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Thompson Hine LLP, a full-service business law firm with approximately 400 lawyers in 8 offices, was ranked number 1 in the category “Most innovative North American law firms: New working models” by The Financial Times and was 1 of 7 firms shortlisted for The American Lawyer’s inaugural Legal Services Innovation Award. The firm has been recognized by the National Law Journal as a Legal Technology Trailblazer and featured by Bloomberg for its innovative service delivery models, which drive accuracy and predictability. The firm’s commitment to innovation is embodied in Thompson Hine SmartPaTHTM – a smarter way to work – predictable, efficient and aligned with client goals. For more information, please visit ThompsonHine.com and ThompsonHine.com/SmartPaTH.

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In December 2018, the Federal Maritime Commission (FMC) issued its Final Report in Fact Finding Investigation No. 28: “Conditions and Practices Relating to Detention, Demurrage, and Free Time in International Oceanborne Commerce” (Final Report). In it, the Fact Finding Officer, Commissioner Rebecca F. Dye, sets forth her findings throughout the investigation’s phases and makes recommendations related to demurrage and detention practices that would improve the performance of the U.S. freight delivery system.

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Based on substantial information collected throughout the investigation, Commissioner Dye found that:

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Building on the finding that concerns about demurrage and detention in U.S. trades reflect more systemic issues and are not limited to weather- or labor-related port congestion in 2014–2015, a small subset of large ports or episodic events, Commissioner Dye recommends the organization of FMC Innovation Teams composed of industry leaders to establish commercially viable demurrage and detention practices concerning:

Stakeholders who are interested in participating in the FMC Innovation Teams that will address these important issues should contact Commissioner Dye.

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Karyn A. Booth 202.263.4108 <a href="mailto:Karyn.Booth@ThompsonHine.com">Karyn.Booth@ThompsonHine.com</a>

Jason D. Tutrone 202.263.4143 <a href="mailto:Jason.Tutrone@ThompsonHine.com">Jason.Tutrone@ThompsonHine.com</a>

This advisory bulletin may be reproduced, in whole or in part, with the prior permission of Thompson Hine LLP and acknowledgement of its source and copyright. This publication is intended to inform clients about legal matters of current interest. It is not intended as legal advice. Readers should not act upon the information contained in it without professional counsel.

This document may be considered attorney advertising in some jurisdictions.

https://admin.thompsonhine.com/wp-content/uploads/2022/04/Transportation_Update_-_FMC_Issues_Final_Report_on_Demurrage_and_Detention_Practices.pdf

FMC Issues Final Report on Demurrage and Detention Practices

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