- Noting protest may help resist cargo loss or damage claims on the owner.
- A protest is a solemn declaration made on oath by Shipmaster that circumstances beyond his control have, or may have, given rise to loss and / or damage to his ship or its cargo, or have caused him to take action (such as leaving an unsafe port ) which may render his owners liable to legal action by another party.
- A protest ( without an extension ) is a simple statement of fact, without added details.
WHEN TO LODGE NOTE OF PROTEST:
- After every case of General average
- After wind and / or sea conditions have been encountered which may have damaged cargo or caused failure to make a cancelling date.
- After Cargo is shipped in a condition likely to deteriorate during the forthcoming voyage.
- After the ship has been damage from any cause.
- After a serious breach of the C/P by the charterer or his agent ( e.g. Undue delay, refusal to load,cargo not of a sort)
- After the consignee fails to discharge or take delivery of the cargo or fails to pay freight.
· Protest should be noted as soon as possible after arrival and always with in 24h of arrival.
· If in connection with cargo, it should b noted before breaking bulk.
During the course of a voyage if your vessel is or has experienced bad weather or any nature of extraordinary events and you fear that damage or loss may be caused to your vessel and/or cargo you must prepare a Note Of Protest and upon arrival and/or never after 24 hours having elapsed (not including holidays, Saturdays and Sundays) have it notarized at Notary Public.
We would like to clarify this subject and give you the following instructions/information:
1/ ‘’Notes of Protest’’ should be made when and if you consider it of utmost importance and necessity, not for the sake of doing so. If for example there is a possibility of a claim from another party to arise.
2/ If you suspect that damage has been caused to the vessel only (i.e. through heavy weather, touching bottom,striking locks etc.) there is no need for a ‘’Note Of Protest’’ to be issued same could be stated on a ‘’Statement of Facts’’.
3/ When writing such a ‘’Note Of Protest’’ bear in mind that you must stick to the FACTS and only, keeping it as brief and as clear as possible. Same can be extended upon a later date if required. Also do not express any opinions whatsoever. Such statement of opinions may and do often lead to unnecessary complications and/or confusion in a later date.
Furthermore due to the fact that Notary Publics around the world use various types/forms for ‘’Notes of Protest’’ it is quite difficult to admit/provide you with any standard form, we do however attach a most common form which you may alter where necessary.
Thus in the case that ‘’Note of Protest’’ (or “Statement of Sea Protest) has been made and notarized by Notary Public do not neglect to forward a copy to office at first convenient time.