Claims letters Archive

Claims Letter – Sulphur Cap

Implications for Charterers

As from the 01st of January 2020, all ships will be required to comply with the MARPOL Annex VI Sulphur content requirements and to burn fuel with a Sulphur content of no more than 0.5 % (the current limit is 3.5%) unless they are fitted with an exhaust gas emissions cleaner (the so-called scrubbers that […]

Claims Letter – Cancelling Clauses

Cancelling Clauses

Cancelling clauses are for the benefit of the charterers. It gives charterers the right to cancel the C/P if the vessel does not arrive at the specified destination by the agreed time. It does however not give charterers the right to claim damages unless the C/P expressly says so. However, owners will be liable for […]

Claims Letter – Underperformance

Underperformance

Frequently disputes develop under a Time C/P concerning the performance of the vessel. Charterers allege that the vessel sailed too slow or over-consumed bunkers whereas owners allege that, although this could be true, this was beyond their control. Charterers obviously wish to know how much time the vessel needs to complete a voyage and how […]

Claims Letter – Liability for delays on arrival under a Berth C/P

Liability for delays

In our previous service-letter the division of Voyage C/P’s into Port C/P’s and Berth C/P’s has been discussed. Under a Berth C/P the vessel has arrived at the specified destination when she is alongside the berth. Only then the voyage has come to an end. This means that delays which a vessel may encounter prior […]

Claims Letter – Port C/P or Berth C/P

Port C/P or Berth C/P

Port C/P or Berth C/P A Voyage C/P can be qualified as a Port C/P or as a Berth C/P. This will depend on the agreed specified destination. Is the destination a Port than we are dealing with a Port C/P. Likewise, is the specified destination a Berth within the Port it is likely that […]

P&I cover | Charter ship in heavy weather

Claims Letter – NYPE ICA

NYPE ICA

Our Service Claims service has been our most important focus from the beginning. We have started with a crew of highly experienced staff with a background in Shipping and in Charterers Liability. Together with our strong financial backing this provides a safe haven for Charterers looking not only for balance sheet protection but also for […]

Claims Letter – Time Charters, delivery of the vessel

Time Charters, delivery of the vessel

In previous service-letters it has been discussed when, where and how a valid NOR should be tendered under a Voyage Charter. Delivery of a vessel under a T/C displays similarities but as in essence a T/C is different from a Voyage Charter, the commencement of a T/C will be reviewed separately here below. As applies […]

Claims Letter – Time charters duration of the C/P period

Time charters duration of the C/P period

In respect of a Time Charter the duration and accordingly the payment of hire are essential. In this context Time Charters can be divided in Period Charters and Trip Charters. A combination of both is also possible. Each Time C/P will specify the date of delivery, which is the beginning of the C/P period. The […]

Claims Letter – Laytime – Notice of readiness

Laytime – Notice of readiness

Laytime is often an issue which seems to be reason for disputes between Charterers and Owners. And more specific: when does laytime commence and when is a NOR valid. At common law the vessel has to tender a NOR at her first load-port (or at least notify charterers that the vessel is ready to load) […]

Claims Letter – Security for claims

Security for claims

This issue deals with two topics related to security for claims. The first one concerns a recent amendment to the InterClub Agreement 1996 and the second one, which has now less impact than about two years ago, concerns Rule B attachments in the USA. Interclub agreement as amended september 2o11 Under the ICA 1996 a […]

Claims letter -Law and Arbitration Clause

Law and Arbitration Clause

Although of secondary importance to parties when they are negotiating a contract it is good practice to agree upon the governing law and forum at an early stage of the negotiations. This can be done by reference to a standard clause (f.e. a LMAA/BIMCO Arbitration clause) or by referring to a pro-forma C/P or a […]

Claims Letters