Insight - GARD

The third pillar: a contractual architecture for maritime decarbonisation

INSIGHT
20 OCT 2021

In the run up to the UN climate conference – “COP26” in Glasgow, we are pleased to share guest author - Haris Zografakis’ thoughts on the need for a new contractual structure in shipping to immediately reduce GHG emissions rather than simply waiting for regulation. Our guest author explains why climate activist Greta Thunberg would hate demurrage and would not be too keen on privity of contract either when the climate crisis is here, and solutions are needed now.
Draft surveys – a critical tool to defend dry bulk cargo shortage claims

INSIGHT
14 OCT 2021

Draft surveys of bulk cargoes are a means of checking that the shipper's figures inserted in the bill of lading are correct. The receiver has paid for the quantity stated in the bill and that figure is prima facie or even conclusive evidence that the amount stated was loaded aboard. A draft survey may be the best evidence to refute claims for shortage, so we recommend that members routinely order draft surveys for dry bulk cargo.
Mental Health in an Unequal World

INSIGHT
10 OCT 2021

The theme for World Mental Health Day 2021 is ‘Mental Health in an Unequal World’. This theme was chosen by a global vote including members of the World Federation for Mental Health. It was chosen because of widening health, economic and social inequalities in the world we live in.
Container Shipping: Winter is coming!

INSIGHT
07 OCT 2021

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Container shipping has been a roller coaster ride during the pandemic. Some call it a shipping crisis; some see it as a record-breaking good market. The turbulent market comes at a cost, and now is the time to exercise diligence.
Carriage of containers on bulk carriers

INSIGHT
05 OCT 2021

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Are conventional bulk carriers suitable to carry containers? This question has been raised by several industry bodies in recent weeks and in this article we will look at the technical and legal implications of such conversions.
Seafarers at the core of shipping's future

INSIGHT
30 SEP 2021

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Today, 30 September 2021, we join with IMO and the global maritime community to commemorate the annual World Maritime Day, with a focus on this year's theme: "Seafarers: At the core of shipping's future".
Bangladesh customs practice for assessing shortage of liquid bulk cargo now aligned with India

INSIGHT
30 SEP 2021

The Appellate Division of Bangladesh Supreme Court upholds the decision of the High Court declaring penalties imposed by Customs Authorities on the basis of short landing in shore tanks unlawful and allowing 1% transit loss.
Gard against conflict: treating Members fairly

INSIGHT
23 SEP 2021

The handling of conflict cases tends to be a sensitive subject and our recent webinar gave the audience a “fly on the wall” experience of the handling of such cases in real life. Through telephone conversations between the members (owners, charterers and sub-charterers), each member and their claims handler, and the claims handlers amongst themselves the audience was able to follow the case as it evolved.
Incident hot spots - a global overview of navigation incidents

INSIGHT
07 SEP 2021

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In a navigation incident, the first line of inquiry would normally cover the bridge watchkeepers. While the human element plays a significant role in these incidents, it is perhaps worth asking, what if some geographic areas are more prone to navigation incidents than others?
Introducing Jessie Elizabeth Shifalo, this year’s winner of Gard co-sponsored writing competition

INSIGHT
23 AUG 2021

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For the last six years, Gard (North America) has been a co-sponsor and a finalist judge in the annual American Bar Association Admiralty and Maritime Law Student Writing Competition, which solicits written articles on marine law topics from law students throughout the United States.
Good news for Norwegian Cruise Lines – Passengers can be required to show documentation of COVID-19 vaccination

INSIGHT
16 AUG 2021

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Norwegian Cruise Lines succeeded in the US District Court in enjoining the application of a Florida statute prohibiting Florida businesses from requiring patrons to document they have been vaccinated as a condition of service.
Taking aim: reaching carbon emission reduction targets

INSIGHT
12 AUG 2021

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At our recent webinars, special guest Prashanth Athipar, the Principal for Sustainability and Maritime Supply Chain Excellence at BHP, and speakers from Gard’s Charterers & Traders and Loss Prevention teams came together to discuss how GHG emissions reduction targets are being approached by regulators and the maritime industry. In this article, we follow up on some of the questions put to them during the webinars.
Soya Bean claims in China - Wang Jing reports a positive outcome in appellate decision

INSIGHT
05 AUG 2021

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Since the China-US trade war, China’s imports of soybeans from South America have been rising. In the meantime, Wang Jing & Co. has witnessed an increase in substantial soybean damage claims in recent years, where Chinese courts usually find carriers fully or at least primarily liable. This is even when inherent vice could be the most probable cause of soybean damage, or vessels encountered unavoidable delays before discharge, or, in some cases, where carriers have both defences in hand. In a recent appellate decision in the Shandong Province, the court reversed the first instance judgment reducing the liability on the carrier from 70% to 30%. This case offers some hope to ship owners of a more equitable outcome in Chinese courts in cases involving damage to soybeans caused or exacerbated by inherent vice.
New US Presidential Executive Order targets liner operators and alliances

INSIGHT
22 JUL 2021

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Our guest authors from US Law Firm, Holland and Knight, explain the background and potential reach of President Biden’s executive order that calls for improved detention and demurrage practices for container traffic, along with the Federal Maritime Commission increased scrutiny of liner alliances with respect to enforcement of antitrust laws and shipping regulations.
Maritime security – unsafe seas, insecure crew

INSIGHT
08 JUL 2021

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Gard’s Loss Prevention webinar, featuring guest speakers from security consultancy AMBREY, focused on trends in piracy and war risks with key recommendations for minimizing security threats to crew and property. We share some of the highlights.
MLC support for abandoned seafarers – theory and practice

INSIGHT
23 JUN 2021

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The Martime Labour Convention requires security for wages, care and repatriation of seafarers abandoned by their employers. The case of the Eide Trader reveals the practical difficulty in getting abandoned seafarers home.
Collision avoidance – safeguarding the lives and livelihoods of fishermen

INSIGHT
08 JUN 2021

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Collisions between merchant vessels and fishing vessels have caused multiple and tragic loss of life. What are the causes and what can be done to prevent such accidents?
One small step for MASS

INSIGHT
26 MAY 2021

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One of key highlights of the 103rd session of IMO’s Maritime Safety Committee (MSC 103) was the completion of the MSC regulatory scoping study for maritime autonomous surface ships (MASS). The IMO Legal and Facilitation Committees regulatory working groups, that deal with the financial and liability issues, are still underway and have not yet concluded their recommendations.
The Covid crew crisis – Is there a light at the end of this tunnel?

INSIGHT
13 MAY 2021

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Alice Amundsen heads up Gard’s global People claims area. This group is responsible for handling the thousands of crew claims received each year from Gard’s membership. We caught up with her to share some of her insights which provide a snapshot of Gard’s experience to date with the Covid crew crisis and the challenges moving forward with crew vaccination.
Ship operators at increased risk of drug smuggling

INSIGHT
04 MAY 2021

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Commercial carriers are not willing participants in the trafficking of drugs, but they may be exposed to various losses including fines if drugs are found on-board. The P&I cover for fines arising out of smuggling was changed at the start of the 2021 insurance policy year. It is important that Members are aware of the change, the increased exposure and how to deal with the challenges related to smuggling when operating ships.