Award N°1119 – Amwelsh c/p – Wet damages – Non watertight hatch covers – Bad weather non excepted case. In case of sea water damages to a cargo of petcoke, the owner cannot deny being responsible, alleging that the vessel faced extraordinary bad weather conditions amounting to an excepted case, above all because the damage resulted from non watertight hatch covers.
Award N° 1121 – Sugar c/p – Letter of undertaking – Jurisdiction – Stevedores as owners’ servants. The arbitration Tribunal has competence over its own jurisdiction resulting of the negotiations for the issuance of a letter of undertaking. This jurisdiction cannot be considered as having been exacted under hardship. When a charter-party provides that stevedores are deemed to be owners’ servants, the owner is contractually responsible for the stevedoring operations.
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