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Just maritime
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Siddharth Mahajan
Sep 30, 20232 min read
Covid-19 and off hire
During Covid, there were several instances where the vessels suffered delays until they could provide evidence to the authorities showing...
180
Siddharth Mahajan
Mar 18, 20232 min read
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...
680
Siddharth Mahajan
Sep 17, 20222 min read
What if bunker contract is subject to English law but expressly allows the supplier to assert lien?
Under English law there is no maritime lien for bunkers supplied whereas under US law it is the opposite. What if the bunker contract is...
360
Siddharth Mahajan
Aug 7, 20222 min read
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...
610
Siddharth Mahajan
Apr 24, 20221 min read
Variation in C/P. Charterers saying "unenforceable" since entered into under duress.
Voyage charterparties normally specify how many safe ports/berths charterers can ask the vessel to proceed to. If the vessel needs to...
510
Siddharth Mahajan
Apr 9, 20222 min read
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...
630
Siddharth Mahajan
Apr 3, 20222 min read
Crew change clauses & deviation - who bears the risk of delays?
C/P clauses entitling owners to deviate for crew change were and perhaps still are necessary. What if after carrying out the crew change,...
460
Siddharth Mahajan
Jun 24, 20211 min read
What is 'excessive' fouling?
Hull cleaning clauses or prolonged port stays clauses are fairly common in time charterparties. Cleaning of the hull is normally on...
130
Siddharth Mahajan
Apr 15, 20211 min read
OOS in C/P - 'owners option substitute' or 'or other substitute'?
What does the term OOS mean in C/P? Is it ‘owners option substitute’ giving owners a unilateral right to replace the first vessel; or ‘or...
4910
Siddharth Mahajan
Apr 11, 20211 min read
What is 'average damage' affecting ship's Classification?
Ship S&P agreements are usually subject to a vessel being “free of average damage affecting vessel’s class”. Not every kind of damage...
640
Siddharth Mahajan
Jan 24, 20211 min read
Demurrage & time bar
A voyage charter normally has rider clauses requiring owners to submit specified documents within a certain period of time when making a...
70
Siddharth Mahajan
Dec 31, 20201 min read
Armed guards mistaking fishermen for pirates and killing 2 in the process
Many would recall the high profile case of mistaken identity of F/V St. Antony that led to the death of two Indian fishermen in 2012. The...
20
Siddharth Mahajan
Dec 31, 20191 min read
Speed performance claims - assessment by weather bureau binding?
Speed consumption disputes between charterers and owners are not uncommon. No matter how carefully these clauses are worded,...
20
Siddharth Mahajan
Dec 31, 20191 min read
Shore scale, shortage claims & draft surveys
Those involved in bulk trade are frequently confronted with [paper] shortage claims with owners usually being on the loosing end when...
540
Siddharth Mahajan
Dec 31, 20191 min read
NOR tendered but the vessel had only one anchor - is the NOR valid?
Is the NOR valid, notwithstanding the vessel had only one anchor at the time of tendering it? Point of dispute in London Arbitration...
10
Siddharth Mahajan
Dec 31, 20191 min read
Two interesting disputes - margin for 'about'; and claiming for FO consumption
Two interesting Arbitration awards were handed last week, the first in relation to what margin should be allowed for “ABT” in regards to...
20
Siddharth Mahajan
Dec 31, 20191 min read
Leaving the berth due to bad wx - laytime clock stops?
Ordering a vessel off the berth in anticipation of bad weather is standard protocol ports follow for safety reasons. This could (and does...
50
Siddharth Mahajan
Nov 17, 20191 min read
An invalid NOR, a hurricane, force majeure, no cargo to load, and a vessel aground
An invalid NOR, a hurricane hitting the port, force majeure, no cargo to load, and a grounded vessel - the ingredients of London...
130
Siddharth Mahajan
Oct 27, 20191 min read
Bad wx preventing barges from coming alongside - can laytime start?
Is a storm warning sufficient to interrupt laytime? and if bad weather prevents the lightering barges from coming alongside the mother...
40
Siddharth Mahajan
Oct 13, 20191 min read
“SUB shippers/receivers 24h after…receiving all supporting docs” - when does the clock start?
Singapore Arbitration 03/19 recently addressed a seemingly straightforward question on 'subject' clause (in relation to vessel's...
30
Siddharth Mahajan
Sep 15, 20191 min read
How 'excessive' must the marine growth be for bottom fouling clause to kick in?
Bottom fouling clauses are a standard feature of time charters. There are a variety of clauses and some make the transfer of burden for...
40
Siddharth Mahajan
Jul 21, 20191 min read
Significant wave height and Douglas scale - are not the same
Significant wave height and Douglas scale are two very different measures of sea conditions. If C/P contains reference to both then which...
70
Siddharth Mahajan
Feb 24, 20191 min read
The terminology 'cargo claims' can encompass financial losses?
As matter of ordinary language ‘cargo claims’ typically refer to physical loss of or damage to cargo. But can ‘financial losses’ suffered...
50
Siddharth Mahajan
Jan 20, 20191 min read
Hold cleaning costs following carriage of a dirty cargo - claimable?
One longstanding principle of claiming damages for breach of contract, such as charterparty, is that the innocent party has to show what...
50
Siddharth Mahajan
Oct 7, 20181 min read
Dispute on who the shipowner is? Q88 to the rescue.
Q88 (Tanker Questionnaire) is a key document when it comes to tanker chartering. Just how important a part it can play in the event of a...
40
Siddharth Mahajan
Sep 30, 20181 min read
'About 5%' - a singular tolerance or it applies to both speed & consumption?
Tolerances for ‘about’ - underperformance claim - effect of current were some of the many interesting issues that came up in London...
20
Siddharth Mahajan
Aug 26, 20181 min read
A case of mistaken identity when serving demurrage documents
Given that there can be multiple brokers involved in chartering, it can sometimes be difficult to identify for which party is a broker...
20
Siddharth Mahajan
Aug 12, 20181 min read
Vessel with a crane not designed for cargo, is a gearless or a geared vessel?
If the owners contract to supply a “gearless” vessel then does the presence of a crane not designed for cargo operations render her...
20
Siddharth Mahajan
Aug 12, 20181 min read
Anchored at coalition holding area off Yemen - is the NOR valid or not?
Various kinds of C/P issues are bound to arise from the ongoing conflict in Yemen. Most recently, in London Arbitration 16/18, a dispute...
00
Siddharth Mahajan
Jul 8, 20181 min read
Lawful deductions made for under performance but claim put forward under off-hire - what happens?
What if time charterers make lawful deductions for under- performance but then wrongly put them forward to owners as having being made...
10
Siddharth Mahajan
Jul 1, 20181 min read
HRA, crew bonus and choice of route
HRA, IBF Extended Risk Area & JWC Listed areas in Indian Ocean were at the center of discussion in London Arbitration 13/18. First issue...
170
Siddharth Mahajan
Jul 1, 20181 min read
Speed & consumption claim - it's all about the language
What does this clause imply: “The time during which there is bad weather/heavy swell or adverse current with wind exceeding beaufort...
50
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