Freight & Demurrage Claims
FREIGHT & DEMURRAGE CLAIMS IN SOUTH AMERICA
FREIGHT, DEMURRAGE, LAYTIME AND DETENTION CLAIMS
Freight and demurrage disputes are common in international shipping and can arise from delays, unpaid freight, disputed laytime calculations, cargo operations, port congestion and other charterparty obligations. When a vessel is trading in South America, recovering outstanding freight or demurrage may require both contractual analysis and knowledge of local maritime procedures.
At Latin Maritime Claims, we coordinate professional legal support for freight and demurrage claims throughout South America through local maritime counsel and jurisdiction-specific assessment.
COMMON FREIGHT CLAIMS
Freight-related disputes may involve:
- Unpaid freight invoices
- Short-paid freight
- Disputed freight calculations
- Deadfreight claims
- Advance freight disputes
- Freight deductions or set-offs
- Disputes concerning payment obligations
- Contractual interest and additional charges
The underlying charterparty, fixture recap, bill of lading and applicable contractual terms should be reviewed before determining the legal position.
DEMURRAGE AND LAYTIME CLAIMS
Demurrage claims generally arise when the agreed laytime for cargo operations has been exceeded. Determining whether demurrage is payable can require a detailed review of the contractual laytime provisions and the actual events at the port.
Relevant issues may include:
- Validity of the Notice of Readiness
- Laytime commencement
- Loading and discharge delays
- Port congestion
- Weather interruptions
- Berth availability
- Cargo readiness
- Customs or documentation delays
- Strikes and industrial action
- Exceptions and exclusions under the charterparty
- Statement of Facts and time calculations
- Demurrage rate and calculation
A small difference in the interpretation of a charterparty clause can materially affect the final amount claimed.
DOCUMENTATION FOR FREIGHT & DEMURRAGE CLAIMS
A proper claim review may require the charterparty, recap, bills of lading, invoices, Statements of Facts, Notices of Readiness, letters of protest, port records, time sheets, cargo documents, correspondence and the claimant's laytime calculation.
Where the claim is disputed, the contractual wording and contemporaneous operational evidence are particularly important.
SOUTH AMERICA FREIGHT & DEMURRAGE CLAIMS
We coordinate claims involving major South American maritime jurisdictions, including Brazil, Argentina, Chile, Colombia, Peru, Ecuador, Uruguay and Venezuela, as well as other regional jurisdictions.
The appropriate recovery strategy may depend on the governing law, jurisdiction or arbitration clause, location of the vessel, identity of the contractual debtor and availability of security or enforcement measures.
CLAIM RECOVERY PROCESS
Our coordinated approach may include:
Claim Submission → Contract & Document Review → Laytime Analysis → Liability Assessment → Legal Notice → Negotiation → Security Assessment → Arbitration or Court Proceedings → Enforcement
Where a vessel is located in a relevant jurisdiction, local maritime counsel can assess whether any lawful security or arrest remedy may be available. Such remedies depend on the specific claim and applicable law.
SUBMIT YOUR FREIGHT OR DEMURRAGE CLAIM
If you are seeking recovery of unpaid freight, demurrage, deadfreight or other charterparty-related amounts connected with South America, submit the available contractual and operational documents for an initial legal assessment.