SIR R. ROPNER & CO., LTD. v. BUNGE NORTH AMERICAN GRAIN CORPORATION.

(1938) 62 Ll L Rep 111

KING'S BENCH DIVISION.

Before Mr. Justice Lewis.

Charter-party-Demurrage-"Obstructions or stoppages beyond the control of the charterers"-Vessel chartered to load grain at Mobile-Ordered by charterers on arrival to load at elevator berth- Elevator berth not available owing to congestion-Detention of vessel-Evidence that charterers offered to load by ship's tackle at another berth if owners would defray extra cost, but that owners refused-Custom of port-Claim by owners for demurrage-Arbitration- Award that cargo could not be loaded by reason of obstructions beyond the control of the charterers in the docks or other loading places; that the detention of the vessel did not occur by default of the charterers or their agents; and that therefore the claim failed-Case stated-Formal application by charterers for confirmation of award.