In London Arbitration 11/08 – 749 LMLN 2 numerous disputes arose under a charter for the carriage of iron ore from a named Brazilian port to 1/2 safe ports China.
As regards the identity of the charterers, the tribunal considered the meaning of words used in the recap that ‘however [X] to remain ultimate responsible for the execution of c/p owners have accepted charterers’. Referring to various authority, it held that this meant that X retained primary responsibility, but that if this was wrong then X was a guarantor.
The claim for deadfreight considered the meaning of the lockout exception, finding that this refers only to employment-related disputes.
The claims for demurrage turned on charterers’ claim that the ship had to be in free pratique before a valid notice of readiness could be given. It was held that there was no evidence that the ship was in free pratique and this was something the tribunal would have expected owners to prove.