The Carrier Is Charging You Demurrage Even Though the Delay Was Not Your Fault. Is It Payable?
Prepared by the Maritime & Admiralty Team at Soliman Advocates
This article has been prepared by the firm's maritime lawyers as part of Soliman Advocates' Maritime Legal Insights series, drawing on the team's experience in Egyptian maritime law and shipping disputes.
A demurrage demand is not automatically payable simply because it was issued by the carrier.
You need to establish:
- When the container arrived.
- When it became available for delivery.
- When free time started and ended.
- Whether the consignee was able to take delivery.
- Who caused the delay.
- How the amount was calculated.
Before paying, request a detailed calculation and the tariff or contractual provision supporting the charge.
Some demurrage claims may be valid. Others may be open to challenge.
Facing a Demurrage Claim? Soliman Advocates – Cargo & Customs Department can review the calculations, documents, tariff, and applicable carriage terms and assess the basis of the demand.
Prepared by: Cargo & Customs Department – Soliman Advocates
Legal Disclaimer
This article is provided for general informational purposes only and does not constitute legal advice or a legal opinion on any specific matter or dispute. Identifying the responsible party and the appropriate recovery route depends on the nature and timing of the damage, delay or shortage, the carriage and insurance terms, the applicable law or international convention, and the specific facts of each case. Payment made to obtain release of cargo does not necessarily determine whether the amount was legally due, and the consequences of payment depend on the circumstances and manner in which it was made. The relevant documents should be reviewed with specialized legal counsel before taking any action.
Facing a live maritime matter?
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