Articles

It would be difficult to attempt to list a set of comprehensive guidelines to avoid problems getting paid under TOWCON, when a voyage has not gone according to plan. A good broker should keep the parties talking, ensure most differences are resolved and that the tug gets paid. When therefore the first call comes in from…

There is one good reason why there are many more solicitors dealing with marine claims than in the offshore and energy sectors. In traditional shipping, the parties are frequently in dog-fights over damage to cargo, demurrage, unpaid or disputed hire, general average and, of course, the occasional unexpected bump, towage or salvage. Conversely, offshore and…

Happily, if that is the right expression, most collision incidents are relatively straightforward, in the sense that two vessels are manoeuvring and come into contact. AIS or VTS records will often provide speeds and courses and so allow the developing incident to be plotted. The acts and omissions of either ship can then be dissected…

This article argues that over-reliance on the ability of a tug and its crew to be able to prevent the vessel from capsizing is common to many incidents. Girting – Communication is vital I have not been on board a girting tug, nor want to be. I do know that when a yacht broaches in high…

This article looks at what we describe as the alarming trend of taking advantage of the prolonged soft market to throw risk onto the shipowner. Provisions are litigation time-bomb There is one good reason why there are many more solicitors dealing with marine claims than in the offshore and energy sectors. In traditional shipping the parties…

This article looks at the pitfalls of negotiating an award and how best to increase your chances of avoiding being ordered to pay your opponent’s costs. Make them an offer they can’t refuse Sometimes resort to the courts or arbitration is unavoidable. Fortunately for clients’ pockets, and our blood pressure, this is quite a rare…

When can an unexpected problem that happens part-way through an operation under a towage contract legally be said to have turned it into a salvage operation? This article looks at some borderline cases. Towing the line on defining salvage  At the Salvage and Wreck Conference in London in December, one subject that caught the attention of…

This article looks at a court judgment under TOWCON and warns of the risk to tugowners of cancelling or withdrawing from a disputed contract Take care in heavily mined waters 2016 has drawn to a close, and it was an interesting year. It also ended with a rare event: a court judgment under TOWCON. Before…

Stephen Askins, Partner at TugAdvise, considers the risk to tugs and barges of the continued rise of piracy in the Sulu Sea. The National Counterterrorism Centre describes the Abu Sayyaf Group (“ASG”) as “the most violent of the Islamic separatist groups operating in the Southern Philippines” and it has as one of its aims the promotion…

This article looks at why English law and jurisdiction are used to settle disputes about incidents many thousands of miles away from the White Cliffs of Dover. Precedents provide legal certainty Most of our clients are from outside of the UK, not untypical for those practising maritime law in England. When people ask why that is…