Award 1244 – During discharging, shock between a gantry crane and a containership crane – Legal interest – Subrogated insurers – Stevedore’s liability – Ship-board duty of supervision.
The gantry crane used for discharging a containership, when proceeding to an adjustment, ran against one vessel’s crane, causing some damages. After provisional repairs, the crane was overhauled during a further call. The shipowner and his subrogated insurers claimed to be indemnified for the repairs costs and ensuing expenses while the stevedore opposed the claim inadmissibility, the crane wrong positioning and the lack of supervision by the duty officer. Relying upon the stevedoring contract and the subrogation documents, the arbitrators firstly dismissed the challenges to inadmissibility. In the
absence of a local port regulation related to the positioning of the crane boom and referring to the rules of good practice and vigilance of the intervening parties, they considered that the gantry crane driver was the main responsible for the event, however this responsibility should be mitigated by 10 % as the duty officer or the chief officer should have exercised a more precise supervision. On the claimed sum, they have granted the claimant the amount of produced invoices and expenses except those not directly linked to the damages. They decided the stevedore shall bear the full expenses of the arbitration and pay a sum by virtue of article 700 of the Civil Procedure Code.