SACOR MARITIMA S.A. v. REPSOL PETROLEO S.A.

[1998] 1 Lloyd's Rep. 518

QUEEN’S BENCH DIVISION(COMMERCIAL COURT)

Before Mr. Justice Mance

Carriage by sea - Damage to cargo - Indemnity - Contracts for carriage of polymer grade propylene - Cargo contaminated - Receivers’ claims settled by disponent owners - Whether disponent owners obliged to purge tanks with nitrogen before loading - Whether disponent owners entitled to be indemnified. Arbitration - Award - Head charter and sub-charter - Cargo damaged by contamination - Disputes referred to two separate arbitrations - Arbitrator in head charter arbitration found disponent owner liable to owners by virtue of acts or omissions of SGS surveyor - Whether finding binding in arbitration between disponent owners and charterers - Whether cause of damage to be treated as acts or omissions of SGS rather than failure or breach by disponent owners.