| Archives: June 2005

Award N° 1116 – Synacomex c-p – Vessel failing to arrive at loadport – Cargo shortage. The arrest of a vessel as a guarantee against cargo damages cannot be understood as being a «restraint of Princes» and does not entitle the owner to fail to present her at the next loading port. When the c-p provides for stevedores to be Master’s servants, the owner is liable for cargo damage and shortage due to bad stevedoring operations.

Award N° 1114 – (Second degree) Ship’s cranes at the disposal of the charterer. The charterer must not damage the vessel when using her cranes. However, having failed to inform stevedores that the safety devices of a crane were disconnected and failed to supply the operation booklet as imposed by the ISM Code, the owner is partly liable of the damage to the crane.

Award N° 1115 – Barecon c-p – Unpaid hire. A defaulting charterer, not paying hire and showing a deceptive behaviour by hiding the geographical position of both vessels after the legitimate cancellation of the c-p, must not only remit unpaid hire in full but also be liable for penalties because of late redelivery, as provided for by the governing law (Algerian law in the case).