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M-info

Blogs on maritime case law and a few other things

Dec 31, 20201 min read

Scrapping a ship in an unapproved yard & owners' liability for death of workers

Scrapping the ship in an unapproved or uncertified yard? English court’s decision in The Ekta [2020] may just have added another element...

Dec 31, 20201 min read

Subjects

“Subject to suppliers’ approval of the vessel” - a pre condition?

"Subject to details", “subject to board approval” and other similar expressions are well known in ship chartering, meaning that the C/P...

Dec 31, 20201 min read

Safe port / berth

Safe berth clauses - is charterer's duty absolute?

Safe berth clause in voyage charters – an express warranty of safety by the charterer? SCOTUS had to resolve this in The Athos I [2020]....

Dec 31, 20201 min read

Ship arrest

Is a ROV a ship?

Can a remote operated vehicle be arrested, or in other words can in rem jurisdiction be invoked against a ROV? Yes, if it is deemed to be...

Dec 31, 20201 min read

Admiralty

Can floating pontoons be considered 'a dock'?

Certain states such as UK allow dock owners too to limit their liability, just as ship owners, charterers etc. Questions can arise on...

Dec 31, 20201 min read

Agents

Can a charterer appointed port agent arrest the vessel for unpaid invoices?

A ship’s agent plays a very important role in organizing and coordinating all aspects of a port call. Often, they make certain payments...

Dec 31, 20201 min read

Covid-19

Covid, demurrage and force majeure

Covid-19 has led to unprecedented disruptions to logistical chains. Either the goods can’t arrive in port or where they can, pick up...

Dec 31, 20201 min read

UNCLOS

Armed guards mistaking fishermen for pirates and killing 2 in the process

Many would recall the high profile case of mistaken identity of F/V St. Antony that led to the death of two Indian fishermen in 2012. The...

Dec 31, 20201 min read

Ship arrest

Bunker suppliers arresting ship because charterer did not settle invoices

To recover the sums due for bunkers supplied on request of time charterers, suppliers may try to claim against the vessel by having her...

Dec 31, 20201 min read

Salvage

Salving an uninsured vessel & no cooperation from owners - award's gotta be generous!

Kuzma Minin grounded in Falmouth Bay, UK in Dec 2018 after dragging her anchor in bad wx. It was uninsured. There was lack of cooperation...

Dec 31, 20201 min read

Bunkers

Maritime lien for unpaid bunker invoices (OW's collapse)

OW’s collapse in 2014 left a lot of physical bunker suppliers with unpaid invoices in its wake and that led to litigation all over the...

Dec 31, 20201 min read

Other

Stevedore injured - inspite of the risk being obvious. Who's to blame?

Every now and then there are unfortunate incidents where stevedores get injured after falling from unfenced decks / openings bridges on...

Dec 31, 20201 min read

Crew / people related

'Non-Seafarers Work' clause in ITF CBAs

For lashing containers can the operators be strong armed into using stevedores and that too only those belonging to ITF-affiliated trade...

Dec 31, 20201 min read

Covid-19

Covid & cruise ships

The cruise industry has atleast two reasons to be cheerful about in these gloomy Covid times. The first was US Court's ruling in July...

Dec 31, 20201 min read

Admiralty

Multi ship collision and apportionment of liability

In a multi ship collision it can be a difficult task to apportion liability. Approaching the question in a broad common sense way in The...

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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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