| Archives: May 2006

Award N°1130 – Synacomex c/p – Grounding – Safe port/berth – Obligation to continue the voyage. It is not enough for a port to be unsafe that a vessel, because of a strong current, broke her mooring ropes and run aground on nearby rocks. The main cause of this accident stands with an inappropriate handling of the ship while adjusting mooring lines. Besides, the owner was obliged to continue the voyage upon completion of repairs and charter-party cancellation was made at owner’s harm and prejudice.

Award N°1129 – Damages to steel products – Perils of the sea – Carrier’s responsability. Mate’s receipts in respect of a cargo of steel products were claused «wet and dirty». Chloride tests having been negative, owners were not responsible for resulting rust damages to the cargo. When there are evidences that cargo stowage has been carried out properly by professionals, damages flowing from cargo shifting in very bad weather amount to perils of the sea. The carrier’s fault may however combine with the perils of the sea exception because the vessel maintained her heading towards the second discharging port without taking appropriate steps to protect the cargo.

Award N°1129 – Damages to steel products – Perils of the sea – Carrier’s responsability. Mate’s receipts in respect of a cargo of steel products were claused «wet and dirty». Chloride tests having been negative, owners were not responsible for resulting rust damages to the cargo. When there are evidences that cargo stowage has been carried out properly by professionals, damages flowing from cargo shifting in very bad weather amount to perils of the sea. The carrier’s fault may however combine with the perils of the sea exception because the vessel maintained her heading towards the second discharging port without taking appropriate steps to protect the cargo.