London Arbitration 22/19

London Arbitration 22/19

“A charterparty for the carriage of logs contained a clause, 66, which made the tendering of NOR at loadport conditional on Owners' promise that "...the Vessel's holds will be clean, dry and free of cargo residues...". Upon arrival at loadport the vessel's holds were found to be infested and the authorities ordered fumigation. Although Owners contended that infestation was not contemplated by clause 66, the Tribunal held the NOR invalid as the presence of insects was in any event a breach of the duty under common law regarding the condition of the holds and the vessel was not ready until fumigation had been completed.”

Antonino Cordopatri
E. G. Arghyrakis & Co.
23rd October 2019