Telfair Shipping Corpn. v. Inersea Carriers S.A. (The Caroline P.) - Q.B.D. (Com.Ct.) (Lloyd J.) - 11 March 1983

Arbitration - Whether shipowners prevented from pursuing cargo indemnity claim because of previous arbitration award under same charterparty

In 1975 the vessel Caroline P. discharged a cargo of rice in bags at Basrah in Iraq. Some of the bags were found to be torn and the cargo damaged, and the receivers brought a claim in the Iraqi courts against the plaintiff shipowners. The shipowners informed the defendant time charterers of the claim, and asserted that the damage was attributable to bad stowage and was therefore the charterers’ responsibility under clause 8 of the NYPE form. In 1981, the Cassation Court of Iraq gave judgment against the shipowners.