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....
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Just maritime
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Siddharth Mahajan
- Jul 1, 2023
- 2 min
'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...
670
Siddharth Mahajan
- May 21, 2023
- 2 min
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...
400
Siddharth Mahajan
- Mar 18, 2023
- 2 min
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...
580
Siddharth Mahajan
- Nov 27, 2022
- 2 min
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...
200
Siddharth Mahajan
- Oct 8, 2022
- 2 min
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...
270
Siddharth Mahajan
- Aug 27, 2022
- 2 min
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...
280
Siddharth Mahajan
- Aug 20, 2022
- 2 min
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...
481
Siddharth Mahajan
- Jun 26, 2022
- 2 min
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...
230
Siddharth Mahajan
- Apr 15, 2022
- 2 min
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...
410
Siddharth Mahajan
- Mar 26, 2022
- 2 min
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...
200
Siddharth Mahajan
- Dec 1, 2021
- 2 min
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...
210
Siddharth Mahajan
- Oct 31, 2021
- 1 min
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...
140
Siddharth Mahajan
- Oct 15, 2021
- 1 min
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....
850
Siddharth Mahajan
- Jul 25, 2021
- 1 min
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...
10
Siddharth Mahajan
- Jun 15, 2021
- 2 min
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...
30
Siddharth Mahajan
- Apr 24, 2021
- 1 min
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...
20
Siddharth Mahajan
- Feb 28, 2021
- 1 min
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...
70
Siddharth Mahajan
- Dec 31, 2020
- 1 min
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...
60
Siddharth Mahajan
- Dec 31, 2020
- 1 min
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...
30
Siddharth Mahajan
- Jan 1, 2020
- 1 min
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...
10
Siddharth Mahajan
- Dec 31, 2019
- 1 min
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...
140
Siddharth Mahajan
- Oct 20, 2019
- 1 min
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...
20
Siddharth Mahajan
- Aug 12, 2018
- 1 min
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...
20
Siddharth Mahajan
- Jul 1, 2018
- 1 min
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...
20
Siddharth Mahajan
- Jun 24, 2018
- 1 min
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...
50
Siddharth Mahajan
- Mar 25, 2018
- 1 min
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...
10
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