| Archives: April 2005

Award N°1110 – (Second degree) Slot charter – Damage to refrigerated goods stowed in a container.In a slot charter, the onus of proof that the owner failed in some of its obligations stays with the charterer. The charterer appears to be unable to provide any evidence that the cold chain has been interrupted during the voyage. Anyhow, arbitrators decided that there was a joint liability, the owner having not been diligent enough in the operation and maintenance of the container.

Award N° 1108 – (second degree) Collision. A collision occurred in an entrance channel to a port between an incoming ro-rocarrier and an outgoing coaster. Both ships violated the same rules of the International Regulations for Avoiding Collisions at Sea (COLREGS) but the arbitral. Tribunal found that the ro-ro carrier bears a more important share of responsibility (55% against 45% for the coaster) because of her failure to properly carry out the ultimate evasive action to avoid the collision. « Da mihi factum, dabo tibi jus ».