SCAC Transport (U.S.A.) Inc. and anr. v. Big Lift U.S.A. Inc. and Danais Shipping Co. (The Danaos) - U.S. District Ct. (S.D.N.Y.) (John F. Keenan D.J.) - 20 January 1984

Whether third party in American court proceedings bound by London Arbitrators’ findings of fact on identical issues

Big Lift were charterers of the vessel Danaos owned by Danais Shipping Co. During the loading of the vessel at Port Newark, New Jersey, a truck fell from the lift on which it had been suspended causing damage to the truck and to the vessel. The truck owners sued the shipowners and the charterers for damages. The shipowners cross-claimed against the charterers for the cost of repairing the damage to the vessel and for an indemnity in respect of any damages paid to the truck owners. The shipowners also brought third party proceedings against the stevedoring company hired by the charterers to load the vessel. The charterers cross-claimed against the stevedores for an indemnity in respect of any damages they might be required to pay on account of the stevedores’ negligence. The stevedores cross-claimed against the shipowners claiming that any damages incurred were the result of the shipowners’ negligence and/or breach of contract in failing to provide a seaworthy vessel.