| Archives: November 2012

Award 1199 – C/P Synacomex 90 – Cargo of soyabean meals from Argentina discharged in Algeria – Shortage ascertained by port weighingbridge. Ship responsibility (no). Disponent owner indemnified for the amount paid under the Inter Club Agreement. Pursuant to clause 5 of the voyage charter-party which provides that cargo shall be discharged at the expense and risk of receiver and charterer, the disponent owner is not liable for cargo shortage resulting from movements of lorries between the discharging berth and the port weighbridge. Therefore, the charterer must indemnify the disponent owner, time-charterer of the ship, for what he had to pay to the ship owner under the Inter Club Agreement included in the time charter-party, on account of the amount the ship owner himself had to pay to the receiver’s insurer to whom he gave a guarantee in order to avoid the ship’s arrest.