COMPANIA SUD AMERICANA DE VAPORES SA v SINOCHEM TIANJIN IMPORT AND EXPORT CORPORATION (THE “ACONCAGUA”)

[2010] 1 Lloyd's Rep. 1

QUEEN’S BENCH DIVISION (COMMERCIAL COURT)

Before Mr Justice Christopher Clarke

Carriage by sea — Dangerous cargo — Explosion of cargo of calcium hypochlorite in container — Cargo stowed near bunker tank — Crew heating bunker tank during voyage — Charterers settling claim brought by shipowners — Whether charterers entitled to indemnity from shippers — Whether charterers ought to have known that cargo was dangerous — Whether heating of bunker tank causative of explosion — Meaning of requirement to stow dangerous cargo “away from” source of heat — Whether charterers in breach of seaworthiness obligation — Whether loss arose from excepted peril — Hague Rules article IV, rule 6 and article IV, rule 2(a).