BVS S.A. and other v. Kerman Shipping Co. S.A. (The Kerman) (see above)

No leave to appeal from arbitrator’s award

Having dealt with The Nema guidelines, Parker J. went on to apply them to the facts of the case before him. The appellants had shipped 56 packages of pipe sections on board the vessel Kerman owned by the respondents for carriage to Khorramshahr. The bill of lading stated that the shipper expressly authorised the carrier to load the goods on deck and if the carrier made use of that faculty, he should at his own expense take out insurance cover against the extra risks of jettison or washing overboard.