TMA Non-bodily injury seminar
TMA conducted its annual fall Americas Member seminar on current non-bodily injury topics October 23rd, in our office in Jersey City. A broad cross section of Members attended, including dry and liquid bulk carriers, liner operators, and charterers/traders. Bill Juska of Freehill Hogan & Mahar detailed the significant developments over the last year with respect to sanctions involving Russia, Ukraine, and Iran. Lindsay Malen of Titan Salvage discussed the escalating costs of wreck removal, and what would happen if Costa Concordia incident occurred in US waters. Jonathan Spencer of The Spencer Company provided the average adjuster’s view of GA. TMA’s Mike Crowley moderated the charter parties/bill of lading session, as usual featuring American and English counsel in order to provide views applicable to the Member’s choice of law and venue. Eric Danoff of Emard Danoff Port Tamulsky & Walovich in San Francisco expressed the American view, and Kirsty MacHardy of Campbell Johnston Clark provided the English law perspective. The topics included Ebola (particularly charter party clauses applicable to the crisis), and a discussion of documentation key to handling of large cargo and casualty disputes between owners, charterers and cargo interests.
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Hold Cleaning: the legal issues
The preparation of cargo holds for the next intended carriage is a critical operation which requires careful planning and execution; this article considers a number of legal issues which may arise, including terms commonly used in charterparties to describe the cleanliness of cargo holds, the consequences of failing to comply with such terms, potentially resulting in off-hire claims and damages, and the role of the independent surveyor.
In the case of Addax Energy SA v MV Yasa H.