casualty_report Insurance & claimsOperational risk Charter Party Disputes
Grounding- Payment Under General Average Contributions Aug 31, 2023 4 min read In this arbitration, the Claimants claimed US$ 192,285.72 for payment under General Average contributions, for which they said the Respondents were liable. The dispute was referred to arbitration in London as agreed under the law and arbitration clause in the contract. Given the Respondent’s failure to participate, the arbitrator accepted the appointment as sole arbitrator with LMAA Terms 2017 to apply in the reference. The vessel was chartered under an amended NYPE 1993 and sub-voyage chartered under an amended Gencon 1994 form for a voyage “1sp Fangcheng/lsa at Mississippi River – int Associated Terminals Meraux Buoy (mile 85-87), and, in chopt, and 1-2sb in Houston” (the ‘Voyage Charter’). The intended cargo (as stated in the recap) was various consignments of different grades of barite ores, some bagged and some bulk, plus one single hold of crude talc ores. Fifteen different Congen 1994 Bills of Lading were issued in respect of the Cargo in draft form at Fangcheng. The ‘draft Bills’ identified between them, three different consignees (‘Cargo interests’). The Respondents were the named Consignees under the Bills numbered xxx(redacted) to yyy (redacted) . The draft Bills incorporated inter alia “ All terms and conditions..of the charterparty..” expressly that “ General average shall be adjusted…according to York-Antwerp Rules 1994, or any subsequent modification thereof, in London unless another place is agreed in the Charter Party. Cargo‘s contribution to General Average shall be paid to the Carrier even when such average is the result of a fault, neglect or error of the Master, Pilot or Crew. The Charterers, Shippers and Consignees expressly renounce the Belgian Commercial Code, Part II, Art. 148 ” Clause 12 of the Voyage Charter read as follows: “ 12. General Average and New Jason Clause General average shall be adjusted in London unless otherwise agreed in Box 22 according to York
Grounding- Payment Under General Average Contributions
Charter Party Disputes
Read full article at Charter Party Disputes →
Opens Charter Party Disputes in a new tab