Apr 7, 20191 minOtherAsbestos & role of equipment manufacturersDo equipment manufacturers have a duty to warn when their product requires incorporation of “asbestos” for insulation in order for the...
Feb 24, 20191 minAmericasDue diligence defence against pollution liabilitiesDefence of due diligence to the rescue! A few days ago, The Marathassa, which had spilled 2700 ltrs of bunker oil in Vancouver's English...
Jan 13, 20191 minIMDG CodeDangerous goods declaration better be spot on!NVOCCs and cargo manufacturers must go beyond the standard requirements of IMDG Code when it comes to declaring known sensitivities of...
Jan 6, 20191 minOtherSIRE inspector taking OCIMF to courtWhen was the last time we heard of OCIMF being taken to court for withdrawing a SIRE (vetting) inspector’s accreditation? Capt.A.Rashid v...
Dec 16, 20181 minMaritime lienUnreasonable delay in exercising maritime lien can extinguish itIn the present age we don’t often see owners relying on the ‘doctrine of laches’ to defeat a maritime lien primarily because the...
Dec 9, 20181 minBill of ladingHimalaya clause & downstream carriersGood old Himalaya clause to the rescue of downstream carriers in a $1.6m claim. In Royal Smit v. Onego [2018], cargo owners contracted on...
Nov 25, 20181 minBunkersMaritime lien for physical bunker suppliers (OW bunkers saga)Following the financial collapse of OW Bunkers, the physical suppliers of ship bunkers have been threatening to or arresting vessels to...
Nov 18, 20181 minMARPOL / pollutionDetained by USCG for bypassing OWS - owners claiming for unreasonable delay to ship's departureIn The Antonis G. Pappadakis [2018], ship owner tried claiming damages from USCG for unreasonable departure delay after the vessel which...
Nov 4, 20181 minInsurance'Pay to be paid' principle of P&I ClubsCan a P&I Club's 'pay to be paid' principle be circumvented? This was the question before a Brazil appeals court last month. The claim...
Nov 4, 20181 minAgentsCheck who is the 'agent of the ship' before serving summonsCan local agents (appointed for previous voyages) and P&I Correspondents be considered as the ‘agent of the ship’ for the purposes of...
Oct 28, 20181 minAdmiraltyAn offshore supply vessel using a towfish - is a towing vessel? (Tesla's involved too!)Every now and then courts have had to decide whether a particular water craft is a ‘ship’/vessel under the relevant maritime statute....
Oct 21, 20181 minBill of ladingA NVOCC cannot be 'the carrier' To what extent realistically can NVOCCs undertake the traditional responsibilities of a carrier, and can a claim stemming from delay of...