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Just maritime
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Siddharth Mahajan
Nov 26, 20232 min read
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....
810
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...
640
Siddharth Mahajan
Jul 31, 20221 min read
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
Dec 1, 20212 min read
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
Aug 11, 20191 min read
Exclusion clauses in B/L - the phrase 'howsoever arising' encompasses losses due to unseaworthiness?
Does a general exclusion clause in B/L cover loss/damage to cargo caused by negligence or unseaworthiness? The answer is quite...
220
Siddharth Mahajan
Jul 28, 20191 min read
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...
40
Siddharth Mahajan
Nov 4, 20181 min read
Due diligence, SMS & insurance claims
The DC Merwestone made headlines in 2016 for court’s decision that when an insured employs a fraudulent device to advance an otherwise...
60
Siddharth Mahajan
Oct 28, 20181 min read
Seaworthiness & acts / omissions of Technical Superintendents
Can a failure to supply necessary spares for ME maintenance result in the carrier losing out on the defense under Art.4(1) of Hague...
80
Siddharth Mahajan
Sep 16, 20181 min read
Container ships - stability margins & unseaworthiness
Container ships are generally known to fully utilize the available limits when it comes to stability margins and often experience large...
60
Siddharth Mahajan
Jun 24, 20181 min read
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...
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