Some questions of law remain for a long time undecided by higher authority, despite their importance. For example:
In K Line Pte Ltd v Priminds Shipping (HK) Co Ltd (Eternal Bliss), the High Court (Andrew Baker J) held that such additional loss was recoverable. The Court of Appeal reversed this decision, in a judgment handed down on 18 November 2021, holding that demurrage is “liquidated damages for all the consequences of the charterer’s failure to load or unload within the laytime.”
You can read the full post on our Commercial, Construction & International Arbitration Blog here.