COMPANIA SUD AMERICANA DE VAPORES SA v SINOCHEM TIANJIN IMPORT AND EXPORT CORPORATION (THE "ACONCAGUA")
[2009] Lloyd's Rep Plus 93
QUEEN’S BENCH DIVISION (COMMERCIAL COURT)
Before Mr Justice Christopher Clarke
Carriage by sea - Dangerous cargo - Explosion of cargo of calcium hypochlorite in container - Cargo stowed near bunker tank - Crew heating bunker tank during voyage - Charterers settling claim brought by shipowners - Whether charterers entitled to indemnity from shippers - Whether charterers ought to have known that cargo was dangerous - Whether heating of bunker tank causative of explosion - Meaning of requirement to stow dangerous cargo "away from" source of heat - Whether charterers in breach of seaworthiness obligation - Whether loss arose from excepted peril - Hague Rules article IV, rule 6 and article IV, rule 2(a).