London Arbitration 3/20

London Arbitration 3/20

“The Tribunal held that, notwithstanding expiry of 24 months from delivery of the cargo, Time charterer's iCA claim against Owners was not time barred by paragraph 6 of the iCA. Charterers had informed Owners by various emails of the merchant's intended cargo claim — water damage due to the vessel's crew negligence -despite not being able to substantiate the details required by the paragraph, such as "the contract of carriage, the nature of the claim and the amount claimed". However, the Tribunal found that paragraph 6 simply required a "written notification of the cargo claim" for the validity of the recovery and the obligation of providing details — characterised by the words If possible — did not give rise to the barring sanction. Therefore, while the absence of any written notification would bar the recovery claim, the absence of details in relation to it would be of no effect.”

Antonino Cordopatri
E. G. Arghyrakis & Co.
13th May 2020