용선 계약 분쟁에 대한 중재 사례

Abstract

This paper is about a case on the arbitration of disputes between the parties of charter party. 'B' vessel owner on the original charter party first made a charter party with 'L' cargo owner on the original charter party. Then, 'B' entered into another charter party with 'D' vessel owner, who will actually take charge of carriage of the cargoes which is described on the original charter party. Therefore, 'B' is a carrier of cargoes of 'L' and 'D' is a carrier of cargoes of 'B', according to the contracts. The cargoes of 'B' is cargoes of 'L', by nature. In these circumstances, damages to the cargoes occurred in the transit by the vessel of 'D'. Who should take the responsibility for the damage of cargoes? Who must be liable for those, 'B' or 'D'? According to the original charter party, 'L' signed 'as Charterers' and 'B' was the counterpart of 'L'. But 'B' signed as "for and on behalf of 'B'," without 'as Owners'. Tribunal of arbitration award that 'B' should take the responsibility for the damage to the cargoes, because 'B' is the vessel owner. Although 'B' is a contract carrier, 'B' must bear the liability of transport of the cargoes. The counterpart of charterer, 'L' is 'B' who is presumed to be the vessel owner by the original charter party. 'D', actual carrier is not the privy of 'L', cargo owner. This case teach us that signature on the contract is the matter of great importance.