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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' imply? Besides 'arrival' does it encompass 'departure' as well, or in other words does 'always accessible' also mean 'always leavable'. Answer lies in the vocabulary used in C/P (The Aconcagua Bay [2018]).

So what does the term 'always accessible' imply? Besides 'arrival' does it encompass 'departure' as well, or in other words does 'always accessible' also mean 'always leavable'. Professionals have treated the term as being synonymous with 'reachable on arrival'. In London Arbitration 11/97, it was held that the term does not cover leaving the berth. The issue again came up in The Aconcagua Bay [2018]. The court took a practical approach and held that where parties talk about 'accessiblity' of a port, they don't talk about entry alone. The warranty covers 'departures' as well. 20 yr old Arbitration decision on port accessibility was held to be incorrect.


Charterers would now want to have the words 'reachable on arrival' instead of 'always accessible' inserted in the C/P. Owners would want the opposite!






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