Arbitration- Partial reimbursement of stevedore damage repair costs

Summary prepared by Prokopios Krikris, FCIArb, Arbitrator

In this arbitration, the panel awarded some items for stevedore damages less than that claimed, as the Owner had expended more than necessary.

Owners sought to recover USD 25,082 for repair, based on a report and repair estimate. These repairs were conducted after the vessel’s redelivery and not at the port Tablot where the damages were sustained.

The Panel unanimously concluded that the Owner was entitled to reimbursement for properly documented stevedore damage repair claims. However, the Panel believed that the Owner did not mitigate its damages at Port Talbot, where repairs could have been more reasonably done. Also, a number of Owner's claim reports were filed after the fact. Other repairs were unsubstantiated -- i.e. the Master stated new crane motors had to be used, yet no invoice was presented for the same. The Panel concluded that the Owner had only established a portion of its stevedore damage claim and awarded it $7,800.00

SMA 2190

Editor's comment: Owners can recover the reasonable cost of repairing stevedore damages. This is fact-sensitive.

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