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Port May Not Claim Berth Charges for Future Earnings

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image of Arab Law Quarterly

In a judgment delivered by the Dubai Court of Cassation, the Court held that berthing charges are charged by the port on a daily basis, and become due and payable once the day has elapsed provided that the rig was at the port during that day. It will therefore not award charges on a daily basis for the future on the grounds that the port charges are based daily, and will not be due and payable to the port until that day has elapsed. In this action the Court awarded the plaintiff the port charges which had already accrued up to the date on which judgment was delivered. However the Court rejected the plaintiff's claim for the future charges on the grounds that those charges had not yet accrued.


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