| AWARD 1234

Award 1234 (second degree) – C/P Mediterranean Iron Ore – Grounding outside the fairway – Navigational fault – Hague-Visby rules applicable – Shipowner not responsible – Restitution of Insurers contribution to General Average (no). A vessel grounded with a pilot on board on her way from the loading terminal to open sea. Part of the cargo having to be transferred on to a lighter in order to free the vessel, a dispute arose between the owners and the cargo insurers, the latter submitting that the grounding was caused by excessive loading of the vessel as a result of a breach of mandatory rules and of the voyage C/P, therefore claiming the restitution of their contribution to General Average. Based on relevant data, including GPS, the Arbitral Tribunal observed that the vessel had grounded outside the recommended fairway owing to a navigational fault induced by the pilot without any alleged violation of the ISM TCode and/or SOLAS Convention having any impact. The Hague-Visby rules, incorporated by reference from the voyage C/P, being applicable, the navigational fault defence raised by the owners is therefore operative so the insurers claim for restitution of the General Average was rejected.