Jun 17, 20181 min readOtherNo oral modification clauses - enforceable?Where a written [charterparty] contract expressly ‘prohibits’ oral modifications through NOM clause, is an oral modification enforceable?...
May 27, 20181 min readICAWhether the responsibility for cargo ops rests with owners or charterers - depends on the clauseNYPE Inter Club Agreement makes charterer 100% liable for claims arising out of ‘loading, stowage, lashing, discharge and storage’ unless...
May 27, 20181 min readInsuranceDrugs found attached to hull, vessel confiscated & insurers refusing to pay out the claimUnsuspecting vessels are commonly used for smuggling drugs out of Venezuela. The most commonly used methods is to attach the drugs onto...
May 13, 20181 min readGACan a charterer rely on 'cesser clause' in C/P to avoid paying GA contribution? A case from 1970s, The Corinthian Glory provides some explanation. (caution: case is quite fact specific). Charterers took delivery of...
May 6, 20181 min readInsuranceSeller doesn't ship the cargo, but obtains payment from the buyer. Can an 'all risk policy' respond?All Risk Marine policy doesn't really provide cover for all kinds of contingencies. In a recent case Englehart CTP v Lloyd’s Syndicate...
May 6, 20181 min readBill of ladingWhen making a claim under B/L, should cargo receivers account for recovery made under sale contract?Can a B/L holder, as receiver of damaged goods claim against shipowners (the carrier), even though the voyage charterers (as CIF sellers)...
May 6, 20181 min readPerformance claimsFouling as a result of charters' orders - can they claim for underperformance from owners?Jurists and chartering professionals often rely on the highly acclaimed ‘Time Charters’ and ‘Voyage Charters’ publications for guidance...
Mar 25, 20181 min readNavigationVHF for collision avoidance - to use or not to use?Navigator's dilemma - confusion over applicability of COLREGS Rule 13 or 15, coupled with misuse of VHF led to Meghna Princess and Dream...
Mar 11, 20181 min readVoyage charterWho bears the risk if departure is adversely affected - owners or charterers?Port accessibility - who bears the risk if departure is adversely affected? Charterers or owners? What does the term 'always accessible'...