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03 AUG 2026 MONDAY
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A recent London arbitration has decided a dispute concerning whether delay in loading caused by stevedores was the liability of the owners or charterers. The vessel, a bulk carrier with five holds, was chartered on an amended Gencon form for the carriage of a cargo of urea in bulk from the Ukraine to Ecuador and Peru. A number of disputes arose between the parties, one of which was the time spent at the loading port where the vessel was delayed due to stevedores’ failing to follow master’s instructions. The C/P on the Gencon form included a rider clause stipulating that: “Cargo to be loaded by charterers/shippers’ stevedores, free of expense to the owners at an average rate of 8,000 MT per weather working day… The cargo to be stowed in vessel’s holds as customary and no cargo to be stowed in bunkers, deep tanks, reefer space or other unusual places not easily accessible… Cargo to be trimmed as per custom of the port only and any extra trimming required to be for owners’ account and time.” During loading, cargo operations were stopped by the vessel’s master, who had issued a letter of protest to the charterers’ port agents. In this letter of protest, the master stated that “the stevedores do not follow the master’s and chief mate’s instructions for loading and they do not follow the provision (sic) cargo plan which submitted by master prior to commence loading. For your information, they load in number 3C over 342 m/tons. I therefore protest for the above condition and I hold stevedores and shippers fully responsible for all the consequences. Due to the above condition I am obliged to stop the loading operation and to calculate again the loading cargo plan.” The  charterers   argued that the stevedores were working under the master’s instructions and cargo plan, and charterers therefore denied that the stoppage in operations was for charterers’ account. The  owners  argued that trimming as per the custom of the port was for charterers’ account and
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pi_circular Skuld ·2005-11-07

Liability for delay in loading caused by stevedores

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