London Arbitration 4/19 — [2019]

London Arbitration 4/19 — [2019] 1022 LMLN 1

“The incorporation of the ICA in a time charterparty meant that both parties agreed to the definition of "cargo claims" as "claims for loss, damage, shortage...overcarriage of or delay to cargo". A tribunal considered that there was no reason to giv…

“The incorporation of the ICA in a time charterparty meant that both parties agreed to the definition of "cargo claims" as "claims for loss, damage, shortage...overcarriage of or delay to cargo". A tribunal considered that there was no reason to give a different meaning to those words elsewhere in the charterparty, including an addendum clause rendering Charterers fully liable for all "cargo claims". Unsuccessfully, Charterers argued that a claim for diminution in value of the cargo due to the vessel's delay fell outside the meaning of the addendum clause.”

Amandine Guignard
E. G. Arghyrakis & Co.
06th February 2019

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