CIA. ARGENTINA DE PESCA v. EAGLE OIL & SHIPPING CO., LTD.

(1939) 65 Ll L Rep 168

KING'S BENCH DIVISION.

Before Mr. Justice Branson.

Arbitration-Award-Motion to set aside -Error in law on face of award- Charter-party-Dispute between shipowners and charterers - Claim by shipowners for demurrage - Vessel chartered to carry full cargo of fuel oil-168 running hours to be allowed for loading and discharging-Time exceeded - "Owners guarantee that vessel is fitted with heating coils and owners agree to instruct captain that cargo is to be heated on passage to discharging port or ports in accordance with instructions given by cargo suppliers at loading port"-Shippers' instructions to captain to heat cargo to temperature of between 130 deg. and 140 deg. Fahr.-Minimum temperature reached in only one of eighteen tanks -Contentions by charterers that it was an implied term of the charter-party that the oil should be kept heated to a temperature which would enable the oil to be pumped out with reasonable dispatch (i.e., between 130 deg. and 140 deg.) and that the pipes from the pumps to the tanks should be of sufficient size to enable the oil to be pumped out at a reasonable rate- Finding of arbitrator that the shipowners committed a breach of the charter-party in that they failed to have the oil heated to the requisite temperature; that it was an implied term that the oil should be kept heated at a temperature which would enable pumping out with reasonable dispatch and that that implied term was not fulfilled; that it was an implied term that the pipes should be of sufficient size to enable the pumps to work efficiently and/or to pump out the oil at a reasonable rate, that the pipes were not of sufficient size and that the vessel did not use all her suction pipes and lines during discharge; and that the shipowners' claim for demurrage failed - Case stated - Whether facts found by arbitrator were sufficient on which to base his conclusions.