| Archives: March 2008

Award N°1152 – Second degree – « Baltimore form C » c-p – Contamination of a soya bean meal cargo – English law to apply – Charterer and receiver part of the same group of companies – Which legal system has relevance ? Although the parties have agreed to give jurisdiction to the CAMP, they have not changed the law mentioned on the b-l on which theapplication was introduced before the CAMP ; as a result English law was applicable. When the b-l has not circulated outside the group of companies to which belong the charterer and receiver, the latter cannot ignore the details of the charter-party incorporated into the b-l. The liability regime applicable to the owner/carrier is the Brussels Convention subject to c-p terms and it is only bound by a best endeavours obligation. The owner/carrier cannot be held liable for cargo damages which, most probably, were pre-exisiting to the loading operations.

Award N°1151 – Second degree – Unsigned « Synacomex » c-p – Jurisdiction – Validity of the notice of readiness (NOR) – Refusal to discharge against a letter of indemnity (LOI). Although the c-p was unsigned, the contract having been executed, its validity remained unaltered as well as its arbitration clause giving jurisdiction to the CAMP. Upon arrival on the roads and tendering of the NOR, the berthing was not scheduled before results from samples testing were obtained, therefore the berth was not « at the disposal of the vessel ». If it was not because of a reason due to the owner that the berthing was prevented, the nautical and meteorological risks have not to be borne several times by the vessel. Time stopped counting for time lost as the Master refused to discharge against a LOI which was presented to him in accordance with c-p terms.