| Archives: May 2004

Award N°1098 – Vessel readiness to load. It is a condition precedent to accept a vessel for loading that her holds are ready in every respect to accommodate the contractual cargo. The charterer cannot be blamed to refuse to accept a vessel for loading because of a persistent fishmeal smell from the previous cargo. As a result, the owner is held liable towards the charterer in respect of their commercial damages.

Award N°1100 – Slot allocation contract – Time bar – Liability. A writ served by way of publication in the press, requesting to appear before a Chinese court, does not interrupt the time bar because the defendant cannot be made aware of it. In a slot allocation contract, the term when the time bar expires depends upon the agreement made between the parties. When the contract requires that the party providing slots is liable towards the cargo loaded within allocated slots only in case of vessel unseaworthiness, evidences of any such unseaworthiness must be shown up in order to make the party providing those slots liable for containers lost overboard. «Consuetudo, optima legum interpres».

Award N°1100 – Slot allocation contract – Time bar – Liability. A writ served by way of publication in the press, requesting to appear before a Chinese court, does not interrupt the time bar because the defendant cannot be made aware of it. In a slot allocation contract, the term when the time bar expires depends upon the agreement made between the parties. When the contract requires that the party providing slots is liable towards the cargo loaded within allocated slots only in case of vessel unseaworthiness, evidences of any such unseaworthiness must be shown up in order to make the party providing those slots liable for containers lost overboard. « Consuetudo, optima legum interpres ».