04 MAR 2021
Over the course of the last several years, Gard has experienced an alarming increase in large claims arising from damage to soya beans shipped in bulk from Brazil to China. Shipowners and their Clubs have faced detentions and high demands for security resulting in Letters of Undertakings being issued in the millions of dollars. In these cases, the damage is most often caused by microbiological instability and resulting self-heating of the cargo. In our first video of a three-part series, we speak with cargo scientist, Dr. Tim Moss of Brookes Bell who explains the causes and effects of microbiological instability.
25 FEB 2021
On 19 February 2021 the United Kingdom Supreme Court handed down its decision in the first collision case to reach the UK’s highest court in nearly 50 years, in the The “EVER SMART” and The “ALEXANDRA 1”  UKSC 6. Faz Peermohamed of Stann Law gives his reflections on the case.
25 FEB 2021
In September 2020, the state legislature in California enacted a statutory amendment to its marine oil pollution law (AB 3214), which greatly enhanced the monetary penalties that can be imposed after such incidents. The law came into effect in January 2021.
22 FEB 2021
Masters and crews operating along the US/Canadian East Coast must maintain a good lookout for right whales and follow the speed restrictions in force at any given time.
18 FEB 2021
During the pandemic, our Members have faced many challenges, and we see claims that are somewhat different than those we have seen before. It is not always easy for our Members to differentiate between operational expenses and recoverable insured costs, so we summarize here the key elements of cover and guidance on the best practices for preparing claims documentation.
This question has become all too relevant as we have recently experienced several serious container stack collapse cases. Such incidents may occur more often during the heavy weather winter season. This year, however, there may be an additional factor - Container ships are maximizing capacity to deal with high demand for consumer products and backlog in export following the pandemic.
In this article, we will take a brief look at some of the complications that can arise with respect to both voyage and time charterparties when there is significant delay, such as that experienced to laden vessels off shore China.
20 JAN 2021
Boyan Slat, now 26, was just a teenager when he first pitched his idea of a global ocean cleanup of plastic litter and established the non-profit foundation, The Ocean Cleanup. Today he is CEO of a team of more than 90. Our author, Alice Amundsen first met him in 2016 when Gard invited him to speak at its Summer Seminar. Gard has been supporting and following the Ocean Clean-up ever since.
A need to draw a distinction in the IMSBC Code between bauxite cargoes that may liquefy and those that do not, led to the development of a new cargo schedule for bauxite fines in the Code.
For the past two years, Oliver Bailey has done a deep-dive into nautical science, navigation, firefighting, and many of the other subjects required to become a competent mariner. Not to mention: he’s been stuck at sea.
2021 ushers in a new cyber era for the shipping industry with the introduction of the requirement to address cyber risks in a vessel’s safety management system. This is just one of the many regulations that enter into force this year. Below, we look at a number of the more important international regulations that enter into force in 2021, as well as some key domestic regulatory changes in relation to ship recycling and other environmental issues such as air emissions.
In our final Insight of 2020, Senior Loss Prevention Executive Jarle Fosen shares his exciting visit last week to the Yara Birkeland, the first fully battery operated container vessel designed for autonomous operation. Looking to a brighter future is a fitting way to end our publishing year. We wish our readers a safe and cozy holiday and a Happy New Year.
Over the years Gard has seen several cases where stowaways have hidden in the vessels’ rudder trunks in an attempted journey to a better life. Due to the high risk of drowning in the rudder trunk, not all cases have a positive outcome. In this article we will explore a recent case for the vessel CHAMPION PULA and put the scenario into the context of the global stowaway problem.
Ships carry 90% of the world’s goods to and from all corners of the globe. This makes commercial shipping a natural choice for traffickers to move their contraband to market. Hiding drug shipments in bulk cargo, ship void spaces, in containers and attached to the hull has been a problem for years and continues to challenge vessel operations. Our guest authors, discuss the legal position of the owner and charterer when the vessel is delayed or detained due to discovery of drugs secreted on the ship, using as an example, a cache found in the sea chest.
“Not always afloat but safely aground”, or NAABSA, is used to describe ports where the seabed is suitable for the vessel to rest at low tide without damage to its hull. However, care is required when calling such ports to avoid not only damage to the vessel or delays, but also to avoid straining the commercial relationship between owners and charterers.
A letter of indemnity does not need to be printed and signed to be valid and binding – in some trades it is common for charterparties to contain clauses that allow letters of indemnity to be ‘invoked’ by the charterer in an email. Whilst it does save time and administration, these clauses and their invocation do require some thought and care.
In conjunction with the UN World Diabetes Day, we join the effort to raise awareness among our readers of the risks of the disease, particularly to seafarers and the increased risk during the Covid-19 pandemic. Here is what we can do to minimize risks, save lives and ensure safety at sea.
At our recent webinars dealing with the difficult and timely issue of crew changes during the COVID-19 pandemic, our presenters discussed the issue from the standpoint of seafarer wellbeing as well as the contractual challenges between owners and charterers faced with deviations for crew rotation. In this article we follow up on some of the questions put to them during the seminar.
Although important steps are being taken to address the problem of containership fires, Gard estimates that so far in 2020, there have been one fire involving containerized cargo every two weeks.
The U.S. Department of Justice aggressively prosecutes shipowners and operators of foreign-flag vessels calling at U.S. ports for MARPOL violations. These prosecutions are often the result of an initial inspection and investigation by the U.S. Coast Guard. Our authors both served as US Coast Guard attorneys before moving to the private sector. They share their insights into the rights and responsibilities of shipowners and crew when interacting with U.S. Coast Guard inspectors and investigators.