Guidance on Chartering Issues Relating to Covid-19
Year: 2020 Language: English Author: Intertanko Genre: Guide Publisher: Intertanko Edition: 1st edition Format: PDF Quality: eBook Pages count: 34 Description: At the time of writing almost every coastal state in the world has seen its shipping activities affected by Covid-19. Any contractual restrictions on trading to a Covid-19-affected area should therefore be carefully assessed so as not to unduly restrict vessel trading limits and hamper commercial viability. It is also essential that both ship and shore side put in place practical and effective measures to avoid the risk of infection to crew members, which may in turn interfere with owners’ performance obligations, and vice versa to shore personnel, if any contamination is on board. Much will depend on the facts in each case and the specific wording of the particular fixture. However, some general observations and recommendations for charterparty protective clauses can be made to manage the allocation of Covid-19 risks going forward, both for time and spot fixtures. This document brings together a series of Q&As under each of the three areas outlined above. The guidance and recommendations that follow should allow readers to assess the need for a bespoke Covid-19 Clause. Independent legal advice on a case-by-case basis may be required for particular chartering provisions and trading patterns. Additional info: Whether or not a port is safe will need to be considered on the facts on a case-by-case basis. As things currently stand, it is unlikely that a port will be rendered unsafe due to the presence of Covid-19 as the risk of infection appears to be manageable if protective measures are followed. Ports remain open and many are taking their own precautions e.g. by managing ship and shore interaction, refusing disembarkation and crew change. There are a number of practical precautions that can be taken by the vessel and its crew prior to and during a port call to prevent contamination, including those advised by the World Health Organization, and any specific guidance from the relevant authorities in each case.
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Guidance on Chartering Issues Relating to Covid-19
Language: English
Author: Intertanko
Genre: Guide
Publisher: Intertanko
Edition: 1st edition
Format: PDF
Quality: eBook
Pages count: 34
Description: At the time of writing almost every coastal state in the world has seen its shipping activities affected by Covid-19. Any contractual restrictions on trading to a Covid-19-affected area should therefore be carefully assessed so as not to unduly restrict vessel trading limits and hamper commercial viability. It is also essential
that both ship and shore side put in place practical and effective measures to avoid the risk of infection to crew members, which may in turn interfere with owners’ performance obligations, and vice versa to shore personnel, if any contamination is on board.
Much will depend on the facts in each case and the specific wording of the particular fixture. However, some general observations and recommendations for charterparty protective clauses can be made to manage the allocation of Covid-19 risks going forward, both for time and spot fixtures. This document brings together a series of Q&As under each of the three areas outlined above. The guidance and recommendations that follow should allow readers to assess the need for a bespoke Covid-19 Clause.
Independent legal advice on a case-by-case basis may be required for particular chartering provisions and trading patterns.
Additional info: Whether or not a port is safe will need to be considered on the facts on a case-by-case basis. As things currently stand, it is unlikely that a port will be rendered unsafe due to the presence of Covid-19 as the risk of infection appears to be manageable if protective measures are followed.
Ports remain open and many are taking their own precautions e.g. by managing ship and shore interaction, refusing disembarkation and crew change. There are a number of practical precautions that can be taken by the vessel and its crew prior to and during a port call to prevent contamination, including those advised by the World Health Organization, and any specific guidance from the relevant authorities in each case.
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