Award 1246 – C/P Synacomex – Negotiation for a second loading berth – Demurrage rate – Admissibility of the claimant’s action (yes) – Calculated lay time – Deposit paid into the CAMP bank account by the Charterer.
Before arrival at a South-American port, a second loading berth was negotiated between the Charterer and the Shipowner, who agreed subject to 5 conditions, 3 of which were agreed by the parties. After some time, the Shipowner invoiced the freight balance together with some demurrage at loading less despatch-money at discharging. In dispute were the claim’s admissibility challenged by the Charterer, the demurrage rate, the laytime calculation and some expenses related to the second loading berth. Meanwhile, the Charterer paid the amount he deemed due into the CAMP bank account, amount that was paid to the Shipowner after the plea hearing.
The Arbitral Tribunal declared the Shipowner’s action admissible in accordance with the charter-party. On the demurrage rate, which was one of the agreed points, and contrary to the Charterer’s contention whereby the negotiation should be considered as a whole and accordingly none of the 5 points of the negotiation were applicable as the parties had failed to finalize all 5 of them, the Tribunal deemed that the parties had indeed agreed a new rate but that the Charterer was right in having deducted some excepted periods both at loading and at discharge. On the costs, most of the Shipowner’s claims were dismissed. In the end the Tribunal granted the Charterer a sum under article 700 of the Civil Procedure Code and apportioned two thirds of the arbitration costs to the Shipowner and one third to the Charterer.