FEHN SCHIFFAHRTS GMBH & CO KG v ROMANI SPA (THE "FEHN HEAVEN")

[2018] Lloyd's Rep. Plus 71

QUEEN’S BENCH DIVISION (COMMERCIAL COURT)

Before Mrs Justice Moulder

Carriage of goods by sea – Charterers compelled to accept discounts in price from buyers following unauthorised fumigation of cargo – Consignee under straight bill of lading assigning interest in cargo to charterers – Charterers bringing arbitration proceedings against carrier for loss represented by negotiated discounts – Arbitrators holding charterers had title to sue and awarding substantial damages – Whether loss suffered by consignee or by charterers – Whether arbitrators erred in law in awarding charterers damages.