London Arbitration 23/22

Owners settled cargo interests’ claim (heat damaged soybeans) and sought 100% contribution from Time Charterers pursuant to cl.8 of the ICA (incorporated into the C/P) on the basis that there was “clear and irrefutable evidence” that the cargo was loaded with excessive moisture content, thus of Charterers’ neglect.  The Tribunal, whilst finding the settlement reasonable (cl.4 ICA), nevertheless awarded Owners just 50%, there being no “clear and irrefutable evidence” of Charterers’ neglect, indeed rain wetting due to Owners’ failure promptly to close hatch covers was equally possible, if not likely.