Archives: Piracy

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Loss of cargo due to piracy held not to be an “in-transit loss”

Trafigura Beheer BV v Navigazione Montanari SpA [2015] EWCA Civ 91 The subject vessel was chartered to carry a cargo of oil from Abidjan, Ivory Coast to Lagos, Nigeria. Clause 46 of the charter (on an amended BPVOY3 form) incorporated the Hague-Visby Rules, which contain exemptions in respect of loss or damage arising or resulting … Continue Reading

London Arbitration 4/13 Tribunal considers whether Owners additional insurance against piracy risks was “necessary”

Tribunal considers whether Owners additional insurance against piracy risks was “necessary” Owners’ additional insurance against piracy found not “necessary” and additional premiums unrecoverable London Arbitration 4/13 The Tribunal considered whether it was “necessary” for Owners to take out additional insurance against piracy risks. The Tribunal adopted an objective approach towards the meaning of the word, … Continue Reading

BIMCO publishes GUARDCON: an Industry Standard Contract for the Employment of Security Guards on Vessels

All industry participants will be well aware of the difficulties caused by the recent flourishing of piracy in the western Indian Ocean and elsewhere. A whole vessel security industry continues to grow, particularly in Dubai, as a result. In recent times, minds have turned to consider the liabilities and consequent legal and insurance issues arising … Continue Reading

Seizure by Pirates held to be an Off-Hire Event

In Osmium Shipping Corp v Cargill International SA [2012] EWHC 571 (Comm), the Commercial Court considered the grammatical structure and syntax of an off-hire clause in the context of whether seizure of the vessel by pirates constituted an off-hire event. The charterparty was on an amended NYPE 1946 form, and the off-hire clause in question … Continue Reading

Security Association for the Maritime Industry launches Accreditation Programme

On 1 February, the Security Association for the Maritime Industry (“SAMI”) launched its International Accreditation Programme for Private Maritime Security Companies. Members of SAMI will undergo a three-stage process of due diligence, systems checks and site visits. Whilst the programme will be managed by SAMI, all accreditations will be performed by an independent body, the … Continue Reading

High Court considers the meaning of “exposed to war risk” in the CONWARTIME clause

In November 2011, judgment was delivered in Pacific Basin IHX Ltd v Bulkhandling Handymax AS (The “Triton Lark”) which considered the true construction and implementation of the CONWARTIME 1993 clause. This case was considered in a previous post. In a further judgment between the same parties dated 25 January 2012, Mr Justice Teare has sought … Continue Reading

House of Commons Report: Piracy off the Coast of Somalia

The House of Commons Foreign Affairs Committee has published its Tenth Report of Session 2010-12, entitled “Piracy off the coast of Somalia”. The report includes findings and recommendations dealing with several key aspects of piracy, including private armed security guards, the naval response in the Indian Ocean, the UK’s response to piracy, bringing pirates to … Continue Reading

The “Triton Lark”: CONWARTIME 1993 and the risk of pirate attacks in the Gulf of Aden

The Commercial Court has considered the true construction and implementation of the CONWARTIME 1993 clause in a time charter on the NYPE form (Pacific Basin IHX Limited v Bulkhandling Handymax AS [2011] EWHC 2862 (Comm)). The “TRITON LARK” was instructed to carry a cargo from Hamburg to China, via Suez and the Gulf of Aden. … Continue Reading