Award N°1134 – Arbitration wrongly brought against an owner which was not a party to the c-p to which the arbitration clause refers – Lack of jurisdiction of the arbitration Tribunal. The Tribunal denied jurisdiction to rule on the merits of the claim introduced by underwriters, subrogated in the rights of the consignee, against vessel’s master and owner in respect of the total loss of cargo resulting from the sinking of the vessel. The action is groundless and should have been directed against the time-charterer which was the carrier inasmuch that the consignee cannot ignore the involvement of the time-charterer because underwriters based their request for arbitration on the arbitration clause of the c-p which clearly mentioned those timecharterer.
16, rue Daunou 75002 PARIS