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Just maritime
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'Frozen seafood' cargo. No set point in B/L. Reefer is not connected. Cargo damaged. Who's to blame?
B/Ls for reefer containers usually mention the set point to be maintained by the carrier during transit. What if it only mentions ‘frozen...
Siddharth Mahajan
Jul 16, 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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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...
Siddharth Mahajan
Dec 31, 20191 min read
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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...
Siddharth Mahajan
Dec 31, 20191 min read
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COT rupturing due to incorrect pigging / line blowing - who's to blame?
Pigging / line blowing are crucial operations on chemical tankers. If not done correctly, it can lead to COT rupturing due to...
Siddharth Mahajan
Jul 28, 20191 min read
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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...
Siddharth Mahajan
Feb 24, 20191 min read
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Cargo of coffee damaged by condensation & 'inherent vice' defence under Hague rules
A highly debated area - 'burden of proof in cargo claims', provided with much needed clarity last month by the UK Supreme Ct. in Volcafe...
Siddharth Mahajan
Dec 23, 20181 min read
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‘Management of ship’ and ‘management of cargo’ are not the same
As regards duty of the master for the purposes of Hague rules defence available to ship owners for loss/damage caused by errors in...
Siddharth Mahajan
Oct 21, 20181 min read
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Lien over sub-freight/sub-hire is a registrable charge?
Just how much Singapore wants its maritime commerce to flourish unhindered was demonstrated in a recent case The V8 Stealth II [2018],...
Siddharth Mahajan
Sep 16, 20181 min read
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Does the one yr time bar in Hague (Visby) Rules apply to ‘misdelivery’ claims?
Does the one yr time bar in Hague rules apply to ‘misdelivery’ claims? What if the claimant commences proceedings in a foreign court in...
Siddharth Mahajan
Jul 15, 20181 min read
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Whether the responsibility for cargo ops rests with owners or charterers - depends on the clause
NYPE Inter Club Agreement makes charterer 100% liable for claims arising out of ‘loading, stowage, lashing, discharge and storage’ unless...
Siddharth Mahajan
May 27, 20181 min read
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Seller doesn't ship the cargo, but obtains payment from the buyer. Can an 'all risk policy' respond?
All Risk Marine policy doesn't really provide cover for all kinds of contingencies. In a recent case Englehart CTP v Lloyd’s Syndicate...
Siddharth Mahajan
May 6, 20181 min read
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When making a claim under B/L, should cargo receivers account for recovery made under sale contract?
Can a B/L holder, as receiver of damaged goods claim against shipowners (the carrier), even though the voyage charterers (as CIF sellers)...
Siddharth Mahajan
May 6, 20181 min read
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