Competing Periods in Determining Laches in Demurrage Disputes

The author discusses demurrage disputes in both non-contiguous domestic maritime and foreign ocean transportation. Of particular interest is interpretation and relevance of "TAG/ICIB Services, Inc. v. Pan America Grain Co." (TAG). The author argues that TAG supports the theory that if a demurrage claim arose under a tariff, the statute governing the specific tariff would be the most analogous statute of limitations. (The author believes the argument is specific to non-contiguous domestic maritime operations.) In relation to TAG, the author also argues that if the applicable statute allowed private contracts containing a clause on governing law and relevant parties took advantage of it, the parties' choice should be honored in terms of application of analogous state statute governing breach of contract actions. Multimodal applications and additional court cases are also discussed.

Language

  • English

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Filing Info

  • Accession Number: 01046895
  • Record Type: Publication
  • Files: TRIS
  • Created Date: Apr 6 2007 10:38AM