Bill of lading, cargo, ship, port Home Publications Articles Clean on Board? ‘Tai Prize’ Commercial Court Clean on Board? ‘Tai Prize’ Commercial Court Publications Lorna Watkin Published: March 13, 2020 Contact author Download article pdf A recent High Court decision, The Tai Prize [2020] EWHC 127 (Comm), has held that where an agent presents a clean bill of lading to the Master for signing, this is not a warranty to the Master that the cargo is actually in good order and condition. The Facts and the Arbitration The “Tai Prize” was time chartered to Noble Chartering Inc (‘Noble’) who in turn voyage chartered her to Priminds Shipping (HK) Co Ltd (‘Priminds’) for a voyage from Brazil to China with a cargo of soybeans. Clean bills of lading were issued for the cargo. The B/L incorporated the Hague Rules (HR) by operation of clause 2 on its reverse side. The contract of affreightment evidenced by the B/L was with the shipowner not the claimant. The receivers in China brought a claim for heat, caking, and mould damage to the cargo, and obtained a court award against the Owners for over US$1 million. Noble paid US$500,000 to settle the Owner’s indemnity claim under the time charter, and then claimed an indemnity for this amount from Priminds. Noble argued that, because the shipper and shipper’s agents presented clean bills to the Master for signature, they were entitled to be indemnified by Priminds –the shipper being considered as Priminds’ agent under the terms of the charterparty. The arbitrator, Sarra Kay, made findings of fact that the cargo damage was due to its pre-shipment condition, which would have been reasonably apparent to the shippers but which would not have been reasonably apparent to the Master. She decided that the shipper was Priminds agent and their presentation of clean bills of lading to the Master, for signature, amounted to a warranty by Primind that the cargo was in good order and condition, or that Primind had impliedly agreed to indemnify the No