| Award 1188

Award 1188 – Rice in bags under B/L – Shortage and damages to cargo – Letter of undertaking giving jurisdiction to CAMP – Carrier’s liability for shortage (yes), for moisture and torn bags (in part). A receiver, who is the holder of a bill of lading to order, is entitled to claim against the carrier identified as such on the bill of lading. By applying the Brussels Convention of 1924, the carrier was found liable to indemnify the carrier on a CIF basis for the whole shortage but for two thirds only of damages caused by wetting due to condensation, unavoidable on a bulk carrier for the sea passage under consideration and for half of the bag leakages which could not be prevented whatever means of supervision was used.