This was an appeal1 on a question of law, under s.69
of the Arbitration Act 1996, regarding the interpretation of a
provision in the Inter-Club New York Produce Exchange Agreement
(ICA) and the corresponding distribution of liability between
owners and charterers for a cargo claim. The key issue was the
meaning of "similar amendment
making the master responsible for cargo handling" in
clause (8)(b) of the ICA. An interesting preliminary issue also
arose regarding the requirements for an appeal to be granted under
s.69.
Facts
In 2004, the vessel "MARIA" was chartered by the
claimant/appellant owners (Agile) to the defendant/respondent
charterers (Essar) on a time charter for a single trip from Tunisia
to India, via Trinidad. The cargo was a consignment of direct
reduced iron (DRI) and the charter was on the NYPE 46 form. Cargo
claims between the owner and the charterer were to be settled in
accordance with the ICA. In the course of loading, the conveyor
belt
