Award N°1125 – Damage to cargo – Unseaworthiness – Obligation to discharge – Right to not carry out a contractual obligation due to nonperformance of the other party. A charterer has an absolute obligation to discharge the cargo. But, when owners and their Master are heavily responsible in respect of the unseaworthiness of the vessel and the loss of the cargo of frozen goods, the prohibition to discharge the damaged cargo by port authorities finds its direct cause in this unseaworthiness. Owners are then liable for the damages and the resulting consequences.
| Award 1125
- 24 December 2005
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