StilFresh’s Post

Misdelivery Claims: When Time is Not on Your Side Maritime law just got a shake-up. If you’re in shipping, logistics, or cargo claims, you need to pay attention to Fimbank Plc v KCH Shipping Co Ltd. The Supreme Court just clarified a critical point: the one-year time bar under the Hague Visby Rules applies to post-discharge misdelivery claims. Translation? The clock is ticking faster than you might think. Here’s the issue: misdelivery—cargo handed over to the wrong person without a bill of lading. Sound familiar? It’s a nightmare scenario for cargo owners and financiers. The Court ruled that the carrier’s responsibility doesn’t stop at discharge. It extends to delivery, and if you don’t file your claim within a year, your rights vanish. What does this mean for you? Cargo owners: 1. Act quickly. 2. Monitor deliveries. 3. Time limits are strict. 4. Delivery is the key point. 5. Discharge doesn’t end liability. 6. Misdelivery claims expire in one year. 7. Letters of indemnity increase risks. 8. Record-keeping ensures stronger claims. 9. Understand your rights under the Hague Rules. Curious about the details? I created a cheat sheet that breaks down this case, from the arguments to lessons learned. It’s a quick read but packed with actionable insights. Want to get an HD PDF of this sheet, let me know in comments or send a DM for a FREE copy.

The "Rotación" newspaper publishes the article by Mikel Garteiz-goxeaskoa and Zuberoa Elorriaga on "Mechanisms to Protect Against the Risk of Non-Payment in Shipyards and Ship Repairers", in its Spanish Maritime Law special. In any commercial or industrial activity involving the exchange of goods or services, there is a risk for the supplier that he will not be paid for his goods or services. To avoid these risks, market operators can take appropriate contractual measures or assert the rights that the legal system, the law, grants them. The risks of non-payment are not particularly higher in the shipbuilding or ship repair sector than in any other sector under consideration. However, due to the type of asset on which the entire maritime shipbuilding or ship repair business is based, the ship, sometimes under foreign flag and ownership, protection against such risks of non-payment deserves special attention. Many shipowners are organised under single-ship corporate structures, which means that with the vessel gone, the shipping company is undercapitalised and collection of claims against it becomes impossible. The mobility of ships, which can easily change jurisdiction, can also add complexity to the recovery of claims in cases where there are no other known assets of the shipping company in the jurisdiction where the shipbuilder or ship repairer operates. In order to protect their interests, both shipbuilders and ship repairers can implement contractual mechanisms that best protect their claims. There are also legal mechanisms that the legislation provides to these operators with the same protective purpose. In this article we will try to explain some of these mechanisms. Read more in "www.aiyon.es"----- https://lnkd.in/dCsWKpfa AIYON Abogados #shipbuilding #shipyards #shiprepairer #ships #spanishshiparrest #vesselretention

#importanceofclarityincontracts #legalsystem #thelaw #legalprinciples #maritimelaw #marineengineering #charterparty #charterpartycontracts #seafarers #mariners #commercialshipping #disputes #disputeresolution #law #philosophyoflaw #shipping #shippingindustry #legalobligations The Carrier’s Duty to Take Reasonable Care of Cargo. In maritime transport, ensuring the cargo's safety is just as important as the ship's seaworthiness. A carrier has the obligation to take reasonable care of the cargo during its entire journey, from the time it’s loaded until it’s discharged. This responsibility, defined under common law, covers all handling operations like stowage, and the carrier becomes liable if any damage occurs during this process. Under common law, the period of the carrier’s responsibility extends from the time at which the goods cross the ship’s rail on loading to the time at which they cross back over it on discharge Often, independent stevedoring companies manage loading and unloading, and while the carrier might not directly control them, they are still responsible for any damage caused. The law treats the stevedores as servants of the carrier, meaning the shipowner is vicariously liable for their negligence. Vicarious liability is a type of strict liability, which means that the principal is in control of the agent and the agent's actions represent the principal. However, there are exceptions. If the bill of lading specifies that the shipper or receiver is responsible for loading or discharge (commonly referred to as ‘free in/free out’), the carrier is not liable for any damage that happens during these operations. Additionally, a shipper is not obliged by any terms of the charterparty, of which it has no notice, which then shifts the responsibility for loading or discharge onto the charterers. This highlights the importance of clarity in contracts and understanding the full scope of responsibilities under different terms, ensuring better risk management for all parties involved.

Types of Bill of Lading 1. Clean Bill of Lading: Indicates that the goods were received in good condition, without any defects or damages. 2. Claused (Foul) Bill of Lading: Includes notations of any defects or damages to the goods or their packaging at the time of receipt. 3. Negotiable (Order) Bill of Lading: Can be transferred to third parties, allowing the goods to change ownership while in transit. 4. Straight Bill of Lading: Non-negotiable and used when the goods are delivered to a specific consignee. Key Legal Principles 1. Liabilities and Duties: Under international conventions like the Hague-Visby Rules, Hamburg Rules, and the Rotterdam Rules, carriers are subject to specific duties, such as the obligation to properly and carefully load, transport, and discharge goods. They are also liable for any loss or damage unless exempted by specific clauses (e.g., due to natural disasters or acts of war). 2. Rights of the Carrier: Carriers have the right to claim unpaid freight charges and can exercise a lien over the goods if the shipper or consignee fails to fulfill payment obligations. 3. Dispute Resolution: Disputes over the bill of lading may arise concerning damage, misdelivery, or delay of goods. These disputes are often resolved through arbitration or litigation, depending on the terms of the contract and applicable international conventions.

A bill of lading is a fundamental legal document in shipping and logistics. This article explains the definition and purpose of a bill of lading, along with an example, various uses, and types: https://lnkd.in/g9C9uQ4Q #shipping #logistics #business #law

BILL OF LADING IN PRACTICE To highlight the importance of bills of lading and their implication with respect to Charterparties and General average, we couldn’t think of a better case to illustrate it than 𝙃𝙚𝙧𝙘𝙪𝙡𝙞𝙩𝙤 𝙈𝙖𝙧𝙞𝙩𝙞𝙢𝙚 𝙇𝙩𝙙 𝙖𝙣𝙙 𝙤𝙩𝙝𝙚𝙧𝙨 (𝙍𝙚𝙨𝙥𝙤𝙣𝙙𝙚𝙣𝙩𝙨) 𝙫 𝙂𝙪𝙣𝙫𝙤𝙧 𝙄𝙣𝙩𝙚𝙧𝙣𝙖𝙩𝙞𝙤𝙣𝙖𝙡 𝘽𝙑 𝙖𝙣𝙙 𝙤𝙩𝙝𝙚𝙧𝙨 (𝘼𝙥𝙥𝙚𝙡𝙡𝙖𝙣𝙩𝙨) [2024] 𝙐𝙆𝙎𝘾 2. Bill of lading discussions: 1. Incorporation of Charterparty Clauses into Bills of Lading: 2. Interpretation of Incorporated Clauses: 3. Liability for Additional Insurance Premiums: 4. Negotiable Nature of Bills of Lading: 5. General Average and the Bill of Lading: 6. Legal Precedents and Maritime Law Principles: Charterparty Discussions: 1. Nature of the Charterparty Contract: 2. Incorporated Clauses in the Charterparty: • War Risk Clauses: • Gulf of Aden Clause: • Insurance-Related Clauses: 3. Importance of Clause Interpretation: 4. Incorporation into Bills of Lading: 5. Scope and Limitations: 6. Legal and Practical Implications: General Average Discussions: 1. Event Leading to General Average Declaration: 2. Declaration of General Average: 3. General Average Adjustment: 4. Legal Disputes and Implications: 5. Insurance and Liability Considerations: 6. Contractual Interpretation and Maritime Law: Have you had challenges with your bills of lading before? Are you aware of its implications? Grab a copy of this today to enrich your understanding or simply help us reach someone who need it by simply LIKE COMMENT SHARE Would you like to see more of case breakdowns? _______ 🎁🎁🎁 Do not miss out on this: For this Easter holiday, we are giving away All our sheets produced so far at 78% off! Grab your bundle here: https://lnkd.in/e3thrjEp Remember to follow Kingsly Kwalar for more posts like this.

Analysis and Discussion of Cases of Full Compensation for the Liability of Air Carriers for Goods in International Agreements Introduction The liability of air carriers for goods is an important subject in international aviation law, aimed at protecting the rights of shippers and providers of goods in the event of damage or loss during air transport. Several international agreements address this issue, including the Warsaw Convention and the Montreal Convention. In this context, we will examine cases of full compensation for the liability of air carriers for goods. 1. Definition of Full Compensation Full compensation refers to the compensation that shippers receive for damages incurred to goods during transport, which occurs under specific circumstances where the carrier is responsible for the damage according to the provisions of international agreements. 2. International Agreements A. Warsaw Convention (1929) This convention defines the basic liability of air carriers, requiring compensation for damages incurred to goods due to aviation accidents, but it sets a specific ceiling for compensation. B. Montreal Convention (1999) This convention replaced the Warsaw Convention and introduced significant amendments, including raising liability limits and defining full compensation for goods, allowing carriers to bear full responsibility in certain cases. 3. Cases of Full Compensation A. Total Loss of Goods In the case of the total loss of goods during transport, the carrier is liable to compensate the shipper for an amount equal to the value of the lost goods. B. Partial Damage to Goods If the goods suffer partial damage, the carrier is obligated to compensate the shipper for the value of the damage according to expert assessment. C. Delay in Delivery of Goods In cases of delay in the delivery of goods, the shipper may be eligible for compensation for damages resulting from this delay, especially if the delay is due to negligence on the part of the carrier. 4. Challenges Associated with Full Compensation A. Proving Liability Shippers may face difficulties in proving that the damage resulted from the carrier's negligence, which affects their right to full compensation. B. Time Limits International agreements set specific timeframes for submitting compensation claims, which may impact the chances of shippers receiving compensation. 5. Conclusion The issue of full compensation for the liability of air carriers for goods is a complex subject that requires a deep understanding of the applicable international laws. Through international agreements, a balance can be achieved between protecting the rights of shippers and goods providers and ensuring the accountability of carriers in the event of any damage.

BILL OF LADING IN PRACTICE To highlight the importance of bills of lading and their implication with respect to Charterparties and General average, we couldn’t think of a better case to illustrate it than 𝙃𝙚𝙧𝙘𝙪𝙡𝙞𝙩𝙤 𝙈𝙖𝙧𝙞𝙩𝙞𝙢𝙚 𝙇𝙩𝙙 𝙖𝙣𝙙 𝙤𝙩𝙝𝙚𝙧𝙨 (𝙍𝙚𝙨𝙥𝙤𝙣𝙙𝙚𝙣𝙩𝙨) 𝙫 𝙂𝙪𝙣𝙫𝙤𝙧 𝙄𝙣𝙩𝙚𝙧𝙣𝙖𝙩𝙞𝙤𝙣𝙖𝙡 𝘽𝙑 𝙖𝙣𝙙 𝙤𝙩𝙝𝙚𝙧𝙨 (𝘼𝙥𝙥𝙚𝙡𝙡𝙖𝙣𝙩𝙨) [2024] 𝙐𝙆𝙎𝘾 2. Bill of lading discussions: 1. Incorporation of Charterparty Clauses into Bills of Lading: 2. Interpretation of Incorporated Clauses: 3. Liability for Additional Insurance Premiums: 4. Negotiable Nature of Bills of Lading: 5. General Average and the Bill of Lading: 6. Legal Precedents and Maritime Law Principles: Charterparty Discussions: 1. Nature of the Charterparty Contract: 2. Incorporated Clauses in the Charterparty: • War Risk Clauses: • Gulf of Aden Clause: • Insurance-Related Clauses: 3. Importance of Clause Interpretation: 4. Incorporation into Bills of Lading: 5. Scope and Limitations: 6. Legal and Practical Implications: General Average Discussions: 1. Event Leading to General Average Declaration: 2. Declaration of General Average: 3. General Average Adjustment: 4. Legal Disputes and Implications: 5. Insurance and Liability Considerations: 6. Contractual Interpretation and Maritime Law: Have you had challenges with your bills of lading before? Are you aware of its implications? Grab a copy of this today to enrich your understanding or simply help us reach someone who need it by simply

Marine / Cargo Surveyor In maritime, a surveyor has a great role in handling claims from damage or loss of cargo. A surveyor is a specially trained professional to inspect and document the condition of the cargo as well as the status of vessels for the purpose of assessing the damage that may have been incurred on board during transportation. Their work is highly relevant and important in providing evidence toward proving the validity and scope of any claim. The work of the surveyor is very important when a claim for damage or loss has been made, as his expertise allows an objective and detailed report of the incident. Such a report provides the necessary evidence for insurers and owners to understand cause and extent of damage, which is vital to any assessment of liability and calculation of compensation. Because of their technical knowledge and independence, the surveyor ensures fairness in the process of evaluation, thus minimizing conflict between the parties. Apart from that, the work of a surveyor may also establish other risks or defects in the procedures of handling and storage methods adopted for cargoes, which helps in implementing preventive measures to minimize instances that could occur in the future. In summary, the surveyor not only smoothes the process of claims but also contributes to the continuous improvement of safety and management standards in maritime transportation. The objectivity and accuracy of their work are important for maintaining trust and transparency in maritime transactions and operations.

Navigating the Future of Maritime Liability: Should the Tide Turn on Historic Law? When the M/V DALI struck the Francis Scott Key Bridge, a legal debate resurfaced with the force of a rogue wave. Should a law from the era of clipper ships chart the course for financial responsibility in today’s era of mega-container vessels? Understanding the Legal Compass: The 1840s Limitation of Liability Act caps a shipowner’s fiscal duty at the post-mishap value of the vessel, a principle conceived when maritime commerce was measured on a vastly different scale. Though the Act provides a safety net, particularly beneficial for smaller vessel owners, it may also capsize the potential for comprehensive restitution in modern times. Currents of Change: The seas have risen with today’s leviathans of the deep and so too have the stakes. The International Group of P&I Clubs showcases an evolved method of shared risk, with extensive coverage that belies the once practical but now possibly outdated limits of the past. Weighing Anchor on the Old Ways: In navigating the choppy waters of this legal discussion, one might consider that the Act, while historically significant, may need recalibration. It’s not just about the financial burden but also about the full scope of consequences that a maritime catastrophe entails – a scope that the act may no longer encompass. Charting a Course for Modern Maritime Law: The M/V DALI's collision has docked at the heart of this debate, signaling a possible course correction in maritime law. Could this be the beacon light that guides us to legislative harbors more suited to the modern commercial fleet? The M/V DALI collision presents a critical juncture. Do we choose the familiar, yet potentially perilous, harbor of outdated legal precedent, or do we set our sights on a new legal horizon, ensuring our frameworks can safely navigate the vast seas of modern maritime challenges? __________________________________________________________________ What’s your take? Should historical maritime precedents set the course in today’s complex legal and commercial seascape?