| Award 1181

Award 1181 – Synacomex – Voyage Charter – Damage to cargo – Charterparty Bill of lading with no heading – Disponent owner – Identification of the Carrier. Further to damage by water ingress to the cargo, with a bill of lading without heading, all facts necessary for the appreciation and for the research in praxis by the Arbitrators of the identification of the Carrier, are taken into account. The company, disponent owner, had acquired the commercial management of the ship and had especially been a creditor of the freight settled by the CAF seller of the cargo, the voyage charterer. Furthermore, the buyer of the cargo, who had introduced the case, had knowledge of the terms of the Charter. The facts demonstrated that only the disponent owner under the Synacomex charter-party and time charterer of the ship had the quality of Carrier. As for the origin of the damage, cargo moisture and the meteorological circumstances of the voyage did not allow to establish an exemption from responsibility of the carrier.