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Course Details

Course Information
  • smart_display Format

    Live Online with Live Q&A

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Commercial Law

Date & Time
  • event Date

    Monday, October 27, 2025

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

$297.00

This course is $0 with these passes:

CLE
ALL

This CLE webinar will discuss resolving detention and demurrage (D&D) disputes, developments under the Federal Maritime Commission's (FMC) final rule on D&D billing practices that went into effect in 2024, and recent developments concerning the reasonableness of detention practices.

Faculty

Julia Bonestroo Banegas
Special Counsel
Jones Walker LLP

Ms. Banegas serves as special counsel in the Maritime Practice Group and is a member of the maritime regulatory team. She advises clients on federal and state maritime regulations to facilitate smooth business operations in the US and internationally. Ms. Banegas advises clients on establishing global operations, preparing for significant projects, and developing compliance programs that support uninterrupted trade and efficient operations. She counsels clients on transportation issues and regulatory compliance.

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Description

Charges for D&D are a fact of life in shipping operations, but historically, non-uniform and unclear billing practices created disputes between shippers and carriers. On May 28, 2024, a new, final FMC rule went into effect (46 C.F.R. Part 541) specifying exactly how D&D invoicing must occur with the intent of streamlining the resolution of disputes. Counsel now have a body of decisions from which to draw conclusions about how well the new rule is working in reducing disputes.

A clear invoice, however, does not eliminate D&D disputes over the reasonableness of charges, contractual terms, and other issues. The requirements in 46 USC 41102 and application of the FMC's "incentive principle" remain important issues. In February 2025, the FMC issued its first major decision in TCW Inc. v. Evergreen Shipping Agency (America) Corp., demonstrating how it would apply the incentive principle. The case also offers lessons about the type of evidence needed by maritime terminal operators seeking to enforce their charges as most cases are fact sensitive.

Listen as this panel discusses recent developments in resolving D&D disputes, the impact of the final FMC rule, and the FMC's approach to disputes about the reasonableness of D&D practices.

Outline

I. Introduction and overview of D&D

II. Types of D&D disputes

III. Impact of FMC final invoicing rule

IV. Recent developments and trends

Benefits

The panel will discuss these and other important issues:

  • What challenges have been made to the new final rule on D&D billing?
  • What are best practices for collecting evidence needed to show that a billing practice is unreasonable?
  • What does TCW Inc. v. Evergreen signal about how the FMC applies the incentive principle?