Insight
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Ship operators at increased risk of drug smuggling
INSIGHT04 MAY 2021
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.
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Cefor reports post-IMO 2020 experiences
INSIGHT29 APR 2021
Cefor represents marine insurers in the Nordic countries. The association serves its members by promoting quality marine insurance and knowledge sharing and a considerable part of Cefor’s activities take place within its nine member forums. The Cefor Technical Forum recently published a report summarizing the operational experience with the very low sulphur fuels produced to meet the MARPOL 2020 sulphur limit. We are pleased to re-publish the report in full.
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Broad foreign arbitration clauses are enforceable in the US
INSIGHT22 APR 2021
Recent US Court of Appeals decision reinforces the enforceability of broad arbitration clauses subject to the New York Arbitral Convention and the applicability of such arbitration clauses to non-signatories in certain circumstances under the US doctrine of collateral estoppel. The decision adds additional support to the enforcement of foreign choice of law and arbitration provisions in commercial contracts.
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Leveraging our expertise - Gard Mediation and Early Neutral Evaluation facilities for dispute resolution in conflict cases
INSIGHT15 APR 2021
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In an exciting new development Gard is now offering internal mediation, including informal intervention, and early neutral evaluation services to help resolve disputes in conflict cases involving two or more Gard members or clients. Such dispute resolution tools can be instrumental in reaching a compromise that promotes a continuing relationship between business counterparties while saving time and money for all.
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The “Tai Prize” – The Court of Appeal reaffirms the Master’s duty to independently record the order and condition of cargo
INSIGHT01 APR 2021
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The Tai Prize decision is unsurprising in result in that it reaffirms the Master’s obligations under the Hague-Visby regime. It is, however, a demonstration of a failed attempt by a time charterer to pass liability to the voyage charterer for damage to soya beans due to pre-shipment conditions. Following their breakdown of the case, our authors discussed the options in such cases for Owners, Time Charterers and their P&I Clubs with Solicitor Darryl Kennard of Penningtons Manches Cooper LLC.
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Soya bean damage claims – The legal landscape
INSIGHT29 MAR 2021
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Gard, as a liability insurer for shipowner and charterers, has faced several large value soya bean damage claims in Chinese courts for damage to soya beans carried from Brazil. Shipowners ought not to be held liable for damage when the damage results from microbiological instability, a natural process that occurs due to moisture content of the beans, their temperature at loading and the time in the stow. Christopher Mackrill, Gard’s leader for cargo claims and Louis Shepherd, a Senior Claims Adviser and solicitor in our London office, discuss the legal and commercial landscape underpinning these claims.
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Be an Ocean Steward and reduce the plastic waste reaching our seas
INSIGHT25 MAR 2021
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Plastic persists in the ocean and causes damage to wildlife. Although legislation was first introduced in 1988 to prevent pollution by garbage from ships the issue of plastic waste in our oceans is unfortunately still very much with us.
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Discharging soyabeans in China
INSIGHT18 MAR 2021
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We outline steps to be taken when vessels arrive with damaged soyabeans in China or when experiencing delays to discharge.
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Testing for COVID-19 onboard
INSIGHT11 MAR 2021
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Gard receives many questions about the use of COVID-19 antigen tests onboard ships. But how accurate are these tests - and are ship operators recommended to roll out antigen test kits across their fleets? In this article, Dr. Ingrid H. Johansen outlines some basic principles for ship operators to consider prior to implementing the use of antigen tests as part of their onboard prevention and outbreak management strategies.
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The present and future of offshore wind: An Interview with Michael Stephenson
INSIGHT11 MAR 2021
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Michael Stephenson, Associate Director of The Renewables Consulting Group spoke during Gard’s 2021 Lillehammer Energy Claims Conference (LECC). The Conference was established in 1996 and chaired ever since by Jan-Hugo Marthinsen, Vice-President responsible for Offshore Energy Claims.
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Master’s checklists for loading and carriage of soya beans
INSIGHT10 MAR 2021
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The checklists identify the type of evidence that should ideally be gathered to best demonstrate that there was no lack of cargo care on the part of the Master and crew.
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Best practice for ventilation of soya bean and grain cargo
INSIGHT10 MAR 2021
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In our second video of a three-part series, we speak with Dr. Tim Moss of Brookes Bell who explains the cause and effect of ship sweat. He sets out the two alternative Rules – the Dew Point Rule and the 3 Degree Rule that inform the Master and crew when and when not to ventilate during the ship’s passage. As further explained in our article – Introducing the Master’s Checklists for Loading and Carriage of Soya Beans - proper ventilation and record keeping, are important to defend claims. The third and final video in the series will explore the commercial and legal landscape underpinning the spate of high value claims arising from microbiological instability in shipments of soya beans from Brazil to China.
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Microbiological instability in soya bean cargoes
INSIGHT04 MAR 2021
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Over the course of the last several years, Gard has experienced an alarming increase in large claims arising from damage to soya beans shipped in bulk from Brazil to China. Shipowners and their Clubs have faced detentions and high demands for security resulting in Letters of Undertakings being issued in the millions of dollars. In these cases, the damage is most often caused by microbiological instability and resulting self-heating of the cargo. In our first video of a three-part series, we speak with cargo scientist, Dr. Tim Moss of Brookes Bell who explains the causes and effects of microbiological instability.
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Evergreen wins landmark collision case in UK’s Supreme Court
INSIGHT25 FEB 2021
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On 19 February 2021 the United Kingdom Supreme Court handed down its decision in the first collision case to reach the UK’s highest court in nearly 50 years, in the The “EVER SMART” and The “ALEXANDRA 1” [2021] UKSC 6. Faz Peermohamed of Stann Law gives his reflections on the case.
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California Gold Rush? - State law increases monetary fines in marine oil pollution cases
INSIGHT25 FEB 2021
In September 2020, the state legislature in California enacted a statutory amendment to its marine oil pollution law (AB 3214), which greatly enhanced the monetary penalties that can be imposed after such incidents. The law came into effect in January 2021.
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2021 measures to protect North Atlantic right whales
INSIGHT22 FEB 2021
Updated 28 April 2021
Masters and crews operating along the US/Canadian East Coast must maintain a good lookout for right whales and follow the speed restrictions in force at any given time.
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Submitting COVID-19 related crew claims – top tips for efficient reimbursement
INSIGHT18 FEB 2021
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During the pandemic, our Members have faced many challenges, and we see claims that are somewhat different than those we have seen before. It is not always easy for our Members to differentiate between operational expenses and recoverable insured costs, so we summarize here the key elements of cover and guidance on the best practices for preparing claims documentation.
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What happens to containers lost overboard? How long do they float?
INSIGHT08 FEB 2021
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This question has become all too relevant as we have recently experienced several serious container stack collapse cases. Such incidents may occur more often during the heavy weather winter season. This year, however, there may be an additional factor - Container ships are maximizing capacity to deal with high demand for consumer products and backlog in export following the pandemic.
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The Chinese/Australian trade wars and implications for shipping
INSIGHT03 FEB 2021
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In this article, we will take a brief look at some of the complications that can arise with respect to both voyage and time charterparties when there is significant delay, such as that experienced to laden vessels off shore China.
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From trash to treasure: The Ocean Cleanup story continues
INSIGHT20 JAN 2021
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Boyan Slat, now 26, was just a teenager when he first pitched his idea of a global ocean cleanup of plastic litter and established the non-profit foundation, The Ocean Cleanup. Today he is CEO of a team of more than 90. Our author, Alice Amundsen first met him in 2016 when Gard invited him to speak at its Summer Seminar. Gard has been supporting and following the Ocean Clean-up ever since.