Whether the vessel could be placed off-hire under Hold
Inspection Clause
And went on20:
This unitary exercise involves aniterative process by which each
suggested interpretation is checked against theprovisions of the contract and its commercial consequences areinvestigated: Arnold para 77 citing In re Sigma FinanceCorpn [2010] 1 All ER 571, para 10 per Lord Mance. To my mind once one hasread the language in dispute and the relevant parts of the contract that provide its context, it does not matter whether the more detailed analysis commences with the factual background and the implications of rival constructions or a close examination of the relevant language in the contract,so long as the court balances the indications given by each.
Thus as example, if “and responsibility” is added to cargo operation term, such as Rio Tinto their standard form at paras.7.6, The cargo should be loaded, stowed, belt or spout trimmed and discharge under owners’/Master’s responsibility, direction and supervision…the responsibility will be shift to the owner in the absence of the intervention of the charterers or his agent21.
Beyond that, it is difficult to lay down generalprinciples. This area of law, perhaps more than others, has been bedevilled bythe constant desire of lawyers to devise clear, workable principles of universal application only to be frustrated by the persistence of the shipping fraternity in contracting on a bewildering variety of different terms and of steaming into ever more novel forms of trouble22. As we enter thisminefield, therefore, we should be guided by the sage words of Staughton L.J.in The Berge Sund23 that:
“The only general rule that can be laid down is that one must consider the wording of the off-hire clause in every case.”
Therefore, whether the charterers could the vessel off-hire or claim
damage depend on the wording of hold inspection & off-hire clause.
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