ARTICLE · 19 APRIL 2018

Voyage Charter - Meaning Of "Always Accessible"

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The Aconcagua Bay was voyage chartered for the carriage of cargo from the US Gulf. The charter provided ...

United KingdomTransport

Michael Bundock

Joanne Champkins

p>The Aconcagua Bay was voyage chartered for the carriage of cargo from the US Gulf. The charter provided:

"Loading port or place ... 1 good safe berth always afloat always accessible ..."

Whilst the vessel was loading, a bridge and lock were damaged and the vessel was unable to leave the berth for 14 days after she had completed loading. Owners claimed from charterers damages for detention for the period of delay.

The issue was whether the warranty in a voyage charter that the berth is "always accessible" means that the vessel is always able not only to enter, but also to leave, the berth. The arbitrator found that the warranty referred to entry only, and not to departure. Owners appealed.

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