Segregation of dangerous goods under the IMDG Code and Master’s personal liability for violations
Can a Master be personally held liable for IMDG segregation conflicts arising due to an error in the software used onboard for DG checks?...
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Just maritime
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Siddharth Mahajan
Feb 26, 20232 min
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...
331
Siddharth Mahajan
Oct 24, 20222 min
Mental / behavioural disorders and medical fitness for sea service
During medical examinations, seafarers who have been diagnosed with some form of mental or behavioural disorder in the past can be...
230
Siddharth Mahajan
Aug 7, 20222 min
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...
600
Siddharth Mahajan
Jul 31, 20221 min
Savage & vicious nature of a crew member, and owner's liability for unseaworthiness
Can a vessel be deemed unseaworthy due to the violent nature of a crew member? In The Captain Billy Haver [2021], first mate was murdered...
310
Siddharth Mahajan
May 22, 20222 min
A vessel brought to India basis a false distress alert - can it be subject to customs duty?
Can the authorities impose customs duty or confiscate a foreign vessel and its goods if the only reason the vessel was in the country...
560
Siddharth Mahajan
May 16, 20222 min
A stevedore falling through an open entrance cover of a poorly lit lashing bridge – who’s to blame?
LHWCA authorizes suits by longshoremen injured due to the negligence of a shipowner. Stevedores in US are known to not shy away from...
540
Siddharth Mahajan
May 2, 20222 min
UMS and its impact on safe manning
As onboard automation increases, manning levels are bound to reduce. Regulatory bodies assessing Minimum Safe Manning requirements, may...
180
Siddharth Mahajan
Apr 3, 20222 min
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,...
450
Siddharth Mahajan
Mar 26, 20222 min
Safe manning documents
Do safe manning documents account for onboard realities to accurately reflect the minimum number of seafarers required on a ship? Often,...
100
Siddharth Mahajan
Jun 27, 20211 min
Disability compensation - for heart ailment
For a seafarer, claiming disability compensation can be a hard task. Its down to the terms in the employment contract and the judicial...
10
Siddharth Mahajan
Dec 31, 20201 min
MARPOL violations in US
MARPOL violations, typically of Annex I, on high seas is not uncommon and one state that has been aggressively pursuing such is US....
40
Siddharth Mahajan
Dec 31, 20201 min
Crew wages, MLC and AMSA
AMSA is one of the few port state control authorities that comes down hard on ship owners who underpay its crew. Over the years many...
70
Siddharth Mahajan
Dec 31, 20201 min
'Non-Seafarers Work' clause in ITF CBAs
For lashing containers can the operators be strong armed into using stevedores and that too only those belonging to ITF-affiliated trade...
10
Siddharth Mahajan
Nov 24, 20191 min
Crew wages - check local requirements for coastal trade in Aus as MLC compliance may not be enough
Engaging in coastal trading could expose a foreign flagged vessel to a variety of local laws and it is upto the owners to appraise...
70
Siddharth Mahajan
Dec 23, 20181 min
Piracy & seafarer employment contracts
Amalgam of multiple issues such as piracy, seafarer employment contracts, CBAs, arrest of ship and sister ship – is what makes The...
10
Siddharth Mahajan
Nov 25, 20181 min
Deviating to pick up a crew member to comply with SMC. Is it 'reasonable'?
Can deviating to pick up a crew member to comply with SMC (Safe Manning Certificate), be considered as ‘deviating for reasonable...
10
Siddharth Mahajan
Nov 4, 20181 min
Injured seafarers and ambulance chasing lawyers
Seafarers who have been injured onboard a ship are often lured by ambulance chasing lawyers into bringing a lawsuit against the ship...
10
Siddharth Mahajan
Sep 2, 20181 min
Claiming for injuries stemming from excessive work hours
Shipboard ‘rest & work hours’ is one of those (taboo) topics that has somehow avoided direct judicial confrontation. While breaches and...
50
Siddharth Mahajan
Jul 1, 20181 min
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...
160
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