| Award 1141

Award N°1141 – C-P bill of lading – Bagged rice – Shortage and damage – Time-charterer as carrier – Liability in tort of the head owner (No). Cargo insurers having compensated the receiver for cargo damage and shortage cannot base their claim against the owner on liability in tort. It is mere common sense to look after the responsibility of the “penitus extraneus” only, inasmuch as the concerned third party has the ground for a contractual claim. Incidentally, should a title to sue exists, the contractual fault still remains to be established. London arbitrators are only those having jurisdiction to clear up the time c-p.