| Archives: December 2012

Award 1200 – C/P Synacomex 90 – Freight payment in wrong currency – Claim for refund – N.O.R. remittance on roads – Letter of indemnity (L.O.I.) – Overage exemption certificate (O.E.C.) – WIFPON clause – Laytime computation. The Charterer requested a refund after having paid freight erroneously in euros instead of US dollars. However, the Owner refused, maintaining he could offset the overpayment against demurrage allegedly due to him. The vessel gave her N.O.R. on arrival on roads as she could not go alongside because the Charterer had not yet issued an L.O.I., which was required as the bill of lading was missing. But, on the other side, the owner had not shown to port authorities the exemption certificate requested due to the vessel’s age. The arbitrators decided that, according to the WIFPON clause, the vessel was entitled to remit her notice on roads and that laytime computation should continue until the L.O.I. was delivered by the Charterer. Then, laytime was to be suspended until remittance by the Owner of the O.E.C. In view of his attitude, the Owner was ordered to pay legal interest on the amount to be refunded, a sum by virtue of Article 700 of the Code of Civil Proceedings and three quarters of the arbitration expenses.