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The club was recently representing owners in an arbitration relating to an alleged off-hire in connection with a cargo of Nickel ore being loaded in Indonesia.  The matter concerned off-hire during loading, and was decided by a sole arbitrator as per agreement between the parties involved. The vessel was chartered on a standard NYPE-46 form and set out that cargo should be loaded in strict compliance with the IMSBC code. This is already mandatory under the SOLAS convention as per 1 January 2011. In the rider clauses it was stipulated that; Loading was to be carried out in strict conformity with the IMSBC code and the Nickel ore Transportable Moisture Limit (TML), Flow Moisture Point (FMP) and Moisture Content (MC) was to be provided to the Master as soon as possible and in any event before loading. Certificates for these limits should be issued not more than 3 days before loading. These should be issued by an internationally recognised testing authority. The Master was entitled to do a can test and if the test failed, he had the right to reject the cargo. He also had the option to have the cargo tested with the help of a P&I surveyor.  Any delays would be at charterers’ risk. The charterers claimed that the vessel was off-hire during some periods of time at the load port and deducted from hire accordingly. Owners objected that the Master was entitled to test, reject and wait for the cargo to dry out as per his own discretion in accordance with what was stipulated in the rider clauses. The tribunal agreed that Nickel ore was generally accepted as a “Group A” cargo as per the IMSBC code and therefore subject to requirements that the shipper is obligated to provide specific information regarding the cargo before loading. Charterers claim that the requirement of certificates issued by internationally recognised testing authorities was an unclear term, and should be void or if not it should be construed in charterers favour since owners had not properly def
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pi_circular Skuld ·2012-05-08

Nickel ore and related off-hire claims - protecting owners position

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