| Archives: November 2011

Aw a r d 1 1 8 7 – C h a r t e r – P a r t y SYNACOMEX 90 – Damage caused by stevedores – Claim directly against charterer – Admissibility (no). A SYNACOMEX 90 voyage Charter-Party includes a typed clause stating that, in the event of damage caused by the stevedores, the shipowner must submit his claim to the stevedores in the first instance before being able to make a claim against the charterer who is ultimately responsible if the claim against the stevedores fails. By claiming directly against the charterer without claiming against the stevedores, the shipowner disregarded the obligation imposed by the type clause. Consequently his claim against the charterer must fail.