| Award 1186

Aw a r d 1 1 8 6 – C h a r t e r – P a r t y SYNACOMEX and shipment under CONGENBILL – Barley in bulk – Cargo short delivered – Wastage of 0.71 %. The receiver, who was not indemnified due to the conditions of its cargo insurance policy (Major events cover), was entitled to claim against the carrier for short delivery. However, the carrier could rely on the exception of art. 4-2 (m) of the Hague-Visby Rules as the use of various weighing methods and handling specific to the carriage of bulk cargoes result in some inaccuracies which are not the consequence of an event that occurred during the voyage. In addition, the deletion of the terms “less 0.50 per cent” in clause 4 of Charter-Party dealt with the freight computation but did not affect the shipowner’s liability. The sole arbitrator concluded that wastage of 0.71% was not to be considered abnormal for the voyage and the cargo in question.