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Just maritime
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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...
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Siddharth Mahajan
Aug 20, 20222 min read
What takes precedence - commercial pressures or the UKC policy and the necessary safety margins?
Breaching the UKC policy for commercial reasons is a calculated risk taken frequently. Sometimes the safety margins are however just too...
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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...
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Siddharth Mahajan
Mar 28, 20221 min read
Demurrage compensates only for lost freight?
If laytime is exceeded, demurrage kicks in to compensate a shipowner for the loss of prospective freight earnings. But is that all...
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Siddharth Mahajan
Nov 30, 20212 min read
Demurrage, time bars and time zones
An interesting one for those in commercial operations. What time zone should be used to determine whether a demurrage claim is time...
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Siddharth Mahajan
Nov 18, 20212 min read
Notice of Readiness (NOR) and what is an 'arrived ship'
Can charterer’s obligation to provide for a berth upon vessel’s arrival be triggered without the Master tendering notice of readiness?...
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Siddharth Mahajan
Sep 16, 20212 min read
Is a document a bill of lading just because it is titled as such?
Is a document a bill of lading just because it is titled and worded as such? The question was up before Singapore Court of Appeal in The...
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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...
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Siddharth Mahajan
May 2, 20211 min read
"Shipped in apparent good order and condition" - apparent to whom?
A bill of lading will generally state that the cargo has been "shipped in apparent good order and condition". But apparent to whom –...
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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...
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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...
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Siddharth Mahajan
Dec 31, 20201 min read
Laytime stops if discharge is delayed by government interferences?
Submitting false documents for clearance of cargo is never a good idea. In the case of The Muammer Yagci [2018], it led to a 4.5 month...
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Siddharth Mahajan
Dec 31, 20201 min read
Shippers, unpaid freight & switch B/Ls
Unpaid freight and switch bills of lading – does the original shipper cease to be liable? llawarra Fortune was voyage chartered by...
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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...
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Siddharth Mahajan
Dec 31, 20201 min read
Safe berth clauses - is charterer's duty absolute?
Safe berth clause in voyage charters – an express warranty of safety by the charterer? SCOTUS had to resolve this in The Athos I [2020]....
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Siddharth Mahajan
Dec 30, 20201 min read
Demurrage claims, supporting docs & time bars
When submitting a demurrage claim, C/Ps usually requires the owner to submit all supporting documents within a certain time period after...
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Siddharth Mahajan
May 10, 20201 min read
Switch B/Ls - a tricky affair
Using switch bills of lading is tricky as highlighted by The Grand Ace 12 [2019]. Vessel loaded two parcels of oil from China and Taiwan....
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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...
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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...
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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...
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Siddharth Mahajan
Dec 31, 20191 min read
Demurrage claim docs - owners need to re-submit what charterers already have?
When making a demurrage claim C/Ps usually require submission of all supporting documents. But what are these? What if some of them are...
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Siddharth Mahajan
Dec 31, 20191 min read
Implied indemnity for a clean B/L?
Can a general indemnity be implied in a voyage charter when a clean B/L is issued for goods which were infact loaded in a pre-damaged...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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Siddharth Mahajan
Dec 16, 20181 min read
Vessel waiting for orders - a demurrage or detention claim?
In the absence of a clause giving a party the right to direct the vessel to wait for orders, they nonetheless order the vessel to wait...
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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...
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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...
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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?...
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Siddharth Mahajan
May 13, 20181 min read
Can a charterer rely on 'cesser clause' in C/P to avoid paying GA contribution?
A case from 1970s, The Corinthian Glory provides some explanation. (caution: case is quite fact specific). Charterers took delivery of...
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Siddharth Mahajan
Mar 11, 20181 min read
Who bears the risk if departure is adversely affected - owners or charterers?
Port accessibility - who bears the risk if departure is adversely affected? Charterers or owners? What does the term 'always accessible'...
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