Award 1232 – C/P Synacomex – Voyage postponed – Conclusion of a second C/P – Unjustified charterer failure to perform – Article 13 of decree of 31 December 1966 – Compensation for the loss (yes).
The award was made in the absence of the respondent who did not reply to any summons of the arbitral tribunal.
A Synacomex C/P is concluded for the transportation of a wheat cargo from a south of France port to Italy. The charterer refuses to load the vessel, on account, according to him, of a case of force majeure and proposes to postpone the cancellation date against a similar charter-party with a freight rate increased by 1 euro in compensation for the failure to perform. Shortly after, the charterer advises, without explanation, this second voyage cannot be performed. Hence the shipowner’s claim for his loss to which the charterer did not respond.
The arbitral Tribunal referred to by the shipowner could only ascertain the charterer failure and condemned the latter to make good the loss on the basis of the article 13 of the decree of 31 December 1966 which states that a charterer may cancel the contract before the beginning of loading and must, in such a case, pay a compensation corresponding to the loss suffered by the owner, not exceeding the freight amount.
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