在最近的伦敦仲裁案 (2017) 982 LMLN 3中，涉事船舶二船东(船东)将船舶转租给下租家，租约为NYPE格式。该船东与原船东之间也使用的NYPE格式租约。两份租约都并入了保赔协会间纽约土产交易格式协议(ICA)。
产生租约争议。提单下的货物利益方向作为承运人的原船东索赔，船东向租家索偿为解决争议产生的花费77,721.91欧元。租约规定，租家应先处理货物索赔，且应于收到要求的合理时间内就货物索赔，向货物利益方提供担保。
详细信息请参阅附件。
Cargo Sweat and Cargo Damage – Recent arbitration in London
In a recent arbitration (2017) 982 LMLN 3, the subject vessel was chartered out by disponent owners (the owners) to charterers (the charterers) on the NYPE form (the charter). The owners had themselves chartered the vessel from the head owners on the NYPE form (the head charter). Both the charter and the head charter incorporated the NYPE Inter-Club Agreement (the ICA).
Disputes arose under the charter. The owners claimed to recover €77,721.91 from the charterers in respect of monies expended in settling claims brought by the head owners following claims made by cargo interests against the head owners as carriers under the bills of lading. The charter also provided that charterers shall handle cargo claims in the first instance and provide security to cargo interests in respect of cargo claims within a reasonable time of receipt of a request to do so.
See attached file: ALCO20170010 Cargo Sweat and Cargo Damage – Recent arbitration in London.pdf
