| Award 1222

Award 1222 – 2nd degree – C/P Synacomex 90 – Addendum to contract – Non reversibility between discharging ports – Laytime as a reward for freight (yes). As a wheat cargo could not be discharged in the port designated in the charter-party, the parties agreed to di scharge in another port according to anaddendu stipulating new discharge conditions and additional freight. The parties were disputing the calculation of time in the first port, the shipowner asserting that no discharge having taking place, the waiting time should be counted entirely as demurrage while the charterer considered that he should benefit from the laytime as agreed in the charter-party. The arbitrators reminded the parties that stipulations not modified by an addendum remain valid and compelling for both parties. In this case, the addendum being silent on the laytime at first port but specifying that times allowed in each port should be non-reversible, it followed that two separate time accounts should be drawn up and that charterer should profit from the time allowed in the first port by the charter-party as a reward for the freight agreed.