top of page
Just maritime
Designed for mobiles and Windows. May not display properly on MAC.
Siddharth Mahajan
Jun 29, 20242 min read
Explosive Cargo, Divided Blame: Who Pays When a Shipment Goes Up in Flames?
Who is liable when a dangerous cargo shipment explodes during the voyage, the carrier or the shipper? This question becomes particularly...
26
0
Siddharth Mahajan
Jul 9, 20232 min read
Hull cleaning by owners after redelivery - at charterers' time & expense?
Hull fouling clauses in charterparties often state that ‘underwater cleaning of hull is always at charterers' time and expense’. What is...
55
0
Siddharth Mahajan
Feb 26, 20232 min read
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...
35
1
Siddharth Mahajan
Feb 12, 20232 min read
Is a claim by the shipowner against time charterer for damage to vessel limitable?
When there is a cargo fire and that consequently damages the vessel also, then can the time charterer limit its liability towards the...
28
0
Siddharth Mahajan
Jan 28, 20232 min read
No deductions from hire without shipowner’s consent?
A time charterer is relived of the obligation to pay hire under an off-hire provision. But what if the payment of hire clause is worded...
36
0
Siddharth Mahajan
Jan 1, 20231 min read
US sanctions & freight payments - will '€' work instead of '$'?
To avoid US sanctions, Charterers sometime make payments to owners in currencies other than USD. What if the C/P provides that freight is...
26
0
Siddharth Mahajan
Aug 27, 20222 min read
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...
29
0
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...
61
0
Siddharth Mahajan
May 8, 20222 min read
Time charterers and maritime liens
If a bank exercises its ship mortgage maritime lien and arrests a vessel for owner’s default, then a time charterer as provider of...
104
0
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...
64
0
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,...
46
0
Siddharth Mahajan
Mar 27, 20221 min read
Performance warranties & cancellation of C/P
Charterparties usually allow charterers to deduct hire for vessel’s underperformance, but are they entitled to cancel a C/P for...
20
0
Siddharth Mahajan
Mar 26, 20221 min read
COVID & Off-hire - Pilot's refusal to have his body temp. measured
Most onboard COVID-19 protocols require the seafarers to implement certain measures before allowing 3rd parties onboard. One of the...
5
0
Siddharth Mahajan
Mar 26, 20221 min read
Delays due to COVID & offhire
If a ship is held by quarantine officers because a crew member is suspected of being COVID positive then the risk of delay falls on...
5
0
Siddharth Mahajan
Mar 26, 20222 min read
Is a time charterer responsible for ship's technical management?
Notwithstanding that a time charterer has little or no say in the way a vessel is technically managed, can it be found liable for...
16
0
Siddharth Mahajan
Mar 26, 20221 min read
OFAC sanctions and payment of charter hire
What do you do as a shipowner if OFAC applies sanctions to charterers by adding them to the SDN list during the currency of C/P? Do you...
15
0
Siddharth Mahajan
Sep 26, 20211 min read
Baltic Exchange changing its benchmark vessel impacts hire payment?
If the Baltic Exchange alters the published rate scheme by changing the benchmark vessel during the currency of charter then hire...
0
0
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...
14
0
Siddharth Mahajan
Apr 11, 20211 min read
Owner invoiced by port agents after Charterer goes bust
It is usually the time charterer who provides and pays for port agents. But if the charterer goes bankrupt, then can the agent look...
6
0
Siddharth Mahajan
Dec 31, 20201 min read
“Subject to suppliers’ approval of the vessel” - a pre condition?
"Subject to details", “subject to board approval” and other similar expressions are well known in ship chartering, meaning that the C/P...
6
0
Siddharth Mahajan
Dec 31, 20201 min read
Can a charterer appointed port agent arrest the vessel for unpaid invoices?
A ship’s agent plays a very important role in organizing and coordinating all aspects of a port call. Often, they make certain payments...
6
0
Siddharth Mahajan
Dec 31, 20201 min read
Bunker suppliers arresting ship because charterer did not settle invoices
To recover the sums due for bunkers supplied on request of time charterers, suppliers may try to claim against the vessel by having her...
8
0
Siddharth Mahajan
Apr 2, 20201 min read
'The Covid battlefield' for owners and charterers
Coronavirus has the world’s attention. Shipping will clearly be affected. It could lead to disputes, souring some commercial...
2
0
Siddharth Mahajan
Mar 29, 20201 min read
Payment for bunkers not remitted down the C/P chain - a risk for owners
It is common to have a string of contracts in the bunker supply chain, which creates a risk of ship being arrested if the payment for...
3
0
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,...
3
0
Siddharth Mahajan
Dec 31, 20191 min read
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...
14
0
Siddharth Mahajan
Dec 31, 20191 min read
Different NOR regimes for head and sub charterers
Altering the standard C/P forms and not having the charters on back to back terms may result in unexpected consequences. In The Alpha...
5
0
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...
2
0
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...
3
0
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...
5
0
Siddharth Mahajan
Apr 28, 20191 min read
Vessel captured by pirates - is hire suspended? (hint: it depends on the wording of the clause)
Once a vessel is hijacked by pirates, there are bound to be many commercial disputes. Hire payment is one of them, as seen recently in...
6
0
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...
5
0
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...
5
0
Siddharth Mahajan
Nov 25, 20181 min read
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...
1
0
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...
2
0
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...
1
0
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...
5
0
Siddharth Mahajan
Jun 17, 20181 min read
No oral modification clauses - enforceable?
Where a written [charterparty] contract expressly ‘prohibits’ oral modifications through NOM clause, is an oral modification enforceable?...
4
0
Siddharth Mahajan
May 6, 20181 min read
Fouling as a result of charters' orders - can they claim for underperformance from owners?
Jurists and chartering professionals often rely on the highly acclaimed ‘Time Charters’ and ‘Voyage Charters’ publications for guidance...
9
0
bottom of page