| Archives: June 2012

Award 1194 – C/P Synacomex 2000 – English law – Wheat in bulk – Discharging completed six months after arrival in Chittagong – Demurrage calculation in dispute – Charterer’s liability (yes). The voyage charterer is liable towards the ship owner for the failures and faults of his receiver. Therefore, the charterer, who asked to suspend the discharging as the cargo has not been paid by the receiver, is responsible for the waiting time. If the unauthorized partial discharge of the cargo constitutes a breach on the part of the ship owner, there is not a proven causal link between this breach and the delays incurred due to the lack of payment as shown by the decisions of the local tribunals. The arbitrators relied on the Statement of Facts to determine the demurrage account, excluding the period preceding the partial discharging in view of the terms “weather permitting” and rejected the charterer’s counter-claim.

Award 1193 – C/P Synacomex – Wet damage to a cargo of wheat in bulk – Refusal by receivers and port terminal to discharge part of the cargo – Distress sale by ship owner – Dispute on demurrage account. Having discovered some cargo to be damp, the receivers and terminal refused to discharge about one third of the cargo which they left to the ship owner who, after vessel waited several weeks on port roads, realized a distress sale and discharged it into the same terminal, leaving approximately thirty tons being ultimately rejected. Thus, the charterer and receivers failed to meet their fundamental obligation to discharge in full the cargo although they could have arranged to sort the undamaged cargo from the damaged cargo at the expense and time of the ship owner who was responsible for the damage. Demurrage calculation has been recalculated taking into account the partial liability the ship owner, and charterer who having abandoned the cargo could not profit from the sale proceeds.