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Just maritime
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Beyond the forecast: Master's discretion vs. charterer routing
Modern day route planning requires a balance between adhering to charterer-provided weather routing advise and Masters exercising their...
Siddharth Mahajan
Mar 151 min read
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Gantry Crane Collisions: A Shared Blame?
Container vessels colliding with gantry cranes can result in significant costs. While vessel negligence is often assumed in such cases,...
Siddharth Mahajan
Dec 29, 20242 min read
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Fatigue and Fault: The Yochow Allision
In The Yochow [2024] , the helmsman made two steering errors in quick succession while under pilotage. The second error resulted in a...
Siddharth Mahajan
Nov 10, 20242 min read
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The Role of Tugs in Vessel Berthing and Unberthing: The Aframax River Incident
What is the role of tugs when assisting vessels in berthing and unberthing? If they notice an emergency situation developing, should they...
Siddharth Mahajan
Sep 28, 20242 min read
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Detention for anchoring in Spore OPL without permission from local authorities - who bears the loss?
Over the past years many vessels have been detained by Indonesian or Malaysian navies for anchoring in their waters without permission....
Siddharth Mahajan
Nov 26, 20232 min read
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'Perception of pilotage' leads to a collision. Who's to blame?
There are a few ports around the world where both pilot cutters (serving as watch accommodation for pilots) and pilot boats (for...
Siddharth Mahajan
Jul 1, 20232 min read
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Passing vessel blamed 100% for collision caused in locks by the suction effect of the water
Wash damage can cause vessels to break from their moorings, but how about damage caused by the suction effect during low water created by...
Siddharth Mahajan
May 21, 20232 min read
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Grounding in the approach channel - unsafe port, unseaworthiness, or negligent navigation?
Vessels occasionally use local paper charts when entering & leaving ports instead of charts issued by BA or other agencies, for reasons...
Siddharth Mahajan
Mar 18, 20232 min read
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Collision in the Suez Canal involving a moored vessel
Navigating through the Suez Canal is tough. It is one of those places where the ship’s crew has very little control and often don’t have...
Siddharth Mahajan
Nov 27, 20222 min read
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Powers and responsibilities of coastal / port states
Three interesting decisions by the courts on powers and responsibilities of coastal or port states. First was on jurisdiction of coastal...
Siddharth Mahajan
Oct 8, 20222 min read
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Time charterers and their liability towards 3rd parties for damage done by the vessel
Can a time charterer be held accountable to third parties for damage done by the ship, the root causes of which were connected to the...
Siddharth Mahajan
Aug 27, 20222 min read
29
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What takes precedence - commercial pressures or the UKC policy and the necessary safety margins?
Breaching the UKC policy for commercial reasons is a calculated risk taken frequently. Sometimes the safety margins are however just too...
Siddharth Mahajan
Aug 20, 20222 min read
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Aware of deficient bridge watchkeeping practices? Act or loose the right to limit liability (in US)
Many may recall the collision between U.S.S. John S. Mccain and Alnic in Singapore Straits. Liability was apportioned 80-20 in favour of...
Siddharth Mahajan
Jun 26, 20222 min read
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If staying at berth in heavy weather, then vessel's mooring analysis better be accurate
If a hurricane is about to hit the port, it is safer for vessels to unberth. If the decision is made to stay alongside then the managers...
Siddharth Mahajan
Apr 15, 20222 min read
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Under keel clearance & role of port / pilot
It’s not often we see courts looking at the technicalities of calculating under keel clearance (UKC) in great detail. The Arklow Valour...
Siddharth Mahajan
Mar 26, 20222 min read
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Passage planning & seaworthiness
If a ship is suitably equipped to safely navigate and is manned by competent crew, then can the crew’s failure to properly plan a passage...
Siddharth Mahajan
Dec 1, 20212 min read
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Collision, set-off and time bar
In ship collision cases, single liability principle is understood as being a form of set off because of the way calculations are done in...
Siddharth Mahajan
Oct 31, 20211 min read
22
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Vessels Restricted in Ability to Manoeuvre (RAM)
A vessel that is ‘restricted in her ability to maneuver’ (RAM) enjoys certain privileges, for eg. those mentioned in Rule 18 of COLREGS....
Siddharth Mahajan
Oct 15, 20211 min read
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Master & Pilot - apportioning blame for damaged SPM pipeline
There has always existed inherent tension in the relationship of responsibility between a ship master and pilot. Usually shipowners are...
Siddharth Mahajan
Jul 25, 20211 min read
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Error by crew / owner & Limitation of Liability in US
Sluggish response to engine orders can get a ship into trouble, especially when there is a strong current. In the case of The American...
Siddharth Mahajan
Jun 15, 20212 min read
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Limitation fund - where to constitute it?
Ship owners and certain other parties are entitled to limit their liability for maritime claims basis the vessel’s tonnage. In which...
Siddharth Mahajan
Apr 24, 20211 min read
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Narrow channel (Rule 9) vs. Crossing rule (Rule 15)
Do the CROSSING RULES (rule 15) apply where an outbound vessel is navigating within a NARROW CHANNEL and the other vessel is approaching...
Siddharth Mahajan
Feb 28, 20211 min read
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Collision in Singapore straits - crossing situation
Crossing the traffic lanes in Singapore straits can be a nightmare. One of the Masters I sailed with, best summed it up as ‘every...
Siddharth Mahajan
Dec 31, 20201 min read
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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...
Siddharth Mahajan
Dec 31, 20201 min read
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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...
Siddharth Mahajan
Jan 1, 20201 min read
1
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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...
Siddharth Mahajan
Dec 31, 20191 min read
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Reasonableness of choosing a more expensive repair yard following a collision
Following a collision between ships - even after getting the apportionment heavily in one's favor, claiming for losses sustained may not...
Siddharth Mahajan
Oct 20, 20191 min read
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Forum for bringing a collision claim - is the place of incident more appropriate?
Collisions and available forums for bringing claims – The Al Khattiya [2018] provides useful guidance. The defendant’s vessel collided...
Siddharth Mahajan
Aug 12, 20181 min read
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Multi ship collision in Singapore straits - apportioning liability
Dragging & fouling of anchors, involuntary towage, and multiple collisions in crowded Singapore waters – The Tian E Zhou [2018] had it...
Siddharth Mahajan
Jul 1, 20181 min read
2
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Safety Management Systems scrutinized by courts in two separate cases on navigational incidents
It is not often that Safety Management System of a shipping company is scrutinized by court. Surprisingly there have been two cases in...
Siddharth Mahajan
Jun 24, 20181 min read
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VHF 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...
Siddharth Mahajan
Mar 25, 20181 min read
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