Clearlake Shipping PTE Limited (Appellant) v Privocean Shipping Limited (Respondent) [2018]

Commercial Court
Written By Louise Glover

Clearlake Shipping PTE Limited (Appellant) v Privocean Shipping Limited (Respondent) [2018] EWHC 2460 (Comm) —15 May 2018 (Mrs Justice Cockerill)

“For the carriage of soya beans pursuant to an NYPE T/C, the Master insisted on a stowage plan involving strapping cargo in a slack hold. The issue was the cost and time of that operation, amounting to some USD410,000. Arbitrators found that the Mas…

“For the carriage of soya beans pursuant to an NYPE T/C, the Master insisted on a stowage plan involving strapping cargo in a slack hold. The issue was the cost and time of that operation, amounting to some USD410,000. Arbitrators found that the Master's requirement was unfounded, unnecessary and a breach of CI.8 but ruled that Art.IV r.2(a) of incorporated US COGSA excused Owners. The Court dismissed Charterers' appeal against that ruling, agreeing with the Tribunal that what motivated the Master was stability of the Vessel, thus his insistence was management of the Vessel and not the cargo.”

Louise Glover
E. G. Arghyrakis & Co.
24th October 2018

Louise Glover
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