ANDREA SANGUINETI FU DAVIDE v. UGLEEXPORT.

(1933) 47 Ll.L.Rep. 142

KING'S BENCH DIVISION.

Before Mr. Justice Branson.

Charter-party-Ice clause-Provision of icebreakers by charterers - Delay in reaching loading port (Mariupol) - Claim by shipowners for demurrage and/or detention-Arbitration-Award -"(1) In the event of the port of loading being inaccessible by reason of ice on vessel's arrival at Kertch . . . the charterers undertake to provide icebreaker to enable steamer to reach . . . [Mariupol] steamer being free of expenses for icebreaker. (2) Time lost by steamer waiting for icebreaker when entering loading port during 48 hours after her arrival at Kertch . . . not to count . . . as lay days. (3) Any detention to the steamer waiting for icebreaker . . . (above the time mentioned in Item 2) to count . . . as time for loading . . . to be paid by the charterers at the rate of £25 per day, from which time days saved in loading shall be deducted. (4) In order not to miss her cancelling date steamer must arrive at Kertch . . . not later than at noon the day previous to the cancelling date stipulated in Clause 11 and in the case of any delay through ice whilst on passage, or entering loading port . . . the cancelling date to be extended accordingly. (5) Captains must follow official instructions issued by authorities for vessels convoyed by icebreakers through the ice"-Icebreaker Regulations: "(4) The time and order of proceeding through the ice, as well as the number of vessels to be convoyed simultaneously, shall be fixed, if in port, by the harbour-master, and if at sea, by the master of the icebreaker. (5) The master of vessels following an icebreaker through the ice shall comply with the orders of the master of the icebreaker in regard to their movements in the ice and shall act in accordance therewith" - Construction -Obligation of charterers- Vessel taken by icebreaker in convoy with three other vessels in accordance with harbour-master's instructions- Whether vessel entitled to exclusive assistance