| Archives: September 2009

Award N°1165 – 30/09/2009 – Supplytime C-P – Fasttrack procedure – Motto : « Criminal proceedings take precedence over civil proceedings » – Stay of proceedings (No). Following an engine breakdown and an off-hire period, a draft agreement acknowledging a monetary claim in favour of charterers was not honoured by owners who lodged a criminal complaint against charterers. The stay of proceedings requested by owners is not granted because the motto « Criminal proceedings take precedence over civil proceedings » is not applicable in case of international arbitration proceedings. Owners held liable to pay the undisputed monetary claim as evidenced in the draft agreement as well as other expenses borne by charterers.

Award N° 1163 – Synacomex C-P – Strike clause – Owners refusal to berth – Demurrage (No). In spite of a strike of dock workers, the decision of owners not to berth, although the berth was free, interrupts the running of laytime. Invoiced demurrage is not due.