Award 1249 – C/P Heavyliftvoy –- Joinder of actions – Ship chartered by freight forwarder for loading a patrol vessel – Damage to the patrol vessel’s hull – Claim for compensation from the carrier by the freight forwarder and its insurer – Claim for payment of shipowner’s demurrage to the charterer -– Shipowner’s liability (yes) – Freight forwarder exempted from paying demurrage.
Charter party Heavyliftvoy qualifies the disponent owner as carrier. While a patrol vessel was being hoisted on board, the hard chine of its hull was dented at the points where the slings were used. The on-board repairs were completed a few days later. The patrol vessel was then shipped to its destination without hindrance. In respect of the first
action, the charterer and its insurer were claiming full compensation for the damage from the carrier, whereas in the second action the carrier was claiming demurrage for the port time during the repairs.
The Arbitral Tribunal ordered the joint of the two actions, which was not contested by the parties. It was ascertained that the charter party had specifically planned to use flat straps 60 centimetres wide, whereas the shipowner used steel braided cable slings, which dented the hard chine areas of the hull. Accordingly, the Tribunal found that the carrier was fully liable for the damage and had to pay the claimants the sums they claimed, and that the carrier alone was liable for the ship’s port time and consequently that the charterer was exempted from paying demurrage. Moreover the Tribunal ruled that the carrier should pay the claimants a sum under article 700 of the Code of Civil Procedure and should bear all the costs of arbitration.
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