Shanghai Xiaoxiong Petrochemical Co., Ltd. v. Jiangxi Yihai Shipping Co., Ltd.
摘要
Plaintiff (Xiaoxiong) claimed that it and Defendant (Yihai Shipping) signed a voyage charterparty on June 8, 2017, by which Defendant agreed to carry a cargo of crude white oil for Plaintiff from Quanzhou to Zhanjiang Lingzhi, with total laytime at the two ports (reversible laytime) being 72 hours and demurrage at RMB15,000 yuan per day. The two parties signed a letter of confirmation, stipulating that Defendant would charge Plaintiff demurrage of RMB210,000 yuan in advance. The actual demurrage time of the voyage in question was 9.5 days, resulting in a demurrage of RMB142,500 yuan, so Plaintiff sued for return of the balance. Defendant argued that Plaintiff still owed demurrage in the amount of RMB15,000 yuan because the confirmation letter covered demurrage from June 12 to 26, 2017, but the vessel discharged the cargo on June 27, 2017, so Plaintiff owed demurrage for one extra day, in amount of RMB15,000 yuan. The Court held that the confirmation letter was ambiguous and did not clearly support Defendant’s interpretation. Consequently, the Court held that the total demurrage time was 9.5 days, for a total demurrage of RMB142,500 and so Defendant was ordered to return RMB67,500 yuan to Plaintiff.