AWARD ON THE DISPUTE OVER FREIGHT FOR MV “SANKO RALLY”

[2020] 4 CMCLR 50 (CMAC)

CHINA MARITIME ARBITRATION COMMISSION(SHANGHAI)

Freightage – Cargoes were found damaged severely at the port of discharge, resulting in demurrage – Whether the contract involved was a voyage charter or a whole-course carriage service contract (multi-modal transport contract) – Who should bear demurrage charge and who should compensate for anticipated profit loss – Majority of the arbitrators think that it was a voyage charter – Claimant was the owner, not responsible for cargoes loss – Respondent was the charterer and it shall bear the demurrage charge – Maritime Code of the People's Republic of China (the Maritime Code).