| Award 1099

Award N°1099 – Multiple parties and contracts – Applicable law – Grounding – Safe port clause – General average. National laws applicable to the various contracts are not directly prone to govern claims arising out of an event, resolution of those claims must first be found in applying clauses contained in contracts as well as in applying international rules of understanding, flowing from safe port or York & Antwerp Rules common practice. A shoal with no marking buoy renders the contemplated port unsafe. Be it time or voyage charterer as per relevant contracts, the party which guaranteed the safety of the port must bear the financial consequences of the grounding. The claim lodged by the owner of the ship against the cargo receiver and its insurer is acceptable as a general average claim.