Award 1237 – C/P Synacomex 90 – Wheat flour in bags – Dispute about handling expenses into a tween decker – Claimant withdrawal – Defendant counter-claim partially granted.
A tween decker was chartered for the transport of wheat flour in bags. In the C/P, the Shipowner confirmed that the vessel holds were “fully box” and did not contain any obstacles.
At first, the Shipowner required the payment of demurrage in view of the operations slowness and then withdrew his claim. For his part, the Charterer claimed back the refunding of additional costs caused by the vessel non conformity with the C/P.
The arbitrators could only record the Shipowner’s claim withdrawal. As for the Charterer’s claim, photos showed that the holds included wings contrary to the vessel description. However they only granted to the Charterer part of his claim whose amount did not appear to them totally convincing and left the Shipowner to bear two thirds of arbitration costs.
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