| Award 1194

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.