| Archives: October 2005

Award N°1118 – Synacomex c/p – “Clean on board” bill of lading. When a charter-party requires the release of a “clean on board” bill of lading, the Captain is entitled to reject any cargo showing defects and require it to be replaced in accordance with charter-party terms.

Award N°1117 – Agency contract – Cancellation – Indemnity claim. Arbitrators, having to define what was an agency contract for freight gathering and collecting, found that, in order to enjoy the protected status of commercial agents as stipulated by article L134-1 of the commercial Code, an agent must provide services continuously on account of an owner. It happened that the agent had entirely sub-contracted such task.