| Archives: July 2011

Aw a r d 1 1 8 4 – C h a r t e r – P a r t y SYNACOMEX 90 – Beginning of laytime – Port closure due to weather conditions – Dispute on laytime calculation. The two parties disagreed about when time started to count and the inclusion of two days in laytime computation. In their award, the arbitrators relied primarily on the evidence of the statement of facts which had been signed by both the Master and the agent nominated by the charterer. Regarding the start of laytime, the arbitrators decided in favour of the owner on the basis of clause 8 of the Charter – Party and the date shown on the Notice Of Readiness. On the 2 days in dispute, they ascertained that the Statement Of Facts mentioned that the port was closed on account of weather conditions and that the words “weather working day”, meant that the days during which weather prevents the loading or discharging or would have prevented it, had work been in progress, should be excluded.

Aw a r d 1 1 8 5 – C h a r t e r – P a r t y SYNACOMEX – Wheat in bulk – Caked cargo found during discharging – Cargo damaged before loading – Charterers liability (yes). In this case, where the shipowner was the claimant, the arbitrators considered that the conclusions of survey reports constituted sufficient evidence to lead them to find that cargo damage discovered during discharge occurred prior to loading operations and that, according to the Charter-Party, the ship owner should not be held responsible. Charterers were found liable to indemnify shipowner’s financial losses and expenses, including loss of time during the ship’s arrest.