London Arbitration 17/94

Claim for deadfreight - Broken stowage - Charterparty providing for stowage factor of 60 cu ft per metric ton - Actual stowage factor of loaded cargo was 94.33 cu ft per metric ton - Charterers contended that owners had previous experience of relevant cargo and had represented stowage factor to charterers

The vessel was chartered on the Gencon form, which provided for the ship to carry from one “safe berth … where 6,000 metric tons stored … and 1 safe berth … where 12,000 metric tons stored” a cargo of urea “in big bags of 1 metric ton stowing maximum 60 cu ft per metric ton …” to ….. freight being payable at the rate of $40 per metric ton free in and out stowed. The charter provided for the cargo to be carried in the vessel and a second named vessel or substitute in owners’ option, and the quantity of each lot of cargo was to be in the owners’ option, but it was expressed that the owners’ intention was to load the first ship up to her full capacity and the balance of the cargo on the second ship as a part-cargo.