| Archives: March 2005

Award N° 1111 – Syncomex c-p – Safe port/berth. During bad weather periods, port authorities must provide all necessary resources to the vessel in order that the port/berth remain safe, on the other hand, the Master has a continuing obligation of diligence in the operation of the vessel. Because not enough lines were available on board to double up and because the vessel did not leave the berth as planned when nothing prevented her to do so, the owner will bear the responsibility for damages resulting from the bad weather. The sole arbitrator did not accept the charterer’s argument by which the 1924 Brussels Convention incorporated into the c-p should have rendered null and void the “safe port” clause. The Convention did not apply to the relationship between the owner and the charterer which remains governed by the c-p.

Award N° 1106 – Rejection of cargo found polluted by the Captain. The charterer cannot require a clean bill of lading because the level of impurities contained in the wheat cargo is found lower than the stipulations of the contract of sale. In order to issue such a clean bill of lading, the Captain is entitled to call for the polluted cargo to be replaced by sound cargo. The Captain must present this request as quickly as possible in order not to increase the prejudice.

Award N° 1107 – (Second degree) Wet damages – Authorities denying permission to discharge. Because of wet damage by sea water of a very limited tonnage of wheat, the entire cargo contained in a hold is rejected and sold in salvage. The prejudice, in this specific case, has to be shared on a 50/50 basis between the owner and the charterer, save for the cost of damages relating to the impaired tonnage of wheat which are borne by the owner only.