Thursday, 10 December 2009

Reversible laytime calculation

How is reversible laytime calculation different from non-reversible? Reversible laytime can be agreed between loading and/or discharging ports, and it helps the Charterers to save the time at a second port in lieu of the time lost at a first port.

Upon tendering the notice of readiness (N.O.R.) at the first port, the laytime is commenced after the agreed turn time at the first port only, same way as if the laytime was non-reversible. However, sometimes, it is mistakenly considered that the turn time is true for the second port and etc. In fact, not. At the second port, the laytime starts to count immediately upon the vessel reaches e.g. port anchorage (for port charter parties). It is considered that the Charterers should be prepared in all respect to berth the vessel immediately upon arrival and no turn is allowable. Of course, the passage from the anchorage to the berth is considered as the part of the sea voyage and should be excluded from laytime calculations.

As we have previously mentioned, you can always request for our assistance for clarifications with laytime calculations and the final despatch -demurrage settlement, in case you feel you got stuck or just overwhelmed with some other work to do, we can also do the calculus for you.  It would be just wonderful if you could also remit a small-scale remuneration to our PayPal account. Just in case, please contact me at : maritimedomain@yahoo.com, thanks beforehand and best regards, maris

Tuesday, 24 November 2009

Piracy clauses for Charterparties

If someone is not yet fully aware, BIMCO has recently published three new piracy clauses. The first one is a further revision of the Piracy Clause for Time Charter parties, initially issued in March of 2009. The other two are newly developed piracy clauses, for single voyage Charter Parties, and for consecutive voyage Charterparties and contracts of affreightment (COAs). For short term fixtures, the clause leaves the risks and costs with the owners, while for the longer term COAs and consecutive voyages, the risks and costs are shared between the owners and the charterers.

Thursday, 19 November 2009

China : forthcoming requirement to contract with an approved local clean up contractor

Further to our discussion of the new chinese marine pollution regulations, we have to mention the requirement to contract with an approved local cleanup contractor.

The regulations will require the operators (the term "Operators" is not yet defined in the regulations ) to conclude the polution cleanup contract with an approved by MSA (the PRC's Marine Safety Agency) polution response company before calling any PRC port.

For the time being, it is understood that the mentioned clean up contractors will bear responsibility for carrying out clean up operations in case of an incident under the supervision of MSA. There will be more than one contractor in every chinese port.

The contractors have to be approved by MSA as well as the kind of response contracts that will be concluded between the operators and the contractors.

It is known that MSA will try to complete approval of applications of responders within 30 working days, however this may result in a very short period of time within which operators will be able to conclude the contracts before 1 March 2010. An extension may be given, but, since such extension is not forthcomming, every effort should be given to ensure compliance by 1 March 2010.

A breach of regulations may brings fines amounting from RMB 10,000 to 300,000 depending on the breach.

Tuesday, 17 November 2009

China introduces regulations for the prevention and control of marine polution

On the 1-st of March, 2010, the shipping community expects the regulations of the People's Republic of China on prevention and control of marine polution from vessels to take effect. The regulation aims to govern polution prevention, response measures and clean up in PRC waters.

The legislation to take effect will include requirements to contract with approved oil spill response companies as well as the requirement to maintain insurance or any financial security to cover liabilities stemming from oil polution.

The regulations include a wide range of issues, e.g. the discharge of oil pollutants, spill response planning, obtaining permissions for dumping and dumping of wastes, clean-up arrangements, reporting, handling and investigating of polution incidents, compensations and penalties for not complying with regulations.

The regulations will introduce compulsary insurance regime for all ships of more than or equal to 1,000 gt carrying non-oil cargoes in order to cover claims stemming from oil polution.

Interestingly, the PRC ratifed the International Convention on Civil Liability for Bunker Oil Pollution damage (also known as 2001 Bunkers Convention) at the end of 2008, and the 1992 International Convention on Civil Liability for Oil Pollution Damage (1992 CLC) . However, the PRC is not a member to the 1992 International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (1992 IOPC Fund).


The regulations will reserve establishment of a domestic oil pollution compensation fund.

Also, the regulations will mainly reflect the liability provisions contained in the 1992 CLC and the 2001 Bunkers Convention . ( The former concerns liabilities of the owner for pollution stemming from the carriage of persistent oil, while the latter concerns liabilities of the owner for damage due to bunker oil spills ).

Any vessel trading within PRC territorial waters (except those less than 1,000 gt carrying non-oil cargoes) will be obliged to maintain insurance or other financial security to comply with the requirements of the Chinese Maritime Code or the 1992 CLC and 2001 Bunkers Convention .

To maintain awareness, the PRC's Maritime Safety Agency (MSA) will prepair and publish a list of competent insurance providers.