Insight
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Bunker supply contracts – key considerations for the buyer
INSIGHT15 MAR 2023
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Bunker sales are generally offered on terms prepared by the sellers and should there be a problem with the quality or quantity of the bunkers supplied, the rights of the buyers may well be restricted by the sale contract terms. Our guest authors update their previous article to point out ways buyers can protect themselves.
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MARIN TopTier - Investigating the causes of stack collapse and container losses at sea
INSIGHT02 MAR 2023
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The Maritime Research Institute of the Netherlands (MARIN) is leading a joint industry project to investigate what is needed to drastically reduce losses of containers from container vessels. The participants in the project include container shipping lines, class societies, international authorities, insurers, research institutes and other stakeholders. The International Group of P&I Clubs is a participant.
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Safe handling and carriage of scrap metal in bulk
INSIGHT16 FEB 2023
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In recent years, Gard has handled a number of claims involving the carriage of scrap metal in bulk and, from time to time, we get enquiries from Members for guidance on the handling and carriage of this cargo. Ship operators and masters should be aware of the risks related to scrap metal carriage and take risk mitigation actions accordingly.
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Why our thinking on human rights at sea should not end with seafarers
INSIGHT08 FEB 2023
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It is generally accepted that human rights apply at sea, although there is no convention recognizing or proclaiming the existence and extent of such rights. However, the rights of those at sea continue to be abused. In recent years, much of the focus has rightly been on seafarers and the situation is improving, although there is still far to go. But there are countless others at sea, some of whom might be considered ‘less deserving’, whose rights should be recognised and protected.
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The IMO’s unified interpretations of the LLMC and CLC Conventions clarify the right to limit liability
INSIGHT01 FEB 2023
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A challenge for shipowners and their insurers engaged in international trade is to ensure that a common set of guidelines or standards for ship related liabilities apply across the different trading nations. Several IMO liability and compensation conventions require the shipowner and their insurers to accept strict liability, irrespective of fault, and with mandatory insurance cover in exchange for the right to limit liability to an amount set by the convention. The IMO’s clarification underlines there is a ’virtually unbreakable’ right to limit. This is reflected in the adoption of the IMO’s unified interpretation by the relevant participating states.
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We are what we eat – let’s invest in ourselves
INSIGHT26 JAN 2023
Good nutrition plays a significant role in our lives. The food we eat impacts our health and wellbeing. Making healthy food choices that reflect good nutrition is a challenge in every aspect of life, and perhaps even more so for seafarers given the unique characteristics of life aboard ship. Responsibility for good nutrition at sea is a shared one – seafarers control their consumption, but it is the ship operator and crew managers who must procure and stock healthy food choices and ensure that the ship cook is well trained in planning and preparing nutritious meals.
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Risks of in-transit fumigation - phosphine gas explosions
INSIGHT19 JAN 2023
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We recently published an article focusing on the toxicity of phosphine gas and the potential danger this poses to the crew when agricultural bulk cargoes and forestry products are undergoing in-transit fumigation with aluminium phosphide. In that article, we very briefly mentioned another potential hazard that can arise at the initial stage of the process – phosphine gas explosions. In this article, our guest author, Dr Nicholas Crouch, focuses on the risk of explosion in port and the steps that can be taken to reduce the risk.
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Charting the 2023 maritime regulatory landscape
INSIGHT17 JAN 2023
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2023 ushers in a new era for the shipping industry with the introduction of the carbon intensity regulations. These are just some of the many regulations that enter into force this year.
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The Inter-Club Agreement after 50 years – does experience mirror intent?
INSIGHT11 JAN 2023
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The Inter-Club Agreement (ICA) was formulated by International Group of P&I Clubs in 1970. It is intended to provide a relatively simple mechanism whereby liability for cargo claims arising under New York Produce Exchange Form (NYPE) or Asbatime charterparties and contracts of carriage authorised under such charterparties, can be swiftly and fairly apportioned between owners and Charterers. The purpose behind the development of the ICA was to avoid costly and protracted litigation. Does Gard’s experience in handling cargo claims subject to the ICA match these intentions?
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The burden on ships and crew of a world in turmoil – will it ever change?
INSIGHT22 DEC 2022
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When you are enjoying the holiday season with your family spare a thought for those at sea. We are all well aware that the sea is unpredictable and that seafaring can be a dangerous and stressful occupation. There are some things such as bad weather or sea conditions that are difficult to avoid but the lives of crew members and shipowning/management teams are also made far more stressful by situations caused by the failure of states to agree common policies or to implement them or treat seafarers with consideration and humanity. We will look at two of them with concrete examples of cases faced by our Members.
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China tightens verification of ships’ energy consumption data
INSIGHT20 DEC 2022
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From 22 December 2022, ships trading to Chinese ports must record their energy consumption data in accordance with the requirements of their Ship Energy Efficiency Management Plan (SEEMP). Ships must also report the consumption data from their last voyage to the Chinese authorities prior to leaving a Chinese port.
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New international medical app available for all seafarers
INSIGHT14 DEC 2022
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Gard and the Norwegian Centre for Maritime and Diving Medicine have launched an innovative international digital medical guide to improve medical treatment onboard and potentially save seafarers’ lives.
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Bulk carrier safety: be aware of vessel structural limitations
INSIGHT08 DEC 2022
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Not long ago, a member’s vessel was detained at load port because the density of the solid bulk cargo being loaded exceeded the maximum allowable cargo density for that particular vessel. Recently, we were also approached by another member because the master of a capsize bulk carrier had refused charterer’s request for alternative hold loading due to serious concern about the ship’s safety.
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The EU Emission Trading System - are you ready?
INSIGHT07 DEC 2022
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There has been increasing interest in expanding existing domestic emission trading schemes to also cover international shipping. There is now agreement in the EU on how the EU’s emission trading system will be applied to shipping from 2024. Owners and charterers should start to think about how they are going to deal with its requirements.
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The challenges of CII compliance – Cooperation is key
INSIGHT25 NOV 2022
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IMO’s Carbon Intensity Indicator (CII) rating system for vessels is coming into force next year. It will be used to assess the efficiency with which a ship operates in terms of its CO2 emissions. The CII regulation is likely to alter the traditional division of responsibilities between owners and time charterers, and may significantly change the way vessels are operated.
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Under the lens – BIMCO’s CII clause for time charterparties
INSIGHT24 NOV 2022
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The IMO’s Carbon Intensity Indicator (CII) rating system for vessels is coming into force next year. It will be used to assess the efficiency with which a ship operates. It is the first carbon regulation from the IMO that is likely to alter the traditional division of responsibilities between owners and time charterers and may significantly change the way vessels are operated. For those less familiar with the CII regulations, see our accompanying article "The challenges of CII compliance - cooperation is key".
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Beware of the danger of in-transit fumigation
INSIGHT17 NOV 2022
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Many agricultural bulk cargos and forestry products are required to undergo fumigation on board ships to prevent infestation. However, to achieve the efficacy, the fumigation operation started at the load port often needs to continue in transit to the discharge port. Such “in-transit fumigation” may endanger the safety and lives of crew members and shore-based personnel if not handled properly. The toxicity of the fumigant makes it extremely important to raise awareness of the dangers of in-transit fumigation.
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Type 2 diabetes – Know your risk factors
INSIGHT14 NOV 2022
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The number of people with diabetes has nearly quadrupled since 1980 and the numbers grow year by year. According to the WHO, a large proportion of Type 2 diabetes can be prevented by a healthy diet, regular physical activity, maintaining a normal body weight and avoiding tobacco use. Prevalence of the condition has correspondingly grown in seafarer populations threatening their health and wellbeing. November 14 is World Diabetes Day and a reminder to check your risk factors and take preventive action.
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The GENCON 2022 Charterparty
INSIGHT09 NOV 2022
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BIMCO has published a revamped version of the popular GENCON charterparty. Our author, Helena Biggs, was a member of the drafting committee. She highlights the changes and the reasons behind them.
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Focus on seafarer wellbeing – a reflection on the “S” in “ESG”
INSIGHT02 NOV 2022
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Christen Guddal, Gard’s global head of claims, recently gave a talk at the International Marine Claims Conference in Dublin titled “Putting the S in ESG”. We share some of his comments and observations.