| Archives: May 2007

Award N°1140 – Gencon c/p – Identity of parties – Chartering broker, party to the contract and acting as charterer (Yes) – Party acting on behalf of the receiver (No) – Demurrage. A vessel was chartered through three intermediaries for four consecutive similar voyages (rotation & cargo). Each of the four voyages was performed in accordance with four chartering recaps, based on the same proforma c-p. The third intermediary which, prior to the chartering of the vessel, entered into a contract with the receiver for services, wider than the only shipping leg of the operation, at a much higher price having nothing to see with the freight rate, acted as the counterpart of the owner and must be understood as being the charterer. It is incumbent upon this alleged chartering broker to bear responsibilities arising form the chartering of the vessel. On another hand, it is groundless for the owner to claim that the intermediary acted as an apparent representative for the receiver, thus rendering them responsible for the chartering of the vessel, since the appearance of being the charterer cannot be attributed to any action taken by the receiver and that it was possible for the owner to know the reality of the facts beforehand.

Award N°1139 – Gencon c/p – Notice of readiness – NOR regularly tendered (Yes) – Laytime – Time not to count – Holds rightly rejected because of the specific characteristics of the cargo – Demurrage – Time counting. Since the NOR was tendered by the Master from roads in accordance with c-p terms, time started counting on the same day and not, as alleged by the charterer, at the time loading operations began. Laytime has been interrupted from the time holds were rejected until they were definitely accepted for loading. Bulk ammonium nitrate and urea both require that holds must be dry and absolutely clean prior to commence loading, and these requirements should have been known by the owner.