| Award 1206

Award 1206 – C/P Orevoy – Hatch cover damaged during discharging – Provisional repairs followed two years later by definitive repairs in China. Claim from charterer to the disponent owner to be refunded of part of the cost of provisional repairs and demurrage. Repairs carried out by a ship repairer, chosen by the charterer with the agreement of the ship manager, we refoundtobe unsatisfactory. An official survey report pointed out the unsatisfactory nature of the repairs. In the end, the hatch cover manufacturer ordered some provisional repairs in order to allow the vessel’s departure but with class certificates including a recommendation to perform definitive repairs at a later stage. Once these were carried out, the charterer reverted to the facts which had occurred during the call and claimed reimbursement from the disponent owner for the repairs carried out according to the advice of the hatch cover manufacturer as well as demurrage incurred after the end of the first repair. Although pointing out the disponent owner’s lack of cooperation, the arbitral Tribunal decided the charterer remained liable for the hatch cover repairs and corresponding expenses. However, time lost due to the inaction of the disponent owner was to be refunded.