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M-info

Blogs on maritime case law and a few other things

Mar 8, 20201 min read

Under OPA 90 is tug owner the 'operator'?

Incase of oil pollution in US nav. waters, primary response and clean up obligations are triggered by OPA 90. The act makes a...

Jan 1, 20201 min read

Navigation

Are MAIB reports admissible in arbitration?

Owners of Ocean Prefect were bringing a claim for unsafe port against charterers, after she grounded twice in Umm Al Quwain. Owners were...

Dec 31, 20191 min read

Performance claims

Speed performance claims - assessment by weather bureau binding?

Speed consumption disputes between charterers and owners are not uncommon. No matter how carefully these clauses are worded,...

Dec 31, 20191 min read

Cargo claims

Shore scale, shortage claims & draft surveys

Those involved in bulk trade are frequently confronted with [paper] shortage claims with owners usually being on the loosing end when...

Dec 31, 20191 min read

Cargo claims

Cargo damaged by moisture - owners liable for choice of route?

Choice of route can affect how cargo is to be cared for, so can owners be held liable for choosing one over the other? In The Santa...

Dec 31, 20191 min read

Salvage

Salving treasure from a sunken ship - Finders, keepers?

Finders, keepers? It’s not that simple where maritime property is involved, especially when it is a treasure from a sunken ship. In The...

Dec 31, 20191 min read

Laytime / demurrage

Demurrage claim docs - owners need to re-submit what charterers already have?

When making a demurrage claim C/Ps usually require submission of all supporting documents. But what are these? What if some of them are...

Dec 31, 20191 min read

Bill of lading

Implied indemnity for a clean B/L?

Can a general indemnity be implied in a voyage charter when a clean B/L is issued for goods which were infact loaded in a pre-damaged...

Dec 31, 20191 min read

Hague Visby

Package limitation in Hague (Visby) Rules & Himalaya clause

Containers are used to ship goods worth millions. Cargo owners may find it harsh that often they might not be able to recover more than...

Dec 31, 20191 min read

Limitation of liability

Suppliers & contractual limitation of liability

Can suppliers of marine spare parts rely on the contractual limitation of liability? Well, it depends a lot on the law of the place where...

Dec 31, 20191 min read

Hague Visby

Containers stolen from terminal - Hague Visby Rules or CMR?

Hague Visby rules or CMR, which one is applicable when unauthorized truckers whisk away containers from the terminal by using stolen pick...

Dec 31, 20191 min read

NOR

Different NOR regimes for head and sub charterers

Altering the standard C/P forms and not having the charters on back to back terms may result in unexpected consequences. In The Alpha...

Dec 31, 20191 min read

NOR

NOR tendered but the vessel had only one anchor - is the NOR valid?

Is the NOR valid, notwithstanding the vessel had only one anchor at the time of tendering it? Point of dispute in London Arbitration...

Dec 31, 20191 min read

Insurance

Grounded yacht looted - can claim under the insurance policy?

The Creola [2019], a case of a grounded yacht focused on some interesting aspects of marine insurance law. After being abandoned, it was...

Dec 31, 20191 min read

Time charter

Two interesting disputes - margin for 'about'; and claiming for FO consumption

Two interesting Arbitration awards were handed last week, the first in relation to what margin should be allowed for “ABT” in regards to...

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M-info

Blogs on maritime case law and a few other things

Contributors:

Siddharth Mahajan

Nishant Dhyani

Views expressed by the authors are their own and not that of the organization they work for.

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