Loss Prevention Advice
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In Lord Marine Co S.A. v Vimeksim SRB D.O.O. (“The Lord Hassam”) [2024] EWHC 3305 the English High Court considered whether it could order the sale of cargo over which a shipowner was exercising a contractual lien as security for a claim brought in arbitration against charterers for unpaid charterparty freight, even though charterers did not own the cargo.
A freight pre-paid bill of lading had been issued by owners for a cargo of corn in bulk carried under a voyage charterparty on amended SYNACOMEX 2000 terms. The charterparty included a clause permitting owners to exercise a lien on cargo for freight, deadfreight, demurrage and average contributions due under the charterparty. The bill of lading was on the CONGENBILL94 form and contained standard wording incorporating the voyage charterparty. The lien clause in the charterparty was, therefore, incorporated into the bill of lading.
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Ship Pollution Response Organisation (SPRO) Agreements in China – New International Group of P&I Clubs (IG) and China Diving & Salvage (CDSA) SPRO Agreement
An update on the new SPRO template agreement jointly agreed by the Group Clubs and CDSA.
New IG and CDSA SPRO Agreement
The Group Clubs are pleased to announce that the IG and CDSA have agreed a Sample Agreement for Ship Pollution Response (Sample Agreement) and a Ship Pollution Response Expense Tariff (SPRO Tariff). ITOPF, on behalf of the Group Clubs, reviewed the SPRO Tariff. Both the Sample Agreement and SPRO Tariff are attached to this Circular.
CDSA
CDSA is a state-level non-profit association which is constituted by enterprises and institutions specialising in a variety of fields, including pollution prevention. In 2020, CDSA was granted approval by China MSA to assess and certify SPROs in China. Today CDSA’s members include over 50 SPROs across China, details of which can be found on their website – Certified SPRO Companies.
Full advisory at the following link.
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Introduction
As the U.S. continues to “maximize economic pressure on the Iranian regime” the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) and U.S. Department of State (DoS) have respectively issued important guidance and findings, which maritime stakeholders should be aware of and comply with.
The main points to note from these updates for maritime stakeholders are set out below.
Guidance for Shipping and Maritime Stakeholders on Detecting and Mitigating Iranian Oil Sanctions Evasion
On 16 April 2025, OFAC issued an update to its previous September 2019 advisory in respect of Iran. This update seeks to assist the shipping and maritime industry to identify sanctions evasion related to the shipment of Iranian-origin petroleum and related products. Also, the advisory seeks to assist the implementation of sanctions compliance practices to guard against sanctions risks.
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The causes of losing containers overboard are numerous and often complex, though very often basic operational errors are a factor. The consequences of container loss should justify time, cost and effort by ship owners and operators in reviewing and improving preventative measures.
Causes
Heavy weather
Quite apart from casualties, resulting in containers being lost overboard due to e.g. grounding, foundering or collision, heavy weather is often the most common factor resulting in stack collapse during otherwise routine voyages. In the SVENDBORG MAERSK waves of 10 metres reportedly caused rolling in excess of 40 degrees. The master had reportedly prepared for bad weather but did not foresee how much worse the actual weather and wave situation turned out to be. Recent claims experience is that ship handling in heavy weather is also a relevant factor in losing containers. In one case a master proceeded at full speed in an unsuccessful attempt to outrun a typhoon; and in another, a master failed to heed warnings issued by the IMO relating to synchronous and/or parametric rolling by slowing down in following seas.