| Archives: May 2008

Award N° 1155 – Second degree – « Sugar » c-p – Refusal of the Master to discharge in spite a letter of indemnity (LOI) was tendered by the charterer – Loss of time – Demurrage due by the charterer. The c-p clause providing for discharging the cargo against a LOI in the absence of the original b-l does not create an absolute right for the charterer to have the cargo discharged, insofar as the cargo situation was not regularised because the charterer (FOB buyer) has not paid its seller. The clause cannot legitimate a fraud in the rights of a third party. The charterer is ordered to pay demurrage caused by the loss of time waiting for the cargo to be paid.

Award N°1154 – Second degree – « Asbatankvoy » c-p – Damages to the vessel – Late delivery of the cargo – Unseaworthiness – Owner negligence – Commercial prejudice. A disponent owner (time-charterer) bears towards the voyage charterer all liabilities of the registered owner. He cannot be exonerated from its liabilities (nor benefit from the limitation of liability) when the vessel is unseaworthy because he was negligent in the management and operation. He must compensate the commercial prejudice suffered by the charterer because of the delay of the vessel and the delivery of the cargo.