The hearing on case
On October 16th 2004 another hearing was held in Arbitrage Court of Primorskiy region on a case initiated by group of Korean companies against owners of mv “Avior” for damages suffered due to loss of cargo carried on board mv “Avior”.
Further hearing was postponed on November 2004 since new
evidences were introduced. The case is interesting since in final decision the court shall have to determine the issues of “seaworthiness of the vessel”, “qualified crew” and “due dilligence of the owners to make vessel
seaworthy”.
Besides the court will have to decide wether protocol of delivery of cargo on board is being an evidence of contract of carriage, provided that such protocol does not contain such serious conditions of contract of carriage as freight, port of delivery and etc.