Ocean Wide Shipping Corporation (as owners of the M/V ‘Punica’) v Canadian Forest Navigation Co Ltd - New York Arbitration - Before Jack Berg (dissenting); A J Siciliano; Stephen H Busch (Chair) - 26 February 1999

Collapse of cargo stow at sea - Whether owners or charterers liable for off-hire and costs incurred in connection with deviation to port of refuge

The vessel Punica was time-chartered on the NYPE form, and sub-time-chartered for a trip on substantially identical terms. The sub-time-charterer concluded a voyage charter on the Gencon form with Duferco SA for the carriage of a cargo of steel slabs from Taranto, Italy to Sparrows Point, Maryland on ‘Free In/Out Stowed, Lashed, Secured and Dunnaged’ terms. Clauses 8 and 15 of both time charters were unamended.