CHARTERPARTY DISPUTES, OFF-HIRE, DEMURRAGE AND FREIGHT CLAIMS
Charterparty claims arise from disputes between shipowners, charterers, operators and other parties involved in the commercial employment of a vessel. These disputes can concern freight, hire, demurrage, off-hire, laytime, performance, cargo operations, withdrawal, cancellation and other contractual obligations.
At Latin Maritime Claims, we coordinate professional maritime legal support for charterparty disputes across South America through local maritime counsel and jurisdiction-specific legal analysis.
Charterparty disputes may involve:
The legal and commercial position will depend on the wording of the charterparty, incorporated terms, applicable law and dispute resolution provisions.
A proper assessment normally requires examination of the charterparty and relevant operational records. Depending on the dispute, important documents may include the charterparty, fixture recap, bills of lading, statements of facts, notices of readiness, laytime calculations, NOR correspondence, port logs, invoices, bunker records, vessel performance reports and communications between the parties.
Charterparty disputes involving vessels calling at Brazil, Argentina, Chile, Colombia, Peru, Ecuador, Uruguay, Venezuela, Guyana, Suriname and other South American jurisdictions can involve both contractual and local procedural considerations.
The location of the vessel, governing law, arbitration clause, jurisdiction clause and availability of local security can all be relevant. Where appropriate, local maritime counsel can assess whether court proceedings, attachment or vessel arrest may be available. Such remedies are jurisdiction-specific and cannot be assumed solely because a contractual debt exists.
Our coordinated approach may include:
Claim Submission → Contract Review → Liability Analysis → Legal Notice → Negotiation → Security Assessment → Arbitration or Court Proceedings → Enforcement
Early review is particularly important when a vessel is operating internationally or when contractual time limits may apply.
If you have an unpaid freight, hire, demurrage, off-hire or other charterparty dispute involving South America, submit the available contractual and operational documents for an initial assessment by the appropriate maritime legal team.
