Category: Merchant Shipping

Impact of Weather Conditions on Charter Performance Claims

November 29, 2025November 29, 2025 admin No Comments

Under a time charter trip from South Africa to China, Owners warranted the vessel’s performance in good weather conditions. The charterparty description of good weather was; “good weather conditions are understood to mean wind speeds of maximum beaufort force 4 (11-16 knots) and total- combined (sea and swell) significant wave height confined to limits of…

Merchant Shipping

Understanding Speed and Performance Claims in Time Charterparty Disputes

November 27, 2025November 29, 2025 admin No Comments

It is common for an element of speed and performance claims to be included in final hire disputes at the end of a time charterparty. Arbitration 9/18 raises a number of important legal and commercial issues to consider when raising or defending speed and consumption claims. The subject vessel was chartered on an amended NYPE form,…

Merchant Shipping

Charterparty Incorporated

October 17, 2025October 17, 2025 admin No Comments

Which charterparty is being incorporated into a bill of lading • It is important to identify exactly which charterparty the bill of lading has incorporated, as some of the terms of the charterparty will apply to the bill of lading.• A charterparty is incorporated into a bill of lading by way of reference in the…

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Merchant Shipping

Documentary credit system

October 2, 2025October 2, 2025 admin No Comments

Documentary credit system of transactionThis is a sort of money transfer system to enable sellers to obtain early payment soon after the delivery of the goods. A documentary credit—also called a letter of credit—is a conditional guarantee of payment in which an overseas bank takes responsibility for paying the seller after he has shipped the…

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Merchant Shipping

Deviation

October 2, 2025October 2, 2025 admin No Comments

The master is expected to proceed from the load port to the discharge port without delay and without departure from the usual geographical route. If he fails to do so then this may amount to a deviation from the contractual voyage. Deviation Deviation in its legal sense is an unjustified departure from the contractual voyage….

BILL OFLADING (DELIVERY OF GOODS)

September 26, 2025September 26, 2025 admin No Comments

When a person, who is the holder of a bill of lading, does not want to negotiate it further, but wants to receive the goods himself, he will present himself to the master or the agent who will check the holder’s identity and check if the freight and all charges have been paid.If the bill…

Merchant Shipping

INCOTERM

September 25, 2025September 25, 2025 admin No Comments

INCOTERMS in the short form for International Commercial Terms. It is the Trademark of International Chamber of Commerce. The Incoterms rules are an internationally recognized standard and are used worldwide in international and domestic contracts for the sale of goods. There are thirteen Incoterms, and they are divided into four groups. Group E: Departure Term…

Insurance and Claims

March 10, 2025March 10, 2025 admin No Comments

VESSEL INSURANCE COVERAGE Company vessels are covered by several types of marine insurance policies, including Hull and Machinery – which cover the loss of or damage to the vessels’ Hull and Machinery, and Protection and Indemnity (P&I) – which covers the Owner’s legal liability for loses or damages allegedly sustained by third parties. There is…

SURVEYS OF HULL & MACHINERY ITEMS

March 10, 2025March 10, 2025 admin No Comments

All Class Record files, including Enhanced Survey files, where applicable, must be kept in safe custody of Master. The vessel shall have ‘Quarterly Listing’ issued by the Class within last 3 months from the current date which indicates: 1) Status of all certificates. 2) Status of all surveys. 3) Surveys credited since previous list. 4)…

Merchant Shipping

Carriage of Goods by Sea Act (“COGSA”)

August 25, 2024August 25, 2024 admin No Comments

The Carriage of Goods by Sea Act (“COGSA”) defines the basic relationship—duties, liabilities, rights, and immunities—between ocean carrier and cargo owner. COGSA was passed in the United States in 1936 and its enactment was the result of various concerns by Congress. In the early nineteenth century, carriers were strictly liable for cargo damage, with only…

Merchant Shipping