| Archives: May 2005

Award N° 1112 – Clean on board bills of lading. When a c-p provides for clean on board bills of lading to be issued, the Master has the right to reject unsound cargo or to have it discharged. In such case, the Master must act promptly and in good faith, otherwise the vessel is liable for the time lost and additional expenses.


Award N°1113 – Time charter – Final account – Assignment – Time bar. Further to the redelivery of time-chartered vessels, owners having assigned their debts, the Arbitration tribunal found that no specific rule is required for the assignment to be valid. The one-year time bar does not apply because it was interrupted following a partial payment made by the debtor.

Award N°1109 – (Second degree) Fire in cargo – Undeclared general average. Following a fire extinguished with sea water, a cargo of paper has been damaged. Although the owner did not declare general average, arbitrators decided to make reference to the customs of the trade, thus applying, as a scheme, the York & Antwerp Rules in order to determine the amount of the indemnity an adjuster would have ascertained in such an occurrence.