| Archives: April 2004

Award N°1094 – Assistance at sea. A vessel who brings help to another vessel suffering from an engine breakdown close to the windward rocky coast of a Caribbean island carries out an operation of assistance. In the absence of a contract of assistance, reference is to be made to the complementary provisions included in the law of 7th july 1967 in order to determine the amount of the assistance remuneration.

Award N°1095 – Second-hand ship sale – Waiver of recourse. The buyer of a fishing boat which accepted a waiver of recourse clause against its seller cannot claim for an indemnity when alleging an intentional deception, if it cannot provides an evidence of a fraudulent intention, or for hidden defects of an engine, if it did not inspect and survey, in a thorough professional way, the condition of the engine of the second-hand fishing boat prior to her delivery.