Societe De Distribution De Toutes Merchandises En Cote D'Ivoire (t/a "SDTM-CI") & Ors v Continental Lines N.V. & Anor

Societe De Distribution De Toutes Merchandises En Cote D'Ivoire (t/a "SDTM-CI") & Ors v Continental Lines N.V. & Anor

The words 'at the expense and risk of Shippers/Charterers' in clause 5 of the Synacomex 90 Form charterparty are sufficiently clear to transfer responsibility for loading and discharge to the charterers and cargo interests; responsibility for stowage remains with the carrier by virtue of the specific provision in clause 5.

Parties
Claimant: Societe de Distribution de Toutes Merchandise en Cote D’Ivoire trading as SDTM-CI; Claimant: Kouma Assitan; Claimant: Amlin Corporate Insurance N.V.; Claimant: AXA Corporate Solutions Assurance; Defendant: Continental Lines N.V.; Defendant: Genshipping Corporation
Jurisdiction
England and Wales
Judgment Date
18 June 2015
Procedural Posture
Commercial Cargo Claim / Preliminary Issue Determination
Outcome
Preliminary issue determined in favour of the carrier; responsibility for bad loading and discharge rests with charterers/cargo interests.
Legal Topics
Charterparty Interpretation, Allocation of Responsibility for Cargo Operations, Incorporation of Charterparty Terms Into Bill of Lading, Hague Rules Application
Maritime Law Contract Law Charterparty Interpretation Allocation of Responsibility for Cargo Operations Incorporation of Charterparty Terms Into Bill of Lading Hague Rules Application

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Parties

Societe de Distribution de Toutes Merchandise en Cote D’Ivoire trading as SDTM-CI

Claimant

Kouma Assitan

Claimant

Amlin Corporate Insurance N.V.

Claimant

AXA Corporate Solutions Assurance

Claimant

Continental Lines N.V.

Defendant

Genshipping Corporation

Defendant

Procedural Posture

Commercial Cargo Claim / Preliminary Issue Determination

Legal Issues

  1. 1 Whether clause 5 of the Synacomex 90 Form charterparty, as incorporated into the contracts of carriage, transfers responsibility for loading and discharge from the carrier to the charterers/cargo interests in clear terms

Ratio Decidendi

The words 'at the expense and risk of Shippers/Charterers' in clause 5 of the Synacomex 90 Form charterparty are sufficiently clear to transfer responsibility for loading and discharge to the charterers and cargo interests; responsibility for stowage remains with the carrier by virtue of the specific provision in clause 5.

Court Disposition

Preliminary issue determined in favour of the carrier; responsibility for bad loading and discharge rests with charterers/cargo interests.

Orders

  • To the extent that damage to the bags of rice was caused by bad loading and/or discharge (as opposed to bad stowage), that damage is the responsibility of the cargo interests who cannot recover in respect of such damage from the carrier.