Onego Shipping & Chartering BV v JSC Arcadia Shipping

Onego Shipping & Chartering BV v JSC Arcadia Shipping

The Hague/Hague-Visby Rules apply to deck cargo under a charterparty only if the bill(s) of lading do not contain an on-deck statement as required by Article 1(c); Clause 13(b) of the NYPE 1993 Form does not provide Owners with an indemnity for loss, damage, or liability caused by their own negligence or breach of seaworthiness obligations, but only for loss, damage, or liability effectively caused by the carriage of deck cargo.

Parties
Claimant (charterers): Onego Shipping & Chartering BV; Defendant (owners): JSC Arcadia Shipping
Jurisdiction
England and Wales
Judgment Date
23 April 2010
Procedural Posture
Appeal Under Arbitration Act 1996, Section 69 / Judgment on Appeal From Arbitral Award
Outcome
Appeal allowed in part; Tribunal's construction of Clause 13(b) set aside; further orders to be determined after hearing counsel.
Legal Topics
Charterparty Interpretation, Hague/hague Visby Rules, Deck Cargo Liability, Indemnity Clauses, Exclusion of Liability for Negligence, Seaworthiness Obligations
Shipping Law Arbitration Contract Law Charterparty Interpretation Hague/hague Visby Rules Deck Cargo Liability Indemnity Clauses Exclusion of Liability for Negligence +1 more

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Parties

Onego Shipping & Chartering BV

Claimant (charterers)

JSC Arcadia Shipping

Defendant (owners)

Procedural Posture

Appeal Under Arbitration Act 1996, Section 69 / Judgment on Appeal From Arbitral Award

Legal Issues

  1. 1 Whether the Hague/Hague-Visby Rules apply to deck cargo under a charterparty absent an on-deck statement in the charterparty or bill of lading
  2. 2 Proper construction of Clause 13(b) of the NYPE 1993 Form regarding indemnity for loss, damage, or liability related to deck cargo, including where caused by owner's negligence or unseaworthiness

Ratio Decidendi

The Hague/Hague-Visby Rules apply to deck cargo under a charterparty only if the bill(s) of lading do not contain an on-deck statement as required by Article 1(c); Clause 13(b) of the NYPE 1993 Form does not provide Owners with an indemnity for loss, damage, or liability caused by their own negligence or breach of seaworthiness obligations, but only for loss, damage, or liability effectively caused by the carriage of deck cargo.

Court Disposition

Appeal allowed in part; Tribunal's construction of Clause 13(b) set aside; further orders to be determined after hearing counsel.