Masters right to reject cargo is restricted
Publish date: 04 August 2005
Issue Number: 1392
Diary: Legalbrief Today
Category: Maritime
A UK court has ruled that a clause in a time charterparty that gave the vessel\'s master the right to refuse to load cargo if he has to make changes to the description of the cargo in the bill of lading did not provide an unqualified right to reject the cargo.
Instead, the master could reject the cargo only if he was unable to resolve any disagreement with the shipper with the way in which he intends to modify the cargo\'s description in the bill of lading, reports The Business Times. The appellant, Sea Success Maritime Inc, had time-chartered its vessel Sea Success to African Maritime Carriers on the New York Produce Exchange Form. The vessel was then further sub-time-chartered on similar terms. During the trip, the master twice refused to accept cargoes because they were damaged. On both occasions the parties resolved the impasse, but the dispute was later referred for arbitration in London. The master justified his refusal to load based on the final sentence of clause 52 of the time charter, which stated that he had \'the right and must reject any cargo that are subject to clausing of the bills of lading\'. Full report in The Business Times