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Tension in route selection - charterers’ voyage orders vs. master’s discretion
When it comes to route selection, there can sometimes be a tension between charterers’ voyage orders and master’s navigational discretion. Three recent London Arbitration decisions—10/25, 11/25, and 12/25—demonstrate how tribunals approach this balance. The consistent thread is—the master may disregard charterers’ instructions if there are genuine safety reasons, supported by evidence. Route selection for convenience or where not supported by evidence will not be upheld. Lond

Siddharth Mahajan
5 days ago2 min read
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COVID-19's Lingering Impact: Recent legal Decisions
As COVID-19 cases reportedly rise in many countries, two recent legal decisions are particularly significant for the shipping industry....

Siddharth Mahajan
Jun 12 min read
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Explosive Cargo, Divided Blame: Who Pays When a Shipment Goes Up in Flames?
Who is liable when a dangerous cargo shipment explodes during the voyage, the carrier or the shipper? This question becomes particularly...

Siddharth Mahajan
Jun 29, 20242 min read
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Hull cleaning by owners after redelivery - at charterers' time & expense?
Hull fouling clauses in charterparties often state that ‘underwater cleaning of hull is always at charterers' time and expense’. What is...

Siddharth Mahajan
Jul 9, 20232 min read
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Division of responsibilities related to cargo operations between charterers and owners
In dry trade it is common to see C/P clauses where all aspects of cargo operations are carried out under Master’s supervision but under...

Siddharth Mahajan
Feb 26, 20232 min read
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Is a claim by the shipowner against time charterer for damage to vessel limitable?
When there is a cargo fire and that consequently damages the vessel also, then can the time charterer limit its liability towards the...

Siddharth Mahajan
Feb 12, 20232 min read
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No deductions from hire without shipowner’s consent?
A time charterer is relived of the obligation to pay hire under an off-hire provision. But what if the payment of hire clause is worded...

Siddharth Mahajan
Jan 28, 20232 min read
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US sanctions & freight payments - will '€' work instead of '$'?
To avoid US sanctions, Charterers sometime make payments to owners in currencies other than USD. What if the C/P provides that freight is...

Siddharth Mahajan
Jan 1, 20231 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
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Quarantine due to COVID & Off-hire
If a vessel is quarantined due to a COVID positive case onboard then who bears the risk? Charterers would want to put the vessel off-hire...

Siddharth Mahajan
Aug 7, 20222 min read
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Time charterers and maritime liens
If a bank exercises its ship mortgage maritime lien and arrests a vessel for owner’s default, then a time charterer as provider of...

Siddharth Mahajan
May 8, 20222 min read
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Can vessel be put off-hire for failing pre-inspection of cargo holds?
Vessels being put off-hire for cargo holds failing inspection at the load port is not that uncommon. But what if charterers make it clear...

Siddharth Mahajan
Apr 9, 20222 min read
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