Under the South African Admiralty Act 1983, charterers and cargo interests can, in certain circumstances, obtain an ex parte Court order which may appear to oblige a Master to give the applicants surveyor access to the ship and ships documents.South African lawyers, Shepstone & Wylie, report that such access orders are being sought with increased frequency. A charterer seeking not just to inspect but to test a main engine on a ship involved in an underperformance dispute is a recent example.
10 September 2008
1 September 2008
From 1 September until 30 November 2008, the 43 Maritime Authorities of the Paris and Tokyo MOU on Port State Control (PSC) will be conducting a Concentrated Inspection Campaign (CIC) focussing on compliance with Chapter V: Safety of Navigation of the Annex to SOLAS. During the same three month period, the 6 Maritime Authorities of the Black Sea MOU will conduct a similar exercise.
29 August 2008
James Mackintosh & Co Pvt Ltd, P&I correspondents in India, have reported this week that they are currently involved in four disputes over the safety of wet iron ore fines cargoes offered for loading during the 2008 monsoon season, which they report is expected to run until October. StopLoss 48 contained a warning about the severe stability problems experienced by bulk carriers which had loaded wet iron ore fines in various Indian ports, including Haldia, Vizakhapatnam and Mangalore.
19 August 2008
As has been widely reported, from 22 August 2008 the USCG will begin screening all nontank vessels prior to their arrival in a US port for the submission of Nontank Vessel Response Plans (NTVRPs). These are detailed written plans for responding to a worst case spill or the substantial threat of such a spill from a ship other than a tanker that carries oil as fuel.
11 August 2008
Vitsan Interservices, P&I Correspondent in Georgia, has reported substantial damage to facilities in Poti, which is likely cause on-going severe restrictions to operations in the port.The latest update from the Correspondent is attached and further information can be obtained from Vitsans office in Istanbul via firstname.lastname@example.org
7 August 2008
The English High Court has recently clarified Owners obligations in respect of maintaining RightShip approval in dry-bulk shipping trades. The Court also set out Owners obligations with regard to permitting access to private vetting agency inspectors.
25 July 2008
AN IMPORTANT decision by the US Fifth Circuit Court of Appeals has been reported by the Clubs New Orleans correspondents, Phelps Dunbar. The Court concluded that ship owners are not liable for injuries to US port longshoremen caused by an open and obvious defect in the cargo stow. The court also ruled that an owner has no duty to warn the stevedore of heavy weather encountered by their vessels.Kirksey v. Tonghai Maritime, No. 07-40616 (5th Cir.
24 July 2008
Gulf Agency Co, P&I Correspondent in the United Arab Emirates, has issued the attached bulletin in which they advise that cargo ships are not presently being allowed into Port Rashid, which, they understand, is being converted into a cruise terminal. The closure of Port Rashid to cargo ships is reportedly causing delays and congestion in Jebel Ali. An official notice of this development from the port authority is awaited and the Gulf Agency Company will advise further thereafter.
10 July 2008
House of Lords restricts Charterers Liability for Late RedeliveryThe House of Lords has very recently handed down judgment in Transfield Shipping Inc v Mercator Shipping Inc  UKHL 48 (The Achilleas). In that case, the time charterers caused a ship to miss the laycan for its next fixture by redelivering the ship nine days late. The Owners suffered a loss, as they were forced to renegotiate the follow on fixture on a significantly lower daily rate.
25 June 2008
As detailed in previous News Alerts, the US Coast Guard (USCG) has a mandate under the Maritime Transportation Security Act to determine the effectiveness of anti-terrorism measures currently in place in ports outside the USA. This Mandate allows the USCG to impose such conditions of entry as it deems appropriate on ships seeking to enter US ports from any country or terminal that has been designated as unsafe by the USCG.