Recently, the Federal Maritime Commission (“FMC”) released its multi-year findings and proposed a non-exclusive list of factors that the FMC may consider when determining the reasonableness of demurrage and detention practices.

From the collection perspective, the FMC is particularly interested in demurrage and detention dispute resolution policies and billing and/or invoicing practices. The “old days” of billing, invoicing and collection efforts of demurrage and detention are no longer acceptable or considered “reasonable” in the eyes of the FMC. The demurrage and detention bills must have enough information to contest the charges.

The new rule indicates that the FMC is interested in demurrage and detention dispute resolution policies and suggests that billing and collection efforts should include reasonable timeframes for raising disputes and collections.