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Sunday, 26 January 20
SHIPPING NEEDS TO PREPARE FOR CORONAVIRUS RESTRICTIONS WARNS HILL DICKINSON
 The shipping industry needs to be prepared for potential restrictions in order to prevent the further spread of the ‘Wuhan’ coronavirus, advises a leading maritime law firm.
Preparation for potential escalation is needed advises Beth Bradley, a Partner with Hill Dickinson, who says that shipping should be prepared to face the same issues that arose in previous severe disease outbreaks, such as with other coronaviruses or Ebola, such as infection of crew members, quarantine measures, closure of ports, and possible repercussions on charterparty obligations.
“While this outbreak is not currently anticipated to cause the global complications experienced by the Ebola and Sars outbreaks, it is wise for ship operators and charterers to be prepared for any greater spread of this virus,” she says.
Quarantine and Deviation
Delays caused by quarantines and deviations have a different impact under charterparties. In relation to the safety of the crew, employers have a duty of care towards the crew under their employment contracts, and a breach of such a duty may lead to exposure to a variety of claims.
Under time charterparties, when a vessel is delayed by a quarantine or is forced to deviate due to an infected crew member, the vessel may be placed off-hire, subject to the wording of the charter. Common wordings of charterparties have been held to place the vessel off-hire due to legal or administrative restraints if they related to the efficiency or condition of the vessel or crew. In spite of this, should the delay be the inevitable result of orders resulting from how the charterers chose to employ the vessel, the vessel may remain on hire. The outcome in each case will depend on the facts and the wording of the charterparty.
Under voyage charters, a deviation for the safety of the crew will be at the shipowner’s expense as no additional freight may be payable unless, under the Hague or Hague-Visby Rules, a “reasonable deviation” defence is successfully raised.
NOR and Free Pratique
In order to commence laytime under a voyage charterparty, owners need to tender a valid Notice of Readiness (NOR). For owners to do so, a vessel requires free pratique. Absent wording to the contrary in the charterparty, everyday practice provides that a Master can give a valid NOR without having first obtained free pratique, provided that there is no reason to assume that it is anything other than a mere formality.
However, in cases of an outbreak, a vessel may be subject to quarantine delays, such that the assumption that the vessel will be able to obtain free pratique will not be a mere formality. If a vessel is calling or has called in an infected area, special protective measures may cause delays until the health of the crew is ascertained. The risk of such delays until a valid NOR is capable of being tendered is borne by the owner, unless the charterparty provides otherwise.
Safe Port Warranty
Under a charterparty, charterers are under an obligation to nominate a safe port, an order with which the shipowners must comply with unless there is an unacceptable risk, or the port is known to be unsafe. Risks to the crew may render a port unsafe even where there is no risk of real damage to the vessel. Consequently, a contagious disease may legally make a port unsafe.
The safety of a port depends greatly on whether proper precautions and protective measures are in place to ensure that a vessel can call at the port without risking infection of its crew. Such measures were taken during both the Ebola and MERS outbreaks, and numerous ports remained open despite being affected by the outbreak.
At present, the Wuhan virus is not at a stage where it may render a port unsafe, and the severity of the outbreak would need to escalate significantly before owners could reasonably refuse to call at scheduled or nominated ports on the basis of the ports being unsafe.
Force majeure
A standard force majeure clause suspends and/or terminates the contract on the occurrence of an extraordinary event beyond the parties’ reasonable control, which materially affects the parties’ ability to perform their contractual obligations. Such an occurrence should not reasonably have been foreseen or provided against.
John Agapitos, Hill Dickinson paralegal, adds: At this time, there have only been internal transport bans affecting certain Chinese cities around the centre of the outbreak. There has not yet been a travel ban to China or any other neighbouring countries. It is unlikely that any given situation will fall within the scope of a force majeure clause, unless the wording of a particular clause is quite broadly drafted. However, if the outbreak escalates in the future and/or travel bans are imposed, questions of whether it amounts to a force majeure event may come to the fore.”
Source: Hill Dickinson
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Tuesday, 07 January 20
BHP EYES INDIA FOR COAL GROWTH AS CHINA DEMAND FLATLINES - SYDNEY MORNING HERALD
Australia’s largest miner, BHP, believes the long-term trajectory of the emerging economy of India and the acceleration of its steelmaking ou ...
Sunday, 05 January 20
BUNKER QUALITY CLAIMS IN 2020 - ISSUES TO CONSIDER - CLYDE&CO
KNOWLEDGE TO ELEVATE
In recent years the shipping industry has faced a significant number of bunker quality claims, most notably ari ...
Saturday, 04 January 20
SUPRAMAX: A 53,000DWT VESSEL FIXING DELIVERY INDONESIA TRIP TO CHINA AT $4,000 AND A 58,000DWT SHIP FIXING DELIVERY EAST KALIMANTAN TRIP TO THAILAND AT $5,500 - BALTIC BRIEFING
Capesize
The New Year started with an erosion on pre-Christmas rates as the higher low sulphur fuel costs due to IMO 2020 affected levels. From ...
Thursday, 02 January 20
DMO 2020 PRICE SET FOR ELECTRICITY SECTOR - IAN WOLLFF
On the 26th December 2019, the Minister of Energy and Mineral Resources (ESDM) issued the decree No. 261.K/30.MEM/2019 about the States needs for c ...
Thursday, 02 January 20
SULPHUR 2020 COMPENDIUM - HOW ARE INDIVIDUAL PORT STATES EXPECTED TO REACT? - STANDARD CLUB
KNOWLEDGE TO ELEVATE
With the new sulphur limits soon to be in force, Standard Club has been investigating the ways in which certain jurisdict ...
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Showing 1211 to 1215 news of total 6871 |
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- Straits Asia Resources Limited - Singapore
- Kapuas Tunggal Persada - Indonesia
- Port Waratah Coal Services - Australia
- Sojitz Corporation - Japan
- PetroVietnam Power Coal Import and Supply Company
- Power Finance Corporation Ltd., India
- Pipit Mutiara Jaya. PT, Indonesia
- Jorong Barutama Greston.PT - Indonesia
- Posco Energy - South Korea
- Jindal Steel & Power Ltd - India
- Interocean Group of Companies - India
- Bukit Makmur.PT - Indonesia
- Timah Investasi Mineral - Indoneisa
- Commonwealth Bank - Australia
- Kumho Petrochemical, South Korea
- Global Green Power PLC Corporation, Philippines
- Toyota Tsusho Corporation, Japan
- Trasteel International SA, Italy
- Madhucon Powers Ltd - India
- MS Steel International - UAE
- Orica Mining Services - Indonesia
- Ceylon Electricity Board - Sri Lanka
- Wood Mackenzie - Singapore
- IHS Mccloskey Coal Group - USA
- Aboitiz Power Corporation - Philippines
- AsiaOL BioFuels Corp., Philippines
- Rio Tinto Coal - Australia
- Indonesian Coal Mining Association
- Vizag Seaport Private Limited - India
- Ministry of Mines - Canada
- Kohat Cement Company Ltd. - Pakistan
- GMR Energy Limited - India
- Bukit Baiduri Energy - Indonesia
- Semirara Mining Corp, Philippines
- Karaikal Port Pvt Ltd - India
- Filglen & Citicon Mining (HK) Ltd - Hong Kong
- Bank of Tokyo Mitsubishi UFJ Ltd
- OPG Power Generation Pvt Ltd - India
- Parliament of New Zealand
- PNOC Exploration Corporation - Philippines
- Heidelberg Cement - Germany
- Rashtriya Ispat Nigam Limited - India
- Billiton Holdings Pty Ltd - Australia
- SMG Consultants - Indonesia
- Romanian Commodities Exchange
- Australian Commodity Traders Exchange
- Antam Resourcindo - Indonesia
- Kobexindo Tractors - Indoneisa
- Bangladesh Power Developement Board
- Global Business Power Corporation, Philippines
- SN Aboitiz Power Inc, Philippines
- Dr Ramakrishna Prasad Power Pvt Ltd - India
- Maheswari Brothers Coal Limited - India
- McConnell Dowell - Australia
- Tata Chemicals Ltd - India
- Renaissance Capital - South Africa
- Barasentosa Lestari - Indonesia
- Iligan Light & Power Inc, Philippines
- Sinarmas Energy and Mining - Indonesia
- Therma Luzon, Inc, Philippines
- Indogreen Group - Indonesia
- Vijayanagar Sugar Pvt Ltd - India
- Intertek Mineral Services - Indonesia
- Videocon Industries ltd - India
- Asmin Koalindo Tuhup - Indonesia
- CIMB Investment Bank - Malaysia
- Krishnapatnam Port Company Ltd. - India
- Thai Mozambique Logistica
- Metalloyd Limited - United Kingdom
- Cement Manufacturers Association - India
- Lanco Infratech Ltd - India
- Maharashtra Electricity Regulatory Commission - India
- Kaltim Prima Coal - Indonesia
- Kartika Selabumi Mining - Indonesia
- Offshore Bulk Terminal Pte Ltd, Singapore
- Electricity Generating Authority of Thailand
- Globalindo Alam Lestari - Indonesia
- Georgia Ports Authority, United States
- Indian Energy Exchange, India
- London Commodity Brokers - England
- Global Coal Blending Company Limited - Australia
- Samtan Co., Ltd - South Korea
- Larsen & Toubro Limited - India
- Indika Energy - Indonesia
- Agrawal Coal Company - India
- TNB Fuel Sdn Bhd - Malaysia
- Bhatia International Limited - India
- Coal and Oil Company - UAE
- Malabar Cements Ltd - India
- Riau Bara Harum - Indonesia
- Binh Thuan Hamico - Vietnam
- Indian Oil Corporation Limited
- Anglo American - United Kingdom
- The Treasury - Australian Government
- Gujarat Sidhee Cement - India
- Leighton Contractors Pty Ltd - Australia
- Ministry of Transport, Egypt
- Bulk Trading Sa - Switzerland
- Cigading International Bulk Terminal - Indonesia
- Latin American Coal - Colombia
- Banpu Public Company Limited - Thailand
- Pendopo Energi Batubara - Indonesia
- Planning Commission, India
- GN Power Mariveles Coal Plant, Philippines
- Uttam Galva Steels Limited - India
- Edison Trading Spa - Italy
- Mintek Dendrill Indonesia
- Meralco Power Generation, Philippines
- Bukit Asam (Persero) Tbk - Indonesia
- Parry Sugars Refinery, India
- Directorate General of MIneral and Coal - Indonesia
- Coastal Gujarat Power Limited - India
- PowerSource Philippines DevCo
- Merrill Lynch Commodities Europe
- Formosa Plastics Group - Taiwan
- IEA Clean Coal Centre - UK
- Kalimantan Lumbung Energi - Indonesia
- Central Electricity Authority - India
- PTC India Limited - India
- Sakthi Sugars Limited - India
- Altura Mining Limited, Indonesia
- Price Waterhouse Coopers - Russia
- Chamber of Mines of South Africa
- Star Paper Mills Limited - India
- Standard Chartered Bank - UAE
- Vedanta Resources Plc - India
- Grasim Industreis Ltd - India
- Alfred C Toepfer International GmbH - Germany
- Dong Bac Coal Mineral Investment Coporation - Vietnam
- India Bulls Power Limited - India
- Miang Besar Coal Terminal - Indonesia
- Bhoruka Overseas - Indonesia
- Truba Alam Manunggal Engineering.Tbk - Indonesia
- Marubeni Corporation - India
- Independent Power Producers Association of India
- Sical Logistics Limited - India
- Petrochimia International Co. Ltd.- Taiwan
- Mjunction Services Limited - India
- Borneo Indobara - Indonesia
- Bhushan Steel Limited - India
- Carbofer General Trading SA - India
- Savvy Resources Ltd - HongKong
- Salva Resources Pvt Ltd - India
- Medco Energi Mining Internasional
- Goldman Sachs - Singapore
- Chettinad Cement Corporation Ltd - India
- Eastern Coal Council - USA
- Bahari Cakrawala Sebuku - Indonesia
- ICICI Bank Limited - India
- Economic Council, Georgia
- Thiess Contractors Indonesia
- Wilmar Investment Holdings
- New Zealand Coal & Carbon
- Jaiprakash Power Ventures ltd
- Eastern Energy - Thailand
- Holcim Trading Pte Ltd - Singapore
- Electricity Authority, New Zealand
- Oldendorff Carriers - Singapore
- Meenaskhi Energy Private Limited - India
- Sarangani Energy Corporation, Philippines
- Ambuja Cements Ltd - India
- Africa Commodities Group - South Africa
- The State Trading Corporation of India Ltd
- Aditya Birla Group - India
- Kideco Jaya Agung - Indonesia
- Energy Link Ltd, New Zealand
- International Coal Ventures Pvt Ltd - India
- Petron Corporation, Philippines
- CNBM International Corporation - China
- Mercator Lines Limited - India
- Karbindo Abesyapradhi - Indoneisa
- Directorate Of Revenue Intelligence - India
- Bharathi Cement Corporation - India
- Central Java Power - Indonesia
- Manunggal Multi Energi - Indonesia
- Ind-Barath Power Infra Limited - India
- European Bulk Services B.V. - Netherlands
- Ministry of Finance - Indonesia
- Energy Development Corp, Philippines
- Gujarat Mineral Development Corp Ltd - India
- VISA Power Limited - India
- San Jose City I Power Corp, Philippines
- Attock Cement Pakistan Limited
- Tamil Nadu electricity Board
- Neyveli Lignite Corporation Ltd, - India
- Makarim & Taira - Indonesia
- Xindia Steels Limited - India
- Siam City Cement PLC, Thailand
- Gujarat Electricity Regulatory Commission - India
- SMC Global Power, Philippines
- Orica Australia Pty. Ltd.
- Coalindo Energy - Indonesia
- The University of Queensland
- Minerals Council of Australia
- Dalmia Cement Bharat India
- Deloitte Consulting - India
- Indo Tambangraya Megah - Indonesia
- ASAPP Information Group - India
- Sree Jayajothi Cements Limited - India
- LBH Netherlands Bv - Netherlands
- Semirara Mining and Power Corporation, Philippines
- Singapore Mercantile Exchange
- Essar Steel Hazira Ltd - India
- GVK Power & Infra Limited - India
- White Energy Company Limited
- Kepco SPC Power Corporation, Philippines
- Baramulti Group, Indonesia
- Siam City Cement - Thailand
- Mercuria Energy - Indonesia
- TeaM Sual Corporation - Philippines
- GAC Shipping (India) Pvt Ltd
- Simpson Spence & Young - Indonesia
- Asia Pacific Energy Resources Ventures Inc, Philippines
- South Luzon Thermal Energy Corporation
- Bayan Resources Tbk. - Indonesia
- Australian Coal Association
- Sindya Power Generating Company Private Ltd
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