| Archives: November 2008

Award N°1157 – Synacomex charter-party and bill of lading – Bulk maize – Cargo shortage – Liability of the owner as sea carrier. FIO and draft survey clauses of the c-p cannot be put forward against the cargo receiver which had no prior knowledge of them. The owner, as sea carrier, is liable for cargo shortage as evidenced after weighing through the port scale.

Award n°1157 – Synacomex charter-party and bill of lading – Bulk maize – Cargo shortage – Liability of the owner as sea carrier. FIO and draft survey clauses of the c-p cannot be put forward against the cargo receiver which had no prior knowledge of them. The owner, as sea carrier, is liable for cargo shortage as evidenced after weighing through the port scale.

Award N°1158 – Synacomex charter-party – Bulk maize – Cargo shortage – Action for indemnity against the charterer to guarantee any court decision against the owner – Owner performing its obligations – Guarantee required from charterers was well-founded. Cargo weight measured by draft survey, in accordance with c-p terms, is roughly similar at discharging port than at load port. The owner, having performed its obligations, should be guaranteed by the seller/charterer from having been condemned as sea carrier to indemnify the cargo receiver.

Award N°1159 – Sale contract for yachts – Partial non-performance – Cancellation clause. A contract of sale provides for the newbuilding of two yachts and that two similar second hand yachts would be made available during the shipbuilding period, along with a payment schedule. Several buyer’s obligations having not been met – especially non-payment of due instalments – arbitrators, based on the cancellation clause, decided the rescission of the contract in favor of the seller. The parties must be restored in the respective position as they were prior to the conclusion of the contract.