Most voyage charterparties make the commencement of laytime conditional on the tender of a valid notice of readiness. If the notice is invalid, then in the absence of a waiver by charterers laytime will not commence at all, even if the charterers knew or ought to have known that the vessel was in all respects ready.
US Supreme Court decides that an injured seaman may not recover punitive damages, i.e. monetary awards intended to punish a defendant, for injuries caused by the unseaworthy condition of a vessel. The decision aligns the remedies available under general maritime law (common law), with those available under the Jones Act (statutory law) and eliminates uncertainty for shipowners, employers and their liability insurers when assessing a seaman’s claims for injury.
Nick Platt is retiring after more than 40 years with Gard. We had the opportunity to discuss his career in claims and some lessons he learned on the way. The technology around our work has changed and is changing, yet the human element of loss prevention and casualty response remains the most important touch point for protecting people, the environment and property.
It is a pleasure to share some of Nick Platt’s thoughts following his speech at the Gard Summer Seminar titled “40 years in 40 minutes – A Life in P&I Claims”. Gard Insight Editor, Kim Jefferies, asks him for more detail about the story from the 1980s he told “the biggest ship source oil spill that never happened”. Nick also highlights the importance of reaching out to salvors and counter-pollution authorities to introduce Gard’s casualty handling before accidents occur. We thank Nick for his years of service and congratulate him on his retirement.
The Norwegian Parliament recently decided that Norway shall ratify the Nairobi Wreck Removal Convention and that the Convention shall be given effect not only in Norway's exclusive economic zone, but also in its territorial waters. The Norwegian Parliament also adopted legislation to implement the Wreck Removal Convention into Norwegian law once ratified.
Now that the Ocean Opportunities Report has been finished, Gard’s contributors reflect on what they learned along the way.
Turning off the AIS to avoid detection is having the opposite effect when it comes to authorities monitoring vessels in areas covered by sanctions.
A local approach to the global problem of plastic in the ocean - Norwegians join together to clean marine litter from Norway’s shoreline.
The frequency of port state control taking spot samples of a ship’s fuel oil to verify its sulphur content is expected to increase significantly after 1 January 2020. Our case studies below show how proper onboard procedures and a well prepared and attentive crew can be crucial in avoiding unwarranted penalties.
The global sulphur cap, a MARPOL Annex VI requirement, enters into force on 1 January 2020, less than nine months away. In this short article we provide recommendations for managing the transition where the strategy is to use conventional compliant fuel, that is to transition from HSFO to a low sulphur fuel oil or distillate.
Carriers should ensure that they implement solid and diligent record-keeping routines of what is declared and known about the specific cargo to be carried and of each step taken to care for the cargo. This includes evidence of market practice for the storage and carriage of moisture absorbing cargoes.
Our previous article highlighted the development of Maritime Autonomous Surface Ship (MASS) in Norway and Finland with the YARA BIRKELAND and FinFerries’ FALCO projects. In this article, we focus on the challenges of adapting the existing regulatory regime and traditional marine insurance policy wordings to autonomous vessels.
Technological advances and the need for sustainable solutions at sea, require safe, flexible and adaptable approaches. So, at Gard, we are preparing ourselves by collaborating with Members, clients and the maritime industry to understand the benefits and risks, and to find insurance solutions to meet evolving needs.
During the latest revision of the Nordic Marine Insurance Plan, it was agreed to restrict the war risk cover to politically motivated interventions, with state interventions falling outside the war risk cover included in the marine insurance cover.
Safe and efficient operation of ships require the crew onboard to work as a team. And teams that work best are those where team members feel valued – where they treat each other with dignity and respect.
The marine industry saw a plethora of regulations come into force during 2018 and there is no slowing down in 2019 as regulations related to crew, life and fire safety, environment, cargo, and certification will be implemented in the course of this year.
As discussed in our previous article, the practice of “beaching” vessels at the end of their useful lives is not illegal in all places and for all shipowners. Indeed, far too many commercial vessels are currently dismantled in environmentally unsound and unsafe conditions. Gard’s Manager for Sustainable Business, Live Jacob Sydness, explores a market driven approach to promote sustainable ship recycling.
While the IMO has given shipowners and operators until 2021 to incorporate cyber risk into ships’ safety management systems, cyber criminals are already at work. Data is an asset and protecting it requires a good balance between confidentiality, integrity, and availability. Cyber security depends not only on how shipboard systems and processes are designed but also on how they are used - the human factor.
Gard’s investment team grapples with market movements as does any other institutional investor. Our Senior Investment Risk Analyst, Thor Abrahamsen, shares his thoughts about current market volatility.
As the number and density of fishery farms grow in Chinese waters, they pose an increasing danger to the safe navigation of commercial vessels.