Cascade Logistics’ Post

Legal Update: Limitation Claim Arising from the X-Press Pearl Incident In a pivotal legal determination, the Court has elucidated the ambit of Article 1(2) of the Convention on Limitation of Liability for Maritime Claims 1976 (as amended). This case emanated from the catastrophic fire and subsequent sinking of the X-Press Pearl off Colombo, Sri Lanka, on 2 June 2021. The claimants, comprising the vessel’s registered owners, bareboat charterers, and deponent owners, successfully petitioned for a limitation decree to circumscribe their liability for losses ensuing from the incident. The Court scrutinised whether Maersk, Bengal Tiger Line, and MSC, identified as "slot charterers," were also entitled to limit their liability under the Convention. Salient points from the judgment include: 1) The definition of "shipowner" under Article 1(2) encompasses owners, charterers, managers, or operators of a sea-going vessel. 2) The Court referenced the precedent set in The MSC Napoli case, affirming that slot charterers are entitled to limit their liability. 3) The contractual arrangements and the substance of the agreements are pivotal in ascertaining whether a party qualifies as a "charterer." This judgment highlights the necessity of examining the substance over the nomenclature in contractual arrangements to ensure alignment with the Convention's language and intent. #MaritimeLaw #LegalUpdate #ShippingIndustry #XPressPearl #LiabilityLimitation #ULA

Maritime Arbitration-Stevedore Detention and Crane Rental This claim was being presented for the delays and expenses incurred at Albany caused by the breakdown of the vessel's gear. The panel had carefully considered the arguments advanced by the parties and disagreed with the Owners' argument that Charterers, because the gear was in good working order at the prior ports, had the burden to show that the non-working of the gear was not attributable to the Albany stevedores. On the contrary, it was incumbent upon Owners to demonstrate that the cargo gear was in proper working order and that the actions of Charterers or their servants prevented the proper and full working of vessel's cranes. Without such proof, the Panel could not accept the Owners' arguments that the cranes failed because of the stevedores' improper operation of the gear or the extremely cold temperatures which affected the hydraulic oil. Given the charter party provision that the vessel was "in every way fitted for the service and so maintained by the Owners through currency in [sic] this C/P", the Panel found that the Owners failed in their duty to properly maintain the gear and to make the full working of the gear available to Charterers. Consequently, the Owners were liable to Charterers for the crane rental ($ 2,400) and the stevedore detention ($ 8,138.95) together with interest. SMA Award #arbitration #stevedores #disputeresolution

Learn from leaders in the maritime sector with our upcoming four-day Masterclass on Bills of Lading & Charter Party Clauses. Explore practical concerns regarding issues such as enforcement of the bill of lading, cargo delivery to the rightful holder of the bill of lading, and many other complex topics.   For more information click on the link below: https://lnkd.in/er-4bFNW #BillofLading #Charterers #Shipowners #BillEnforcement #Charterparty #Shippingfinance #Timecharterparties #Oilmajors #Gascarrier #Chemicalcarrier #Bulkoperators #HagueEnforcementRules #Riskmanagement #Demurrageclaim #Chemicalcarrier #DisputeResolutionMechanism #Shippingcompanies #Tradingcompanies #Distributioncompanies #CommodityTransportationIssues #Shippingoperations #Shipcharter #OneBulk #HiinAsiaPacific #SwireBulk #WestportTradingandShipping #StenaBulkSingapore 

The Principle of General Average in Maritime Law Why is it important to understand the financial obligation if you ship using sea freight? read more here https://lnkd.in/ez6eyKrJ Ian Radcliffe Mike Wallis LLB FCILT Robert Tedd Andy Berry Ruth Hubball Steve Megson Philip Megson #freight #seafreight #logistics #maritimelaw #protectyourcargo #supplychain #freightforwarder #unexpectedcosts

The Red Sea crisis and the resulting sailing around Africa called for more container ships. More container ships mean more port congestion at many origin and destination maritime gateways. The resulting unpredictable sailing schedules result in unpredictable container drop offs and pick ups. And so we come to demurrage and detention problems. Call it a circular, self-propelling crisis. #shipping #maritime #logistics #strategy

General Average & Salvage Two recent incidents have brought into global consciousness the peculiarities of Maritime Law. The collision of Dali with the Francis Scott Key Bridge in Baltimore and the Ever Given clogging the Suez Canal holding up the traffic in the Canal and causing serious disruptions to the global supply chain has also raised the incidents of General Average and Salvage. In this Law Review article I cover in detail, with case laws, the principles of General Average and Salvage. There are some principles of maritime law which have no equivalent under normal contract law or land or air carriage. Situations like general average and salvage may arise during the maritime adventure and parties involved e.g. shipowner, cargo owner and charterer will need to be aware as when situations of general average or salvage occur, they impact parties and their property #admiralty #shipping #maritimelaw #arbitration

Sea Consortium Fined $40,000 for Violating Bangladesh Flag Rules 🚨🇧🇩 Sea Consortium has been fined $40,000 for violating Bangladesh flag rules. This penalty underscores the importance of adhering to national regulations in maritime operations. Ensuring compliance with local laws is essential for maintaining industry standards. 🔗 Sea Consortium fined $40,000 for violating Bangladesh flag rules https://lnkd.in/d7iZJzTH #Safety #Regulations #MaritimeOperations #Compliance #IndustryStandards

The third installment in our Baltimore Key Bridge Collapse series (see Part I and Part II) examines the short- and long-term Eastern port impact, including the temporary increase in cargo volume and the Federal Maritime Commission (FMC) outlook on demurrage charges following the collapse.

Sea Consortium Fined $40,000 for Violating Bangladesh Flag Rules 🚨🇧🇩 Sea Consortium has been fined $40,000 for violating Bangladesh flag rules. This penalty underscores the importance of adhering to national regulations in maritime operations. Ensuring compliance with local laws is essential for maintaining industry standards. 🔗 Sea Consortium fined $40,000 for violating Bangladesh flag rules https://lnkd.in/d7iZJzTH #Safety #Regulations #MaritimeOperations #Compliance #IndustryStandards