| Award 1152

Award N°1152 – Second degree – « Baltimore form C » c-p – Contamination of a soya bean meal cargo – English law to apply – Charterer and receiver part of the same group of companies – Which legal system has relevance ? Although the parties have agreed to give jurisdiction to the CAMP, they have not changed the law mentioned on the b-l on which theapplication was introduced before the CAMP ; as a result English law was applicable. When the b-l has not circulated outside the group of companies to which belong the charterer and receiver, the latter cannot ignore the details of the charter-party incorporated into the b-l. The liability regime applicable to the owner/carrier is the Brussels Convention subject to c-p terms and it is only bound by a best endeavours obligation. The owner/carrier cannot be held liable for cargo damages which, most probably, were pre-exisiting to the loading operations.