and demurrage from a comparative perspective, exploring to what extent it is advisable to adopt foreign law solutions to questions of construction of contracts. He also examines the implications of giving preferential treatment to foreign law at a domestic level.

This book will be of great interest to scholars and practitioners of maritime and shipping law.

Trond Solvang is a Professor at the Scandinavian Institute of Maritime Law, Norway.