• Journal of Navigation and Port Research
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• v.37 no.6
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• pp.689-697
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• 2013

The demurrage is regarded as a kind of the ocean freight and a remuneration of the time lost for the vessel while in port. In ordinary occasions of the voyage charter, the liability of a demurrage is usually laid on the charterers unless any exceptions are incorporated. The owners are, however, often meeting somehow difficulty to secure demurrage in the field as the liability is limited or transferred to a third party from the charterers. This paper is focused on clearing the liabilities to be held by the parties involved through the English Law cases, and what's more is rendering a proper suggestions to the owners and charterers on dealing with the ship's operation business.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 2013.06a
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• pp.60-61
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• 2013

One of the most important indicators for measuring service level and productivity of the port may be a demurrage rate. Currently, in the case of grain terminal of Busan North Port, demurrage rate are recognized at a very high level, in order to improve this, it is tilted more effort operational. In order to reduce the demurrage, there is a way expansion of facility of hardware, such as the replacement of aging equipment, and how manipulative assignment rules of the apparatus of the operation on the software side, such as changing the order of facility allocation. If the financial reasons are out of question, it is possible to expand to reduce the demurrage rate by operational way. Therefore this paper deals with how to operate some of the allocation rules and silo allocation rules of equipment to reduce the work hours with model and how to operate basic equipment and grain terminal of Busan North Port want to be seen by comparative analysis.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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• pp.85-105
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• 2016

The fact that one of the parties to the sale contract has had to pay demurrage to the shipowner under LD clauses in the charterparty does not of itself mean that he can recover that loss from his sale counter party under the sale contract: the route to such recovery is through express clauses in the sale contract itself. LD clauses in a sale contract stand free and independent of their counterparts in the relevant charterparty. LD clauses in a sale contract should be construed and applied as clauses in sale contracts, not as adjuncts to charterparties. Their interpretation should therefore be coloured not by decisions on laytime and demurrage in charterparties, but by their relationship to the contractual duties of CIF and FOB sellers and buyers. The results discussed here have implications for the drafting of LD clauses in sale contracts. If unwelcome surprises are to be avoided, it seems to advisable to start from the principle: what exactly do traders want or need in LD clauses. They need a clause which covers them against charterparty losses where those losses are the result of dealy caused by the counterparty to the sale contract. The parties to the sale contracts are well advised to prepare LD clauses concentrating on that purpose and bearing in mind the followiing questions. First, should the loading and discharge code in the sale contract appear in traders' or trade associations' standard terms and conditions or should they be left to ad hoc negotiation in contract sheets? Second, should that code be as complete as possible, covering loading or discharge periods or rates, demurrage and despatch, or is it enough for only some of those matters to be covered explicitly, leaving other matters to be governed" as per charterparty"? Third, does the introduction or incorporation of a stipulation for the giving of a notice of readiness make the start of laytime more or less predictable as between seller and buyer? Finally should a loading and discharge code in a sale contract actully be called a "laytime and demmurrage clauses"?

• Korea Trade Review
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• v.45 no.4
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• pp.125-136
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• 2020

Freight charges are one of the major clauses in the voyage charter. However, in case of unexpected delays at loading and discharging ports, the owner of the ship would not be willing to cover the various costs he should bear by paying the freight receives from the charterer. Therefore, the shipowner, whose time and the ship would be both considered to be an expense, would try to reduce the laytime as least as possible when signing the charter party and to receive compensation such as demurrage and damage for detention from the charterer, just waiting for the agreed laytime to pass. In this study, we review the differences between demurrage and damage for detention and examine the acknowledgeable circumstances through the actual cases. Since the shipowner and the charterer do not often agree on the damage for detention from the respective contract, it is necessary to examine each. Besides, the shipowner and the charterer must acquaint the damage for detention and specify in a contract, to compensate for the actual loss of the shipowner.

• Proceedings of the Safety Management and Science Conference
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• 2000.05a
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• pp.339-349
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• 2000

Inchon Port is the second largest import-export port of Korea, and has the point at issue such as the excessive logistics cost because of the limits of handling capacity and the chronic demurrage. There are few research activities on the analysis and improvement of the whole port operation, because Inchon Port not only has the dual dock system and various facilities but also handles a various kind of cargo. The purpose of this paper is to develop the simulation program as a long-term strategic support tool, considering the dual dock system and the TU(Terminal Operation Company) system executed since March, 1997 in Inchon Port. The basic input parameters such as arrival intervals, cargo tons, service rates are analyzed and the probability density functions for these parameters are estimated. The main mechanism of simulation model is the discrete event-driven simulation and the next-event time advancing. The program is executed based on the knowledge base and database. From the simulation model, it is possible to estimate the demurrage status through analyzing various scenarios and to establish the long-term port strategic plan.

• Journal of Korean Society of Industrial and Systems Engineering
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• v.22 no.49
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• pp.163-168
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• 1999

The purpose of this study is to develop a port simulation program for Inchon Port. The arrival and departure data from Inchon Port is analyzed and the berthing rule based on formal materials and experiences is constructed. A Port-Simulation program to analyze the effects of the changes in ship arrivals, service capacities upon the demurrage is constructed and several scenarios are analyzed. It is expected that we can use the simulation results in order to prepare proper service levels and plan appropriate investment strategies.

• Journal of the Korea Safety Management & Science
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• v.2 no.2
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• pp.127-137
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• 2000

Inchon Port is the second largest import-export port of Korea, and has the point at issue such as the excessive logistics cost because of the limits of handling capacity and the chronic demurrage. The purpose of this paper is to develop the simulation program as a long-term strategic support tool, considering the dual dock system and the TOC(Terminal Operation Company) system executed since March, 1997 in Inchon Port. The basic input parameters such as arrival intervals, cargo tons, service rates are analyzed and the probability density functions for these parameters are estimated. From the simulation model, it is possible to estimate the demurrage status through analyzing various scenarios and to establish the long-term port strategic plan.

• Journal of Navigation and Port Research
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• v.31 no.3 s.119
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• pp.205-212
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• 2007

Due to the construction of Incheon Grand Bridge, there is driven a necessity for rearranging the function of Inner Port with the development of Outer South Port. In this paper, I'd like to simulate the port operation levels of Lock Gate in Inner Port with estimating the traffic volumes of 2011 and 2015, which will reveal the Demurrage Cost and the Accumulation Cost of Freight in Inner Port. Finally I will evaluate the economic movement effects of the container ship's calling from Inner port to South Port/Outer South Port from 2011 to 2015. The results are as followings ; (1) The average utilization of Lock Gates are reduced by $7\sim8$ percentage point. (2) The mean queueing value are saved by 25 percentage point. (3) The Demurrage Cost and the Accumulation Cost of Freight except Lock Gate charges and the Benefit of Routeing Reduction are saved about 800 million Won annually.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.62
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• pp.113-132
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• 2014

Judicial decisions make it clear that in all CIF, CFR and FOB contracts, incorporation of charter party into sale contracts is the only effective way for recovery of demurrage in the context of sale contracts. The case law would appear to clarify a number of important issues: The words of incorporation in the sale contract play a vital role in determining the extent of the influence of the charter party principles over the sale contract. Hence, unless it is expressly provided otherwise, the courts tend to apply the charter party principles to the incorporated charter party provisions to the extent that they make sense in the context of sale contract, and that they do not undermine the underlying foundations of international trade law. In this respect the courts also take into account the factual background of the case with a view to objectively ascertaining the intention of the parties. The law is, however, less clear on the effects of the incorporated charter party provisions in sale contracts. There is still no straightforward answer to the question of to what extent the charter party law is applied to the incorporated charter party provisions in the context of sale contracts. The case law on this matter merely provides piecemeal solutions, and it is not possible to extract a general rule which will help interpretation of those charter party provisions which have not yet been subject to litigation or arbitration. Therefore, it should be noted that the parties would prepare Incorporation Clause in their sale contracts in reliance of the rules to achieve the desired results.

• Journal of the Korean Society of Marine Environment & Safety
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• v.27 no.6
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• pp.775-782
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• 2021

The Myodo-Strait at Yeosu Port is normally used as a major vessel passage for dangerous cargo carriers that carry regular products of dangerous goods. Currently, the Myodo-Strait allows only single passage, and the speed of passage is also limited to 8 knots. As a result, demurrage at the wharf of hazardous goods are also on the rise. It is expected that the development of a number of dangerous commodity wharf in the future will increase the volume of vessel traffic and increase the number of vessels used in the project area. Therefore, it is urgent to improve the waterway in order to secure the safety of ships using the waterway and improve the demurrage. This study proposed an improvement plan for the waterway through the analysis of the marine environment of the waterway and the process of collecting opinions from users in the sea area. and it was finally proposed to expend the width of the strait to 300m and secure a depth of 9.50m through Guidelines of Port and Harbor Design review and ship handling simulation evaluation. In addition it was evaluated that the vessel traffic congestions at peak-time in the situation of solo passage was greatly improved from 71.01% to 47.3% even when it was allowed to ship's crossing passage, as a result of vessel traffic congestions evaluation. According to the proposed improvement plan, the safety of ships' passage in the project area can be secured, and the issue of demurrage was also considered to be improved.