항해용선계약에서 체선료와 부적운임에 관한 판례 분석 - Johnny K호 사건을 중심으로

A Case Study on Demurrage and Deadfreight under Voyage Charter

In the Johnny K, the owners claimed demurrage and deadfreight on the basis of the cargo shortfall. The arbitrators found that the berth at which the vessel loaded was controlled by the shippers, and that the vessel sailed on orders from the terminal/port authorities, but they did not make a precise finding on the question by whom the order to leave the berth had been given. They found that the vessel had been ordered to sail in order to avoid being neaped, and held that there was no failure by the charterers, or those for whom they were responsible, to make a full cargo available for loading. They concluded that the charterers could not be held liable for the instruction to vacate the berth given by the port authorities. They accordingly dismissed the owners&quot; claim.<BR>&nbsp;&nbsp;This case was an appeal to the High Court under section 69 of the Arbitration Act 1996 by the owners of the vessel against an arbitration award dismissing their claim for deadfreight against the charterers.