London Arbitration 1/20

London Arbitration 1/20

“Having paid a 2006 cargo claim as ordered by appellate Brazilian Courts in 2017, Owners claimed indemnity from Charterers under Clause 10 of an amended GENCON Form. Charterers argued that by then the claim had become time-barred. The tribunal held …

“Having paid a 2006 cargo claim as ordered by appellate Brazilian Courts in 2017, Owners claimed indemnity from Charterers under Clause 10 of an amended GENCON Form. Charterers argued that by then the claim had become time-barred. The tribunal held by majority that the obligation of Charterers to indemnify Owners against "all consequences or liabilities" meant that time started running from payment of the cargo claim which was the consequence of signing bills more onerous than the terms of the Charterparty.”

Angeliki Georgouli
E. G. Arghyrakis & Co.
04th March 2020

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