London Arbitration 19/17

London Arbitration 19/17

“The Tribunal ruled that disponent owners could only recover from time charterers 50% of a cargo claim reimbursement and costs liability paid to head owners. The cargo claim (condensation damage to steels) arose not just through loading and stowing but also due to other reasons including the multiplicity of loading ports and the differing temperatures and conditions at those ports. The claim therefore fell under ICA paragraph 8(d) ("all other..."). The Tribunal declined to hold that it arose through charterers' act or neglect (so as to apply a 100% apportionment) particularly because the time charter specified the type of cargo, the range of ports and the time of year.”

Louise Glover
E. G. Arghyrakis & Co.
26th July 2017