| Archives: November 2007

Award N°1147 – Second degree – Maritime agency contract – Cancellation – Compensation (Yes). Upon the one-sided cancellation of a maritime agency contract, the agent claimed compensation. According to French law, which was agreed between the parties, and to the Rome Convention of 19th June 1980, the Tribunal decided that the dispute shall be submitted to the terms of the French Code of commerce (article L134 and others on the status of commercial agents). The contract indicates that the compensation is included in the agent fee, but its amount is not explicitly stated. It is up to the Tribunal to fix it for good, taking into account the duration of actual service and the achievement obtained by the agent to the economic growth of its principal.

Award N°1148 – Voyage charter – Identity of one party – Non-performance. A valid contract exists when chartering negotiations were confirmed by email, although the c-p was not drafted. The operator which negotiated and subsequently denied being a party to the contract when no vessel was nominated, is acting as the disponent owner, responsible for the consequences of the non-performance. The prejudice borne by the charterer is based on the freight differential for the substitute vessel, but it should be reduced because of the partial failure of the charterer to mitigate damages.

Award N°1149 – Transport of bagged rice under b/l – Letter of indemnity – Damages and shortage – Owner liable as being the carrier. Damages and shortage were ascertained on a cargo of bagged rice. The owner, maritime carrier identified on the b/l, was held responsible in accordance with the terms of the 1924 Brussels Convention and condemned to reimburse the amount of the prejudice borne by the subrogated underwriters in the rights of the consignee.