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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…
Contents of the Plan The ISM Code, supported by the IMO Resolution MSC.428(98), requires ship owners and managers to assess cyber risk and implement relevant measures across all functions of their safety management system, until the first Document of Compliance after 1 January 2021. In combination with the resolution, the IMO also released Guidelines on…
Checks to be made before singing bills of lading Description & Condition of Cargo The Master must satisfy himself that the description of the cargo contained in the B/L is accurate, and complies with the description of that given in the charterparty or voyage orders. He should also ensure that, if any part of the…
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SOLAS regulation V/34. 1 makes it illegal for a person to compromise the master’s discretion in decision-making. It provides as follows: “The owner, the charterer, the company operating the ship as defined in regulation IX/1, or any other person shall not prevent or restrict the master of the ship from taking or executing any decision…
Articles of agreement for employment of seafarer Contractual clauses/terms and conditions Article of agreement is required by every flag. Indian flag requirements on AOA are given in ms act. Foreign flag also have article of agreement to be signed onboard when u join a ship. AOA is separate from SEA. SEA is a ILO (MLC)…
LOI (Letter of Idemnity) The practice of discharging the cargo against a LOI (Letter of indemnity) is so common specially in tanker trade that this can trick masters. Masters must ensure that direct request from charterers/shipper to discharge the cargo against such LOI should not be considered. Master must receive such instructions from the ship…
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World Scale Average Freight Rate Assessment (AFRA)
Cargoes whether carried in containers are all still the responsibility of the ship and hence it also needs documentation and legal formalities to follow. Though containerisation brought with its own terminology and law the general aspects covering carriage continue as seen from description of terms below: Commercial Terms LCL: Less than container load– in other…
If the master has forgotten his Rules Of The Road he certainly doesn’t tell the third mate Earliest collision rules, established by custom in accordance with dictates of good seamanship, were enforced by Admiralty Courts in the UK and formed part of their maritime law. In 1846, first set of uniform rules to prevent collision…
Protection and Indemnity (P&I) Clubs insure shipowners and managers for their liabilities to third parties arising out of the operation of ships. The P&I Club does not insure the hull or machinery of a ship, only liabilities. The main elements of P&I cover addressed in this guide are: personal injuries to crew, stevedores and passengers;…