AWARD ON DISPUTE OVER COMPENSATION FOR LOSS OF CARGOES FOR M.V. “HUAHAI 318”

[2021] 4 CMCLR 54 (CMAC)

CHINA MARITIME ARBITRATION COMMISSION (SHANGHAI)

Contract of Carriage of Liquid Chemicals in Bulk by Waterway – Cargoes stained – Whether the test could be adopted not in accordance with the contract – Cargoes handling – Calculation method of loss – Whether the respondent was entitled to enjoy limitation of liability – Article 312 of Contract Law of the People's Republic of China, Article 210 of Maritime Code of the People's Republic of China and Decision of Limitation of Liability for Maritime Claims for Less than 300 Gross Tonnage, Coastal Transport and Coastal Ship Issued by Ministry of Communications.