Onego Shipping & Chartering BV v JSC Arcadia Shipping ('The M/V Socol 3') [2010] EWHC 777 (Comm)

Johanna Hjalmarsson

On-deck statement in bill of lading but not in charterparty

Facts and arguments

The claimant charterers appealed an arbitration award in relation to a time-trip charter of Socol 3 on an amended NYPE 1993 Form. The charterparty stated that cargo would or might be carried on deck, but not what cargo or how much (known as an ‘on-deck statement’). Deck cargo had been lost and the vessel had taken refuge at the port of Halmstad. The arbitration tribunal had found three causes of the loss: (1) an inadequate method of stowage of the deck cargo; (2) unsatisfactory lashing equipment and inadequate care of the lashings during the voyage;and (3) the instability of the vessel. The award allowed owners’claims for hire during the period at Halmstad; dismissed charterers’ claims for expenses relating to discharge and restowage; and ordered charterers to indemnify owners in respect of any cargo claims.