Award 1213 – C/P Gencon – Phosphate cargo – Deballasting problem – Notice of readiness – Dead-freight claim – Attachment in New-York based on Rule B – Counterclaim for improper attachment. Having experienced some difficulties in deballasting, a vessel could only load a part cargo. After several days of attempts to solve the problem, the charterer ordered the vessel to leave the berth. In view of charterer’s refusal to pay deadfreight, the shipowner obtained judgment in New York for the attachment of his bank accounts. Conversely, the charterer asked to be paid damages for unwarranted attachment. The Arbitral Tribunal judged that, even after having been accepted, a notice of readiness may be challenged if facts contradict it. Then, it considered that, in view of uncertainty about the vessel’s actual situation, the charterer could not be blamed for having ordered the vessel to sail. His claim for dead-freight being lost, the shipowner was condemned to pay damages for unwarranted attachment.
16, rue Daunou 75002 PARIS