Laytime and demurrage clauses in contracts of sale―links and connections

摘要

Laytime and demurrage clauses (L&D clauses) have attracted much attention and analysis in their original habitat, charterparties. They exist also in international sale contracts where they raise two issues: first, what is the link between a laytime and demurrage clause in a sale contract and its counterpart in the relevant charterparty; secondly, in applying such a clause in a sale contract, are we to be guided by court decisions on charterparties? These questions have given rise to many practical problems. A new approach to the drafting of such clauses in international sale contracts is suggested: to separate such clauses―and the accompanying law―from their counterparts in charterparties.