A/S. RENDAL v. ARCOS, LTD.

(1935) 52 Ll L Rep 254

KING'S BENCH DIVISION.

Before Mr. Justice Goddard.

Charter-party - Ice clause - Damage to vessels by ice-Demurrage-Claim by shipowners against charterers for damage sustained by vessel in ice- "Charterers to supply steamer with icebreaker assistance, if required by the captain, to enable her to enter and/or leave the port of loading, free of all expenses to owners. Captain or steamer's agents to notify the captain of the port in due time of readiness to enter and/or leave the port of loading. Icebreaker assistance to be rendered within 48 hours after steamer's arrival at the ice edge or readiness to leave the port of loading. Any time lost in waiting for icebreaker assistance beyond 48 hours after readiness to proceed to be for charterers' account"-Duty of charterers under ice clause-Vessel taken out in convoy-Inadequacy of icebreaker assistance-Notice of claim clause: "Notice of any claim under this charter or under any bill of lading given hereunder must be given within 12 months of the date of the vessel's arrival at final port of discharge, otherwise all claims shall be deemed to be waived."-Notice to Arcos (defendants) admittedly out of time-Whether clause should be construed only to inure for the benefit of the shipowners-Legal position of Arcos considered-Constitution of U.S.S.R.