| Archives: August 2004

Award N° 1102 – (Second degree) Obligation to discharge – Safe port. While discharging a bulk wheat cargo in Algeria, wet damages were ascertained in hold n°1. Even though Owners remain responsible for the consequence of the wet damages, Charterers must not attempt to escape from their obligation to discharge the full cargo – including the damaged cargo – by referring to the restraint of Princes or the force majeure clauses. On the other hand, Owners cannot claim that the port is unsafe, only because the vessel had to temporarily leave the berth due to bad whether.