Editorial - 3rd November: Charterers’ advice
The dedicated charterers' area of our website continues to develop with the extension of its advice and information section. This section collates advices from both the Club and its business partners which are identified of particular relevance to charterers.
This week sees the addition of a 'Legal topics' section which publishes articles on the UK Bribery Act, the effect of insolvency on a charterparty and guidance on bunker disputes.
We are grateful to international law firm Reed Smith for their support providing us with two recent articles. The first on the effect of insolvency on a charterparty explains that insolvency of one of the parties does not amount to repudiation under English law. After reviewing the other necessary characteristics or consequences the paper explores non-performance by a party and the effect when that party belongs to a larger group company.
In a second article on the UK Bribery Act is reviewed surveying the main offences, the penalties and possible defences. The introduction of the INTERTANKO Model Clause for charterparties is explained.
Finally, the UK Defence Club has published a booklet on bunker quality and quantity disputes that gives useful insights into considerations of both the purchasing and delivery processes and compliance with MARPOL Annex VI. In the event of a dispute preserving evidence is vital and guidance on this procedure features over a number of pages. Finally a section on the charterparty questions in respect of bunker disputes and a checklist conclude the booklet.
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Australia: COVID-19 Update
Members are advised that effective 12:00pm, Thursday 22 July, South Australia transitioned from a 'low risk' state to a ‘medium risk’ state, advance warning of a FIC has also been given which will run in Australia from 1 August to 31 September 2021 to determine the level of compliance with the safety of navigation requirements of International Conventions and familiarity of the masters and officers with their processes for ensuring safety of navigation.