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Charterparty & Bill of Lading issues

Charterparties and Bills of Lading are the cornerstones of shipborne trade. However, it is not uncommon that they give rise to disputes between the contracting parties. The articles below look at some of the issues that tend to arise and aim to assist Members in their day-to-day business.

B/L

Clausing bills of lading – In Focus

‘Clausing’ a bill of lading is the act of inserting written remarks about the apparent order and condition of the cargo on loading. If the cargo is only subsequently damaged on the ship, the bills of lading will need to be issued ‘clean’.

Clausing bills of lading – Practical Guide

‘Clean’ bills of lading or Mate’s Receipts should not be issued if the cargo contains observable defects on loading. Failing to clause bills of lading may prejudice the P&I cover.

Two birds with one stone – package limitation

Clausing the bill of lading

Which charterparty is being incorporated into a bill of lading

Below In Focus and Practical Guide articles published by the Club are available to our members for download on SCOL>

In Focus: Three functions of bills of lading
Practical Guide: Three functions of bills of lading
In Focus: Ad Valorem bills of lading
Practical Guide: Ad Valorem bills of lading
In Focus: Blending and commingling
Practical Guide: Blending and commingling
In Focus: Carriage of cargo on deck
Practical Guide: Carriage of cargo on deck
In Focus: Carriage of live animals
Practical Guide: Carriage of live animals
In Focus: Delivery Orders
Practical Guide: Delivery Orders
In Focus: Early Departure Procedure
Practical Guide: Early Departure Procedure
In Focus: Freight prepaid bills of lading
Practical Guide: Freight prepaid bills of lading
In Focus: Identity of carrier
Practical Guide: Identity of carrier
In Focus: Letters of Indemnity
Practical Guide: Letters of Indemnity
In Focus: Multimodal and through transport Bills of Lading
Practical Guide: Multimodal and through transport Bills of Lading
In Focus: Negotiable bills of lading
Practical Guide: Negotiable bills of lading
In Focus: Original bill of lading with ship
Practical Guide: Original bill of lading with ship
In Focus: Sea Waybills
Practical Guide: Sea Waybills

Bunker

Bunker quality disputes

Global Sulphur Cap 2020 – working with the law

Bankruptcy of bunker supplier

Hire

Deductions from hire: Off-hire and equitable set-off

Remedies for non-payment of hire: withdrawal/suspension

Remedies for non-payment of hire: liens, interception of freight and other forms of security

Inter-Club Agreement (ICA)

The ICA and its operation

Inter-Club Agreement: Room for interpretation

LOIs

The LOI – a contract in its own right

Voyage charterer

The importance of Eternal Bliss