| Award 1100

Award N°1100 – Slot allocation contract – Time bar – Liability. A writ served by way of publication in the press, requesting to appear before a Chinese court, does not interrupt the time bar because the defendant cannot be made aware of it. In a slot allocation contract, the term when the time bar expires depends upon the agreement made between the parties. When the contract requires that the party providing slots is liable towards the cargo loaded within allocated slots only in case of vessel unseaworthiness, evidences of any such unseaworthiness must be shown up in order to make the party providing those slots liable for containers lost overboard. «Consuetudo, optima legum interpres».