# NAU Pte Ltd

> Marine Claims Consultant


## Posts

- [Seaworthiness of Containers](https://nau.com.sg/seaworthiness-of-containers/): This article discusses on the duty of Container Operators to provide &#8220;seaworthy&#8221; containers and its effect under the contract of carriage. It also touches on the possible consequences for insured cargo interests should they not inspect the containers to consider their suitability prior to loading their cargoes. While use of containers for shipping cargo has [&hellip;]
- [NVOCC / Contractual Carriers – Cargo Claims Defence (2nd Part)](https://nau.com.sg/nvocc-contractual-carriers-cargo-claims-defence-2nd-part/): This article discusses the issues faced by NVOCC&#8217;s in the defence of cargo claims. In the first part of the article, we had submitted that contractual carriers are entitled to i) Exclude Liability provided they could provide evidence that the Owners had fulfilled the requirements under Art III and IV of The Rules and/or ii) [&hellip;]
- [NVOCC / Contractual Carriers – Cargo Claims Defence (1st Part)](https://nau.com.sg/nvocc-contractual-carriers-cargo-claims-defence-1st-part/): NVOCC would generally load their containers with feeder operators either on “use” or on “slot chartered&#8221; basis. With respect to loading on “use&#8221; basis, unless there are contractual terms specifically agreed prior to loading, the Bills of Lading issued by the feeder operator would normally evidence the terms of the contract of carriage. For &#8220;slot [&hellip;]
- [House Bills of Lading – are they a cause for concern?](https://nau.com.sg/house-bills-of-lading-are-they-a-cause-for-concern/): We recently read an article which mentioned that there were additional risks associated with the issue of a House Bills of Lading (“HBL”) by a Freight Forwarder and / or NVOCC. The purpose of this article is to define what a HBL is and further argue that the risks associated with the issue of a [&hellip;]
- [Risk Management in the Shipping Industry](https://nau.com.sg/risk-management-in-the-shipping-industry/): Presentation given at Institute of Chartered Shipbrokers, Dubai on 11 May 2015 Download Now
- [Is the Equipment Policy a Valued or an Unvalued Policy?](https://nau.com.sg/is-the-equipment-policy-a-valued-or-an-unvalued-policy/): Recently, one of our readers of our previous article, GA &amp; Salvage &#8211; Value of Containers, had posed a question relating to the reimbursement from the Insurers under the equipment policy as to whether it should be on the basis of Depreciated Value (“DV”) or Replacement Value (“RV”). The above article touches on these aspects [&hellip;]
- [GA & Salvage – Value of Containers](https://nau.com.sg/ga-salvage-value-of-containers/): In the container liner industry, containers are either owned or leased and operated by various parties. Following a General Average Incident, the Average Adjuster will seek details of the valuation of the containers loaded on board the vessel together with appropriate security for their release. This article explores the various values of the container and [&hellip;]
- [Validity of Detention & Demurrage Clauses](https://nau.com.sg/validity-of-detention-demurrage-clauses/): The decision of MSC Mediterranean Shipping Company S.A. v Cottonex Ansalt appears to be the first English decision in relation to container demurrage. This article reviews the possible effect of the decision to Container Carriers. In our earlier article on Demurrage and Detention, we focused on the terminology used in the Container Industry and suggested [&hellip;]
- [Revised Freight Rates / GRI’s – are they valid?](https://nau.com.sg/revised-freight-rates-gris-are-they-valid/): One of my friends recently contacted me over an issue which he faced with respect to shipment of two containers of personal effects. Once the containers were loaded, my friend’s forwarder advised him that the Container Carrier (“CC”) had imposed a General Rate Increase (“GRI”) over the earlier freight rates quoted. The GRI quoted was [&hellip;]
- [If requested by Shipper's, should Carrier's show additional details in their Bills of Lading?](https://nau.com.sg/if-requested-by-shippers-should-carriers-show-additional-details-in-their-bills-of-lading/): We have been asked regularly by our clients as to whether they should accede to the requests made by Shippers to incorporate details of the sale contract in their bills of lading. In this regard, our consistent advise has been that Carriers must resist incorporating such details in their bills of lading as they may [&hellip;]
- [Container Operators – Trading to Iran](https://nau.com.sg/container-operators-trading-to-iran/): There continues to be growing containerized trade between the Indian Sub-Continent/Middle East to Iran either for Iran or for other countries for which goods transit through Iran. While talks are on between the UN and other parties and Iran to resolve the issues relating to the sanctions imposed, the fact is that sanctions will be [&hellip;]
- [Fiduciary Duty in the Transportation Industry](https://nau.com.sg/fiduciary-duty-in-the-transportation-industry/): This article discusses on the Fiduciary Duty of participants in the Transportation Industry at large We recently attended a mediation talk (mediation is gaining traction in Singapore and which could result in great savings to the disputants) and one of the comments made by a lawyer were that lawyers may be reluctant to suggest mediation [&hellip;]
- [Would clausing the B/L “Container to be package for Limitation” be valid?](https://nau.com.sg/would-clausing-the-bl-container-to-be-package-for-limitation-be-valid/): This article discusses on the effect of the clause &#8220;Container to be package for limitation&#8221; in a Bill of Lading contract with reference to The Hague / The Hague Visby Rules. Recently, we chanced upon a clause in one of the Bill of Ladings issued by a Container Operator (“CO”) stating that for “Calculation of [&hellip;]
- [ICC Clause 4.6 application for Container Shipments](https://nau.com.sg/icc-clause-4-6-application-for-container-shipments/): This article discusses on the exclusions available under Institute Cargo Clauses Cl.4.6, its implications to cargo assureds in the context of shipping cargo in containers. We understand that some parties engage Container Liner Operators (“CLO”) purely on the basis of competitive freight rates without considering whether they (CLO) are suitable to fulfill the contract or [&hellip;]
- [Refrigerated Claims Handling](https://nau.com.sg/3297-2/): Presentation given on 16th Oct 2014 at the Maritime Knowledge Shipping Session 29 jointly organized by the Singapore Maritime Foundation and General Insurance Association of Singapore Download Now
- [Electronic Bills of Lading](https://nau.com.sg/electronic-bills-of-lading/): This article discusses on Electronic Bills of Lading with reference to Paper Bills of Lading. Although there are many many providers of Electronic Bills of Lading such as Bolero, essDOCS, KTNET and ETitle, we contacted Bolero and essDOCS so that we could ascertain the differences between both a paper B/L and an electronic B/L. One [&hellip;]
- [Shipped on Board Date](https://nau.com.sg/shipped-on-board-date/): This article discusses on the relevance of Shipped on Board Date and the date to be reflected in the Bills of Lading. During a training session we recently conducted, we were enquired on what would be the correct “shipped on board” date to be reflected in Bills of Lading (“Bs/L”). By way of background, Container [&hellip;]
- [Standard Trading Conditions and its importance to Transport Operators](https://nau.com.sg/standard-trading-conditions-and-its-importance-to-transport-operators/): This article discusses on the importance of Standard Trading Conditions to International Transport Operators as it would assist them in dealing with the &#8220;before and after&#8221; problem which may arise. This article touches upon the importance of Standard Trading Conditions (“STC”) to Transport Operators (various parties involved in Transportation such as Container Operators, Hauliers, Shipping [&hellip;]
- [Switch Bills of Lading - Revisited](https://nau.com.sg/articles_detail-phpid71/): At the request of their customers, Carriers regularly issue Switch Bills of Lading. This articles touches on the risks together with the risk management procedures which should be considered by the Carriers prior to issue of any Switch Bills of Lading There have been many articles written on the Switch Bills of Lading (“SBL”) and [&hellip;]
- [Is limitation under the Hague Rules more generous than the Hague/Visby Rules?](https://nau.com.sg/is-limitation-under-the-hague-rules-more-generous-than-the-haguevisby-rules/): This article discusses the limitation of liability available under the Hague and Hague/Visby Rules. It also cites instances where limitation of liability under the Hague Rules may actually be better than the Hague/Visby Rules. The International Convention for the Unification of Certain Rules of Law relating to Bills of Lading (commonly known as the “Hague [&hellip;]
- [Issues to be considered when Container Operators become Slot Charterers](https://nau.com.sg/issues-to-be-considered-when-container-operators-become-slot-charterers/): This article discusses in detail on the issues to be considered when a Container Operator decides to become a slot charterer. While these issues were touched on our earlier articles, &#8220;Should a Container Operator become a Slot Charterer?&#8221; and &#8220;Connecting Carrier Agreement – to sign or not to sign&#8221;, this article deals more in depth [&hellip;]
- [Clause 5.6 of Institute Container Clauses, Time 1/1/87](https://nau.com.sg/clause-5-6-of-institute-container-clauses-time-1187/): This article focuses on Clause 5.6 of Institute Container Clauses, Time 1/1/87 and its effect. It also discusses ways to manage the risks which are uninsured due to this exclusion.   This article focuses on Clause 5.6 of the Institute Container Clauses, Time 1/1/87 and touches on the judgement of Integrated Container Services Ltd (“ICS”) [&hellip;]
- [Double Insurance and its effect on marine policies](https://nau.com.sg/double-insurance-and-its-effect-on-marine-policies/): This article describes issues which may arise when there is double insurance One of the claims we previously handled was a RDC claim in which there were two insurances covering the same risk (the P&amp;I Insurers covered ¼ RDC and the H&amp;M Insurers covered 4/4 RDC i.e. there was double insurance in ¼ RDC). While [&hellip;]
- [GA - Insurance Covers](https://nau.com.sg/ga-insurance-covers/): This article focuses on the insurance cover available to various parties who may be involved in a General Average Following our article of General Average – Issues arising in Container Shipping of last week, we now focus on the various insurance coverage&#8217;s available to the various interests involved in a General Average (Owners, cargo interests, [&hellip;]
- [General Average – issues arising in Container Shipping](https://nau.com.sg/general-average-issues-arising-in-container-shipping/): This article discusses, as we see it, the issues faced in General Averages in the Container Liner Industry 1.Introduction: General Average can be defined as a principle of maritime law in which parties who have benefited from any extraordinary sacrifice or expenditure voluntarily and reasonably made in a time of peril for the purpose of [&hellip;]
- [Should Agents act as “ad hoc” Delivery Agent for others?](https://nau.com.sg/should-agents-act-as-ad-hoc-delivery-agent-for-others/): In our role as consultants to various shipping companies, we have been asked by our clients to comment on the risks involved for them to act as delivery agents for shipments by third party intermediaries on an ad-hoc basis either directly (global company having own / subsidiary offices in various ports) or through their agents. [&hellip;]
- [Cargo Owners Liability](https://nau.com.sg/cargo-owners-liability/): In our course of work, we have been involved in many claims for which the cause of the loss appeared to be due to the fault / negligence of the cargo owners (generally the Shipper under the contract). However, recovery is sometimes difficult as the cargo owners are either in a difficult jurisdiction to pursue [&hellip;]
- [Should a Container Operator become a Slot Charterer?](https://nau.com.sg/should-a-container-operator-become-a-slot-charterer/): Article for Container Operators / NVOCC discussing the advantages of becoming a Slot Charterer Download Now In our last article on calculating cargo exposures, we did suggest that it may be worthwhile for Container Operators / Intermediaries to consider becoming a slot charterer (should they be loading their own containers on feeders / vessels) so [&hellip;]
- [Calculating Cargo Exposures for Transport Liability Operators](https://nau.com.sg/calculating-cargo-exposures-for-transport-liability-operators/): This article focusses on International transport intermediaries / operators acting as contractual carriers (who in turn, contract with an overlying or the actual/performing carrier, for the performance of the actual carriage). The aim of the article is to draw attention to the various conventions in play in International Sea Transport and the interplay between them [&hellip;]
- [Demurrage and Detention](https://nau.com.sg/demurrage-and-detention/): This article focuses on Detention and Demurrage. As the target audience includes Bulk and Liner Operators (a majority of which is in containerised trade), we will initially discuss on how they arise separately and then focus on the common issues. Demurrage simply means liquidated damages. It first arose in voyage charters when a vessel became [&hellip;]
- [Abandonment of Cargo](https://nau.com.sg/abandonment-of-cargo/): The first question to ask is what abandonment of cargo is and why does this happen?Abandonment of cargo refers to the action taken by the cargo interests to avoid / deny their interests in the cargo and thereby avoid liability associated with it (custom duties, port charges, carrier’s charges by way of detention and or [&hellip;]
- [Lost Bills of Lading](https://nau.com.sg/lost-bills-of-lading/): This is a topic which has been discussed in many newsletters. However, we felt that it might be worthwhile to relook at this particularly as this was the topic of our discussions in the very recent past with one of our clients. As has been advised in one of our earlier articles, it is a [&hellip;]
- [Deck Cargo](https://nau.com.sg/deck-cargo/): There have been many articles written on Deck Cargo.Our purpose in looking at this topic is to focus on the specific issues relating to Deck Cargo. The first question we need to ask is what is Deck Cargo? Deck cargo simply means cargo which is loaded on deck. Vessels are generally constructed so that cargo [&hellip;]
- [Ad Valorem Bills of Lading](https://nau.com.sg/ad-valorem-bills-of-lading/): Many a times, cargo interests request the Shipping Agents / Carriers to mention the value of the cargo in the body of the Bill of Lading. Often this request is passed to us so that we could comment on the same. Our response has generally been that the Shipping Agent / Carrier should not mention [&hellip;]
- [Connecting Carrier Agreement – to sign or not to sign](https://nau.com.sg/connecting-carrier-agreement-to-sign-or-not-to-sign/): Non Vessel Ocean Common Carrier (“NVO”) have been in the Asian Region for quite some time. They initially were focused in niche trades (ISC – ME Trade, Inter Asian Trade) and are now involved in almost all trades. Frequently,as is the case,theNVO’s will be acting as the Contractual Carrier and is responsible to the cargo [&hellip;]
- [Inspection DO for cargoes loaded in containers](https://nau.com.sg/inspection-do-for-cargoes-loaded-in-containers/): We have come across many requests made by the consignee that they would wish to inspect the cargo inside the container prior to taking delivery. For this, the consignee would take the appropriate permission from the custom authorities to conduct an inspection at the terminal / CFS. If the Shipping Line (“hereinafter known as “SL”) [&hellip;]
- [Release of cargo against a Letter of Indemnity / Bank Guarantee:](https://nau.com.sg/release-of-cargo-against-a-letter-of-indemnity-bank-guarantee/): Bills of Lading are issued by the Carrier (Ocean Carrier, Shipping Line, Freight Forwarder, etc) on receipt of goods from the consignor / shipper and perform the following functions: Receipt  Evidence of contract of carriage Negotiable document of title (Sea Way bills and straight bills are not negotiable – the only difference being that in a [&hellip;]
- [The Role of P&I / Claims Correspondent in Shipping Matters](https://nau.com.sg/the-role-of-pi-claims-correspondent-in-shipping-matters/): Webinar conducted by Gujarat Maritime University on 06th Sep 2021 on the The Role of P&amp;I / Claims Correspondent in Shipping Matters  which can be viewed at https://www.youtube.com/watch?v=0KZxmJ2nHrw &nbsp; &nbsp;
- [The case of NTUC Foodfare Co-operative Ltd - Whether Singapore law is better or English law is preferable?](https://nau.com.sg/the-case-of-ntuc-foodfare-co-operative-ltd-whether-singapore-law-is-better-or-english-law-is-preferable/): The easing of the Covid-19 restrictions on dining in meant that we can finally meet in person and sit down for a meal together.  Despite the advances of virtual meetings, nothing beats having in-person meetings for ideas to flow, and it was during a lunch between M Jagannath (Jagan) of NAU Pte Ltdiand Joseph Tan [&hellip;]
- [Shipper’s Liability - Bill of Lading](https://nau.com.sg/shippers-liability-bill-of-lading/): &nbsp; This is a guest article written for Shipping and Freight Resource, an online resource founded and managed by Hariesh Manaadiari. The Shipping and Freight Resource has, from 2008,  been providing quality content to the Freight and Logistics Industry without any financial incentive. Further details of Shipping and Freight Resource can be viewed by clicking [&hellip;]
- [The Ever-Given Mela – IV](https://nau.com.sg/the-ever-given-mela-iv/): This article is a continuation of our three earlier articles (The EVER-GIVEN Mela, The EVER-GIVEN Mela-II &amp; The EVER-GIVEN Mela-III) on the  grounding of EVER-GIVEN at the Suez Canal on 24th March 2021. The EVER-GIVEN was released from its arrest on 07th July 2021 after a settlement was reached between the Owners and the Suez Canal Authority. The details [&hellip;]
- [CMM - SL Webinar on The X-Press Pearl Incident](https://nau.com.sg/cmm-sl-webinar-on-the-x-press-pearl-incident/): We recently participated in the above webinar conducted by the Company of Master Mariners of Sri Lanka on The X-Press Pearl Incident : Risks, liabilities and compensation and which can be viewed at https://youtu.be/fZipnVgkw2Y            &nbsp;
- [Abortive General Average](https://nau.com.sg/abortive-general-average/): Recently, another major container casualty unfolded – the fire on board Xpress Pearl and which resulted in both the vessel and the cargo on board becoming a Total Loss. While the investigations are ongoing, we believe that once the circumstances related to the loss are clearly established, they will go in creating procedures necessary to [&hellip;]
- [FOB or FCA?](https://nau.com.sg/fob-or-fca/): This is the fifth guest article written by L M Mohamed Ismail1. We thank Ismail for this wonderful article and look forward to seeing more such contributions from him and others. INCOTERMS has been the mainstay of international trade since 1936. Whilst the purpose of Incoterms was to provide clarity on the individual roles and [&hellip;]
- [The EVER-GIVEN Mela - III](https://nau.com.sg/the-ever-given-mela-iii/): This article is a continuation of the earlier two articles we had written (The EVER-GIVEN Mela &amp; The EVER-GIVEN Mela-II) on the  grounding of EVER-GIVEN at the Suez Canal on 24th March 2021. While we had hoped that issues relating to the grounding including the salvage and general average would be resolved within a short [&hellip;]
- [The EVER-GIVEN Mela – II](https://nau.com.sg/the-ever-given-mela-ii/): This article is a continuation of our earlier article, “The EVER-GIVEN Mela”. We have since been advised that a) the engagement of Smit and Nippon Salvage was not on LOF basis,  b) the Average Adjusters have only sought an Average Bond from the uninsured cargo interests as the quantum of cash deposit is yet to [&hellip;]
- [The EVER-GIVEN Mela](https://nau.com.sg/the-ever-given-mela/): Mela is a Sanskrit word meaning &#8216;gathering&#8217; or &#8216;to meet&#8217; or a &#8216;fair&#8217;. The reason behind using this word in the subject heading is to emphasize the multitude of issues arising from this incident. By way of a background, The Ever Given, a vessel operated by Evergreen Line whilst transiting the Suez Canal  on a [&hellip;]
- [Cargo Condensation - Issues](https://nau.com.sg/cargo-condensation-issues/): This is the fourth guest article written by L M Mohamed Ismail1 &#8211; it seems to us that he has has caught the writing bug. We thank Ismail for this wonderful article and look forward to seeing more such contributions from him and others. Condensation can be described as a natural phenomenon which occurs when [&hellip;]
- [Container Shipping - Separate York Antwerp Rules?](https://nau.com.sg/container-shipping-separate-yar/): The London Shipping Law Centre (“LSLC”) conducted a webinar on Containership Casualties on 22nd Feb 2021 in which the speakers discussed on various issues in this industry. During the Q&amp;A session, Keith Jones of Aon commented “The Rhodian’s could not have envisaged a casualty which might concern some 2000 interests. And surely the container industry [&hellip;]
- [Cargo Insurance – An Expense Or Necessity?](https://nau.com.sg/cargo-insurance-an-expense-or-necessity/): This is the third guest article written by L M Mohamed Ismail1. We thank Ismail for this wonderful article and look forward to seeing more such contributions from him and others. History reveals that the first form of insurance along with bonds or even ART (Alternative Risk Transfer), originated from the marine sector. The principle [&hellip;]
- [Trade Credit Risk](https://nau.com.sg/trade-credit-risk/): Of late, we have been seeing more enquiries in relation to Freight Forwarders / NVO’s (“SP”) clients being wound up / liquidated1. SPs are therefore concerned and wish to ascertain how they could recover their unpaid charges. This situation, perhaps, is more due to the business stresses of N Covid 19. Additionally, the freight rates [&hellip;]
- [Bunker Insurance](https://nau.com.sg/bunker-insurance/): Bunkersi was initially used to denote storage containers for coal used in Steamships to feed furnaces on ships to generate steam.&nbsp; As coal was the original fuel for steamships, the word has now become synonymous with fuel used in ships. The price of Bunkers fluctuate depending on the type of Bunkersii together with the demand [&hellip;]
- [Bills of Lading – One more function!](https://nau.com.sg/bills-of-lading-one-more-function/): The Middle East Branch of the Institute of Chartered Shipbrokers conducted a Masterclass on Bills of Lading by way of a webinar conducted on 28th Nov and 12th Dec 2020. The author was fortunate to attend the webinar and to hear from Capt Norman Lopez1, FICS, Mr Krishna Prasad2,FICS and Mr Jeffrey Blum3,FICS. While most [&hellip;]
- [Uncollected / Abandoned Cargo](https://nau.com.sg/uncollected-abandoned-cargo/): TT Club recently published an article on “Mitigating Risks of uncollected cargo”1 and which lists ways to identify and prevent this risk. The suggestions made in the article are noteworthy and therefore we would recommend all container operators to consider the same to deal with issues arising from uncollected / abandoned cargo. This article will comment [&hellip;]
- [Transport Liability Policy - What Limits?](https://nau.com.sg/transport-liability-policy-what-limits/): The Charterers P&amp;I recently published a guidei on What limits of liability to purchase for Charterers Liability Insurance. This set us thinking on similar terms for a Transport Liability Policy (“TLP”). While the TLP encompasses various functions of a Transport Operator (“TO”) including that of a Stevedore, Terminal Operator, Slot Charterer, Non-Vessel Operating Common Carrier (“NVOCC”), [&hellip;]
- [International Maritime Bureau NVO Register](https://nau.com.sg/international-maritime-bureau-nvo-register/): The ICC International Maritime Bureau (IMB) recently established a register for the voluntary registrationi of NVOCC’sii involved in container shipping. In addition, the IMB launched a course,  the IMB NVOCC Bill of Lading Certificate (“NBL”) targeted at the NVOCC’siii. To celebrate the official launch of the NBL, IMB organised a panel discussion on 18thJan 2019 at [&hellip;]
- [Win the Battle & the War](https://nau.com.sg/win-the-battle-the-war/): Webinar conducted by Council for National and International Commercial Arbitration and CNICA Mediation Centre on 18th Sep 2020 and which can be viewed at https://youtu.be/pJla8OuyZq0 &nbsp;
- [Indian Multimodal Transportation of Goods Bill 2017](https://nau.com.sg/indian-multimodal-transportation-of-goods-bill-2017/): We were recently advised that the Indian Govt is in the process of updating its law1 with respect to the Multimodal Transport of Goods. We had, in our earlier article “Unintended Consequences of MTGA 1993”2 commented on the prevailing act, the Multimodal Transport of Goods Act 1993. In this article, we focus only on the [&hellip;]
- [Indian Logistics Operators - Set Off](https://nau.com.sg/indian-logistics-operators-set-off/): This article discusses the common issues related to freight set-offs in the Indian context.
- [AMTOI & CAI Webinar on Claims related to Cargo and Errors & Omissions](https://nau.com.sg/amtoi-cai-webinar-on-claims-related-to-cargo-and-errors-omissions/): Webinar conducted on 23rd July 2020 by Association of Multimodal Transport Operators of India (AMTOI) and Consolidators Association of India on Claims related to Cargo and Errors &amp; Omissions and which can be viewed at https://www.youtube.com/watch?v=nTgiAGsTfUk &nbsp;
- [E-Bill of Lading: A way to Digital Transformation](https://nau.com.sg/e-bill-of-lading-a-way-to-digital-transformation/): Webinar conducted by My Logistics Gurukul on15th July 2020 on E-Bill of Lading: A way to Digital Transformation and which can be viewed at https://www.youtube.com/watch?v=G_400IR8hMc&amp;t=470s &nbsp; &nbsp;
- [What comes first in a Transport Liability Policy - Limit or Deductible?](https://nau.com.sg/what-comes-first-in-a-transport-liability-policy-limit-or-deductible-under-the-policy/): This question cropped up in a claim under a Transport Liability Policy in which the claimed amounts exceeded the limits provided in the policy. In this instance, the policy provided for a substantial deductible and therefore it was important to ascertain whether the deductible should be applied first followed by the limits or vice versa. [&hellip;]
- [AMTOI Webinar on Bills of Lading](https://nau.com.sg/amtoi-webinar-on-bills-of-lading/): Webinar conducted on 23rd June 2020 by Association of Multimodal Transport Operators of India (AMTOI) on Bills of Lading and which can be viewed at https://bit.ly/31bh8Kr  &nbsp; &nbsp;
- [Bills of Lading – Electronic / Blockchain or Traditional methods?](https://nau.com.sg/bills-of-lading-electronic-blockchain-or-traditional-methods/): Given the present lockdown in place due to N Covid19, cargo interests involved in international transport are facing difficulties due to the requirement of paper documents to facilitate cargo transfer. While some quick fixes have been worked out by Carriers such as release of cargoes against Letter of Indemnities, Guarantees, or release of Bills of [&hellip;]
- [Some thoughts on Average Disbursements Insurance](https://nau.com.sg/average-disbursements-insurance/): This article discusses on ADI and what more could be done to ensure that the recovery matches the loss.
- [Letter of Indemnity – Container Carriers](https://nau.com.sg/letter-of-indemnity-container-carriers/): This article discusses on the changes to the wordings of Letter of Indemnities of Container Carriers to facilitate the various documentary processes
- [Documentary Issues - COVID 19](https://nau.com.sg/documentary-issues-covid-19/): Webinar conducted on 11th April 2020 by the Middle East Branch of the Institute of Chartered Shipbrokers in which I participated as a speaker. The Webinar can be viewed by clicking at  https://youtu.be/FaVv_IZw4xc            &nbsp;
- [Underinsurance - General Average in a Hull Policy](https://nau.com.sg/ga-in-a-hull-policy/): One of the topics examined in  the Fellowship examinations of the Association of Average Adjusters Examinations1 is on the effect of underinsurance for insurance payouts in a Hull policy for General Average (&#8220;GA&#8221;) after the application of a deductible. As there appears to be limited literature available to explain the basis of the apportionment of the [&hellip;]
- [Direct Container Loading / Delivery at Indian Ports](https://nau.com.sg/direct-container-loading-delivery-at-indian-ports/): In a bid to decrease the logistical costs, Indian Customs directed the Terminals to allow both Container importers and exporters to make direct payment of the Terminal Handling Charges (“THC”) instead of doing it through the Shipping Lines/Container Operators (“CO”)i. The reason behind this is due to the difference in the THC’s being charged by [&hellip;]
- [Standard Trading Conditions - Time Bar & Limitation of Liability Clauses](https://nau.com.sg/standard-trading-conditions-time-bar-limitation-of-liability-clauses/): In order to manage their liability exposures, Carriers and Logistics Service Providers (“LSP”) usually contract using boilerplate wordings / Standard Trading Conditions (&#8220;STC&#8221;) which provide for both a time bar and limitation of liability. The advantage of incorporating such clauses is that it allows the LSP a shorter period in which the claim can be [&hellip;]
- [Force Majeure – Corona Virus](https://nau.com.sg/force-majeure-corona-virus/): (gtag.js) The recent Wuhan Coronavirus will indeed be a stress test for many supply chains given that the effect is not only restricted to Wuhan but has also spread to many parts of China. There is lot of information readily available and which can be viewed at Mr Anuj Velankar’s1LinkedIn post2. The other interesting post [&hellip;]
- [LC - Joker’s clause](https://nau.com.sg/lc-jokers-clause/): Mr Ismail1 had earlier written on Seller&#8217;s Interest Insurance and this is his secound guest article. We hope to see more guest posts2. Letters of credit have been the linchpin of commerce for well over a century, with the seller having the assurance that his payment is secured and the buyer having the assurance that [&hellip;]
- [Voyage Charters - Common Issues](https://nau.com.sg/voyage-charters-common-issues/): This article focusses on some of the common issues faced in Voyage Charters, namely, Notice of Readiness (&#8220;NOR&#8221;) and Commission due to Brokers. NOR: We recently attended a dinner organized at Singapore for members and well-wishers of Association of Maritime International Commercial Interests &amp; Expertise1 (“AMICIE”). One of the topics discussed was the recent English [&hellip;]
- [Bills of Lading - Issues](https://nau.com.sg/bills-of-lading-issues/): This is a short summary of the above post. Issues frequently arise relating to the release of cargo without Original Bills of Lading and Switch Bills of Lading. This post discusses some of the issues.
- [General Average – Container Vessels](https://nau.com.sg/general-average-container-vessels/): One of the common topics in all most all shipping conferences is on “Container Fires”. In the seminar on “Resolving Disputes, Claims and other issues in Containerized Cargo Shipping, Multi-modal Transport, Logistics” conducted in late August this year at Mumbai, this was again a topic which was discussed. Participants noted with concern on the numerous [&hellip;]
- [Mis-declaration of cargoes - Penalties](https://nau.com.sg/mis-declaration-of-cargoes-penalties/): We recently had an opportunity to share our thoughts on this subject at a seminar on &#8220;Resolving Disputes, Claims and other issues in Containerised Cargo Shipping, Multimodal Transport, Logistics&#8221; conducted at Mumbai, India by Hinode Events &amp; Services Pte Ltd. The seminar was well attended, and it was indeed refreshing to hear from both speakers and [&hellip;]
- [Transport Operators Liability Cover](https://nau.com.sg/transport-operators-liability-cover/): Presentation on Transport Operators Liability Cover &#8211; what is and what is not covered? given at AMTOI, Mumbai, 27 Aug 2019
- [Fire Ahoy!](https://nau.com.sg/fire-ahoy/): Presentation on &#8220;Fire Ahoy!&#8220;given at Disputes, Claims and Other Issues in Containerised Cargo Shipping, Multimodal Transport, Logistics Seminar, 28 Aug 2019 conducted at Mumbia, India by Hinode Events and Services Pvt Ltd
- [Slow Steaming - Cargo Cover](https://nau.com.sg/slow-steaming-cargo-cover/): The Centre for Maritime Law1, National University of Singapore regularly conducts seminars with speakers who have in depth knowledge in Marine Insurance. The last seminar was conducted on 27thJune 2019 where Ms Ayşegül Buğra, Visiting Research Fellow spoke on “Express and Implied Conditions in Marine Cargo Insurance”. Ms Buğra is also the author of “Insurance [&hellip;]
- [Ports & Terminal's Liability Insurance](https://nau.com.sg/ports-terminals-liability-insurance/): Presentation given at Lloyd&#8217;s Singapore on 10th July 2019 Marine Policies are taken by various parties (Property Interests (Cargo Interests, Vessel Owners, Terminal Owners), Operators, Freight Forwarders, Carriers, Ports and Terminals, Professionals, etc) to cover various risks. Some of these policies also cover the Insured for their liabilities (this was how marine liability cover developed) [&hellip;]
- [Cargo Cover – Abnormal delay](https://nau.com.sg/cargo-cover-abnormal-delay/): Our last article on Salvage &amp; General Average – Security Issues did not touch on the possible implications to an insured cargo interest arising from the delay (if you recall, Yantian Express continued to remain at Freeport, Bahamas for approximately 3 months as security was not provided by some cargo interests). Accordingly, we are focusing [&hellip;]
- [Salvage & General Average – Security Issues](https://nau.com.sg/salvage-general-average-security-issues/): We had the opportunity to meet Ms Joanne Waterfall of Roose + Partners earlier this month in our hopefully annual visit to London to attend the Association of Average Adjusters AGM and Dinner. Her feature “Yantian Express – A plea for Cargo?” published in their newsletter1 of 08th May 2019 is a welcome read to [&hellip;]
- [Cargo Cover - Value Protect & Serenity](https://nau.com.sg/cargo-cover-value-protect-serenity/): It is always good practice to ensure that cargo is insured prior to inception of voyage, particularly when the costs for such covers are only a fraction of the value of the cargo. We however come across many shipments wherein cargo interests believe that they would be able to  recover from the Carriers for any [&hellip;]
- [Set Off's - Freight Forwarding Contracts](https://nau.com.sg/set-offs-freight-forwarding-contracts/): The English Courts in the recent case of Globalink Transportation and Logistics Worldwide LLP v DHL Projects &amp; Chartering Limited [2019] EWHC 225 (“Globalink v DHL”) denied Globalink the Rule against Set Off on the basis that this rule should not be extended for services provided by a freight forwarder. Various law firms1 have commented [&hellip;]
- [General Average - Cargo Interests](https://nau.com.sg/cargo-interests/): Given the recent spate of General Average Incidents arising due to container fires, we were recently invited to write on the processes following a General Average for the cargo interests and thank Shipping and Freight Resource for the opportunity. While we had earlier written on Salvage &amp; General Average, we have also been receiving enquiries [&hellip;]
- [NVOCC – Contractual Issues](https://nau.com.sg/nvocc-contractual-issues/): Specialisation has led parties in shipping also to focus on what they do best i.e. focus on their core competencies such as Ship Owning, Operation, Chartering, Feedering, etc. Accordingly, intermediaries would often act as Carriers even though they do not own any assets (Vessels, equipment) or limited assets (equipment such as containers). These intermediaries issue [&hellip;]
- [Mis-delivery of cargo – Time bar](https://nau.com.sg/mis-delivery-of-cargo-time-bar/): The Hague and Hague Visby Rules invariably apply to Bills of Lading as provided by the compulsory application of COGSA or by way of the Paramount Clause. Art II of both the Hague and Hague Visby Rules are similar and provide for the responsibilities and liabilities of the Carrier from “loading, handling, stowage, carriage, custody, [&hellip;]
- [Mis-declared cargo](https://nau.com.sg/mis-declared-cargo/): Much has been written on this topic1and we do not wish to discuss the ground already covered. We would wish to instead set our thoughts on this subject to see whether a solution can be indeed found to avoid or minimize the carriage of mis-declared cargo. We have noticed the positive effect of the Verified [&hellip;]
- [Unhealthy / Fraudulent Practices in Shipping – way to combat them](https://nau.com.sg/unhealthy-fraudulent-practices-in-shipping-way-to-combat-them/): We were delighted to speak on Fraudulent Practices in Shipping at the seminar WINDS OF CHANGE – CHALLENGES TO SHIPPING AND THE WAY AHEAD conducted by the ICS East India Branch on 07/08 Dec 2018. The seminar was both well organized and attended by the shipping community. We thank ICS East India Branch for having invited us to share [&hellip;]
- [Kidnap & Ransom Insurance – General Average](https://nau.com.sg/kidnap-ransom-insurance-general-average/): Kidnap &amp; Ransom Insurance (“K&amp;R”) was originally developed to protect individuals when they visited high risk areas. However, given the spate of piracy attacks on vessels with the pirates holding the crew members to force Owners to pay ransom, this cover was extended to cover such risks. The author had recently seen a post on [&hellip;]
- [Release of Cargo without presentation of Bills of Lading – TLO Cover](https://nau.com.sg/release-of-cargo-without-presentation-of-bills-of-lading-tlo-cover/): &nbsp; The General Insurance Association of Singapore and Singapore Maritime Foundation regularly conduct talks on developments occurring in the industry (Maritime Knowledge Shipping Session) and invite various Shipping and Marine Insurance professionals to share their knowledge and expertise. The latest session was on 17th Oct 2018 in which Ms Alicia Leong of Munich Re spoke [&hellip;]
- [York Antwerp Rules 2016 – Potential for further changes?](https://nau.com.sg/york-antwerp-rules-2016-potential-for-further-changes/): Due to the different practices in the adjustment General Average, there was clamor for uniformity and which led to the establishment of the York Antwerp Rules, commonly known as YAR (it started with The York Rules 1864 followed by The York Antwerp Rules 1877, 1890, 1924, 1950, 1974, 1990 amendment to the 1974 Rules, 1994, [&hellip;]
- [Arbitration Clause in Liner Bills of Lading - is it workable?](https://nau.com.sg/arbitration-clause-in-liner-bills-of-lading-is-it-workable/): While we remain convinced of the advantages of the use of Arbitration Clauses in Liner Bills of Lading to deal with disputes, there is some skepticism as to whether an arbitration clause in a Liner Bill of Lading is indeed workable. We have reviewed the Bills of Lading issued by various Main Line Operators and [&hellip;]
- [Shipment information – should it be provided to 3rd parties?](https://nau.com.sg/should-it-be-provided-to-3rd-parties/): We have been advised by our clients (Carriers / Operators involved in bulk and liner trades) that they have received requests from various 3rdparties (mostly from ICC-International Maritime Bureau) seeking confirmation on the authenticity of documents together with shipment details. We had commented in our earlier article “Should Customers shipment information be provided to 3rdparties” [&hellip;]
- [Underinsurance - Liability Policies](https://nau.com.sg/underinsurance-liability-policies/): We were recently involved in a Transport Liability claim in which the claim exceeded the limits provided under the policy. The question then was what were the amounts properly due under the Policy? Under-insurance occurs when the value of the property or liability insured exceeds the amounts insured for. Marine Insurance policies may be either [&hellip;]
- [Partial & Total Loss – Uninsured Cargo Interests](https://nau.com.sg/partial-total-loss-uninsured-cargo-interests/): Our earlier article, Salvage &amp; General Average – Uninsured Cargo Interests, did not touch either on Partial or Total losses. Given that some of the uninsured cargoes may either be a Partial or a Total Loss, we are writing this article to focus on these losses. As mentioned in our earlier article (Salvage &amp; General [&hellip;]
- [Salvage & General Average – Uninsured Cargo Interests](https://nau.com.sg/salvage-general-average-uninsured-cargo-interests/): The past few weeks have been full of news on the fire in Maersk Honam. This casualty resulted in loss of 5 lives and our sympathies are with the bereaved families. Owners of Maersk Honam have declared General Average (the vessel appears to be loaded with 7860 containers with various cargoes including dangerous cargo) and [&hellip;]
- [Developments in the Liner Industry](https://nau.com.sg/developments-in-the-liner-industry/): Some of the recent developments in the Liner industry are as follows: Block chain: Originally developed for the virtual currency Bitcoin (which has of late, been getting a bit of bad press), Blockchain1 uses distributed ledger technology and are appearing in a variety of commercial applications including shipping and trade. The technology is primarily used [&hellip;]
- [Arbitration Clause - Liner Bills of Lading](https://nau.com.sg/arbitration-clause-liner-bills-of-lading/): We have been propounding arbitration to deal with disputes in the Liner Industry. The majority of the Bills of Lading issued in the Liner industry still incorporate a Law and Jurisdiction Clause (providing for the courts of a particular jurisdiction to deal with a dispute), however, we do note that some Liner Operators / Carriers [&hellip;]
- [New Risks (Trade Marks and Cyber)](https://nau.com.sg/new-risks-trade-marks-and-cyber/): The Singapore High Court recently ruled against the Owners of various trademarks that a Singapore freight forwarder involved in the transshipment of Containers (for movement to Indonesia), although listed in the Seaway Bills as the consignee, was not the importer of the goods and therefore not liable for the infringement of Trade Marks (Louis Vuitton [&hellip;]
- [Knock for Knock and General Average](https://nau.com.sg/knock-for-knock-and-general-average/): Legal Plus and International Malaysian Society of Maritime Law conducted the second Maritime Law Conference on 11/12 October 2017. This conference was very well attended and a wide variety of topics were discussed. Speakers who participated in the conference were not only from Malaysia but also from other jurisdictions. It was indeed an interesting event [&hellip;]
- [Seller's Interest Insurance](https://nau.com.sg/sellers-interest-insurance/): This is the first guest article written by L M Mohamed Ismail1 and we hope to see more such posts2. INCOTERMS: International Commercial Terms or INCOTERMS, for short, has been the bedrock of international trade for the past eight decades or so. First published in 1936 by the International Chamber of Commerce, its purpose was [&hellip;]
- [General Average - Back to Basics - 2](https://nau.com.sg/general-average-back-to-basics-2/): The English Supreme Court, on 25th Oct 2017, provided its long awaited decision on The Longchamp allowing Owners the  expenses incurred for the crew during the period the vessel was detained whilst Owners were negotiating the quantum of the ransom demanded by the pirates. The appeal was heard by a 5-member panel and while the judgement [&hellip;]
- [Bailee’s Liability Insurance Policy](https://nau.com.sg/baileeliability/): Introduction: We recently had an opportunity to discuss on Bailee liability policy with Mr Dennis Lim &amp; Mr Donald Ng of Amspex Insurance Brokers1. Although, we have not been involved in claims under a “pure” Bailee liability policy, given that Transport liability policies also cover bailment on terms, it is our view that the Bailee [&hellip;]
- [Force Majeure revisited](https://nau.com.sg/force-majeure-revisited/): The Indonesian Coal Mining Association and the Singapore Chamber of Maritime Arbitration jointly conducted a seminar on 15th Aug 2017 at Jakarta focusing on Coal Mining and Trading which we had the opportunity to attend. The seminar was very well attended with speakers / participants discussing on various topics including dispute resolution. One of the speakers briefly touched on “Force Majeure” in Indonesian law.  In our earlier article “Frustration and Force Majeure in Liner Contracts” we had commented on Force Majeure based on “English Law”. As we had not considered the “Force Majeure in civil law, we are writing this brief note to consider the effect of force majeure on the basis of “Civil Law”.
- [General Average – Back to Basics](https://nau.com.sg/general-average-back-to-basics/): Following the judgement in The Longchamp (presently under appeal at the UK Supreme Court), there were many articles/commentaries on whether the additional expenses incurred by Owners during the negotiations with the Pirates were correctly considered as General Average Expenditutre. Our view is contrary to the “majority” view and therefore we would welcome comments from readers [&hellip;]
- [Difference in Terms](https://nau.com.sg/difference-in-terms/): Talk given at Lloyd’s Asia, Singapore &#8211; 12 July 2017 Marine Liability Policies are taken by various parties (Owners, Operators, Freight Forwarders, Carriers, Ports and Terminals, Professionals, etc) to cover their liability exposure. Frequently, the exposure arises from failure (including allegations of failure) of the Insured’s (Marine Liability) in carrying out their duties and which [&hellip;]
- [Transport Liability Claims Handling – Front Foot or Back Foot?](https://nau.com.sg/transport-liability-claims-handling-front-foot-or-back-foot/): What is the best way to deal with a Transport Liability Claim? Should Carriers / Transporters and their Insurers (“TLO”) be involved when the loss is developing? Or should they wait for a claim to be submitted by the claimants? This article will consider these issues and argue that it would be best to be [&hellip;]
- [Confidentiality in Arbitration – boon or bane?](https://nau.com.sg/confidentiality-in-arbitration-boon-or-bane/): One of the advantages of Arbitration is that it is confidential in nature and that parties can arbitrate their disputes without this being available in the public eye (which is not available under the court system). Is this really a benefit? This article considers issues arising out of this “implied confidentiality” and argues that it [&hellip;]
- [LOI for Dummies](https://nau.com.sg/loi-for-dummies/): Presentation given to the Singapore Branch of Institute of Chartered Shipbrokers on 24 May 2017 download now
- [Hague / Hague Visby Rules - Can limitation be denied?](https://nau.com.sg/hague-hague-visby-rules-can-limitation-be-denied/): The focus of the article is to consider the limitation entitlements available to Carriers under The Hague and The Hague Visby Rules and whether this could be denied by Cargo Interests / Underlying Carriers. &nbsp; The Hague Rules represent the first global attempt by nations to establish a workable and uniform set of rules governing [&hellip;]
- [Mediation for Shipping / Maritime Disputes](https://nau.com.sg/mediation-for-shipping-maritime-disputes/): We recently attended two events in which there were serious and vigorous discussions on Mediation. While Mediation has a significant role to play in resolving shipping and maritime disputes, it would be too simplistic to consider this in every dispute. This article argues that while Mediation may be one of the ways to deal with [&hellip;]
- [Insurance Act 2015 & Enterprise Act 2016 – did it change anything?](https://nau.com.sg/insurance-act-2015-enterprise-act-2016-did-it-change-anything/): In our earlier article on “Pay to be Paid rule – An Anachronism?” we had suggested that with the implementation of the Insurance Act 2015, the &#8220;Pay to be Paid&#8221; rule found in P&amp;I Club Rules would become redundant. We have since been advised by one of our readers that the P&amp;I Clubs have incorporated [&hellip;]
- [Are we ready for the next one?](https://nau.com.sg/are-we-ready-for-the-next-one/): Presentation given on the Subject &#8220;Insolvency in Shipping&#8221; at the Maritime Knowledge Shipping Session 34 on 21 Feb 2017 conducted by General Insurance Association of Singapore and Singapore Maritime Foundation. download now
- [Pay to be Paid rule – An Anachronism?](https://nau.com.sg/pay-to-be-paid-rule-an-anachronism-2/): This article will consider the effect of the “Pay to be Paid” rule found in the Rules of the P&amp;I Clubs and whether the protection granted to the Clubs in case of insolvency of the Member survives after the implementation of the Insurance Act 2015. The cover provided by P&amp;I Clubs (Mutual), although described, as [&hellip;]
- [Interest & Cash Deposit - York Antwerp Rules](https://nau.com.sg/interest-cash-deposit-york-antwerp-rules/): One of the changes in the York Antwerp Rules 2016 vis-à-vis the earlier Rules is the provision of interests to be on the basis of a 12 month LIBOR rate for the currency in which the adjustment is prepared + 4%. This article will consider the interest and the provision of cash deposits in the [&hellip;]
- [The Hanjin Debacle - 1](https://nau.com.sg/the-hanjin-debacle-1/): Hanjin’s bankruptcy has been in the limelight for quite some time. The management of Hanjin is making arrangements to discharge the cargo on board the vessels at the nearest port so as to terminate the voyage. However, some Hanjin vessels are still under arrest and we are yet to see how the issues of various [&hellip;]
- [The Hanjin Debacle - 2](https://nau.com.sg/the-hanjin-debacle-2/): This is a continuation of our earlier article “The Hanjin Debacle -1”. By way of an update, we understand that barring a few Hanjin vessels under arrest, containers have been discharged by Hanjin at various ports and they have asked cargo interests to take delivery. This concluding part will consider the interests of the Contractual [&hellip;]
- [Risk Management - Cargo Surveying](https://nau.com.sg/risk-management-cargo-surveying/): Presentation given at IIMS Dubai on 19 Sep 2016
- [Arbitration for Liner Shipping](https://nau.com.sg/arbitration-for-liner-shipping/): Presentation was given in Seminar on &#8220;Interfacing Shipping &amp; Services&#8221; organised by Institute of Chartered Shipbrokers &#8211; East India Branch at Kochi on 27 Aug 2016 Download Now
- [Arbitration for Liner Contracts - 2](https://nau.com.sg/arbitration-for-liner-contracts-2/): This is a continuation of our earlier article (Arbitration for Liner Contracts) which argued that Arbitration is indeed suitable for Liner Contracts. In this article, we look at the possible issues which may arise with respect to enforcement of arbitration clauses in Liner Contracts. Arbitration agreement in writing: The New York Convention(http://www.newyorkconvention.org/english)): As mentioned earlier [&hellip;]
- [Road Haulage Risks](https://nau.com.sg/road-haulage-risks/): Service Providers (Contractual Carriers and Freight Forwarders) may provide haulage services (Road/Rail or Water) in addition to the Ocean carriage. This article focuses on Road haulage provided by the Contractual Carriers (“CC”) and / or Freight Forwarder (“FF”) to facilitate the transportation of goods from the hinterland to the port. This article focusses on the [&hellip;]
- [Arbitration for Liner Contracts](https://nau.com.sg/arbitration-for-liner-contracts-3/): Presentation given at ICS Middle East Branch on 18 Sep 2016 Download Now &nbsp;
- [Mediation for Commercial Shipping Disputes](https://nau.com.sg/mediation-for-commercial-shipping-disputes/): While businesses work certainly better without disputes, differences do arise leading to disputes. The various alternatives available to resolve disputes are Negotiation, Mediation (which is the purpose of this topic), Expert Determination, Arbitration and Litigation. There appears to be increasing attention on Mediation in commercial shipping disputes and this article will touch upon the reasons [&hellip;]
- [Bills for Ladings for Dummies](https://nau.com.sg/bills-for-ladings-for-dummies/): Presentation given to the Singapore Branch of Institute of Chartered Shipbrokers on 23 June 2016 Download Now &nbsp;
- [Arbitration for Liner Contracts](https://nau.com.sg/arbitration-for-liner-contracts/): Arbitration is invariably the default dispute resolution method for disputes arising under a Charterparty. However, for Liner contracts, we rarely see use of Arbitration and this may be due to the perceived imbalance between the parties and / or due to the dispute resolution clause not being individually negotiated. This article will argue that it [&hellip;]
- [Variation of BIMCO Arbitration Clause & its effect](https://nau.com.sg/variation-of-bimco-arbitration-clause-its-effect/): In a recent case (Shangang South – Asia (Hong Kong) Trading Co Ltd v Daewoo Logistics [2015] EWHC 194 (comm)) which dealt with the variation of the arbitration clause in Gencon C/P 1994, the English High Court held that the variation provided in the fixture note (clause 23) was inconsistent with the arbitration clause (clause [&hellip;]
- [Frustration and Force Majeure in Liner Contracts](https://nau.com.sg/frustration-and-force-majeure-in-liner-contracts/): This article focuses on frustration and force majeure provisions which may be available in shipping contracts such as slot charter parties. While frustration and force majeure appear to be similar in nature, the effect is different and the purpose of this article is touch on these aspects with respect to Container Liner Shipping. All contracts [&hellip;]
- [Arbitrate Successfully](https://nau.com.sg/arbitrate-successfully/): Presentation made at the 2nd Annual Conference on Legal Issues relating to Shipping and Ports, 11 March 2016 Download Now
- [Electronic Bills of Lading (eB/L) – Part 2](https://nau.com.sg/electronic-bills-of-lading-ebl-part-2/): We had earlier published an article on eB/L&#8217;s in Sep 2014 and this is a continuation of the earlier article. This article will focus on the differences between paper and electronic Bills of Lading with particular reference to the Bolero platform. We were recently advised by one of our readers that in our earlier article [&hellip;]
- [Indonesian Language Law and its effect in Shipping Contracts](https://nau.com.sg/indonesian-language-law-and-its-effect-in-shipping-contracts/): In August 2015, the Indonesian Supreme Court upheld the ruling of the West Jakarta High Court in PT Bangun Karya Pratama Lestari v Nine AM Ltd (“Nine AM Case”), which nullified and voided a loan agreement between the parties. This was on the basis that the contract did not have an Indonesian version of the [&hellip;]
- [Unintended Consequences of the Indian MTGA 1993](https://nau.com.sg/unintended-consequences-of-the-indian-mtga-1993/): This paper was presented at the All India Annual Conference on Risk &amp; Marine Insurance on 19 Dec 2015 conducted at Tolani Maritime Institute, Pune Abstract: This paper discusses the scope of the Multimodal Transportation of Goods Act 1993 (“MTGA”) and the implications on the following: primacy of the Indian Carriage of Goods by Sea [&hellip;]
- [Should Customer’s / Shipment Information be provided to 3rd parties?](https://nau.com.sg/should-customers-shipment-information-be-provided-to-3rd-parties/): Some of our clients were recently approached by independent 3rd parties (who assist their clients to conduct due diligence / company search etc.) seeking details of some their customers together with details of some specific shipments effected. This article considers as to whether this information should be provided by a Carrier (Shipping Line and / [&hellip;]
- [Arbitration for Small Claims](https://nau.com.sg/arbitration-for-small-claims/): When parties are involved in negotiating shipping contracts such as charterparties, they often do not pay enough attention on dispute resolution including arbitration clauses. This is obviously understandable given that parties intend to work together for mutual benefit. However, disputes do occur and therefore it would be best to consider a proper dispute resolution clause [&hellip;]
- [GA & Salvage – Value of Containers – Part II](https://nau.com.sg/ga-salvage-value-of-containers-part-ii/): While writing the first part of this article in April 2015, we were under the impression that this aspect was not dealt with earlier. However, we have since come across an opinion by the Advisory Committee of the Association of Average Adjusters UK and therefore we felt it appropriate to broadcast the same so that [&hellip;]
- [NVO’s Liability and Equipment cover - issues which may arise due to separate covers](https://nau.com.sg/nvos-liability-and-equipment-cover-issues-which-may-arise-due-to-separate-covers/): Non Vessel Operating Common Carriers (“NVO”) may use their own equipment / containers for the carriage of the goods. This article discusses issues which may arise due to the liability and equipment risks being covered under separate policies. NVO’s are not only a common feature in the short sea trades but also frequently seen in [&hellip;]
- [GA and Salvage Clause - What is its role in a Transport Liability Policy?](https://nau.com.sg/ga-and-salvage-clause-what-is-its-role-in-a-transport-liability-policy-2/): A Transport Liability Policy covers the legal and contractual liability of the Insured involved in transportation of cargo. As the cargo is not owned by the Insured, it is often thought that the GA and Salvage Clause is of no relevance.This article considers the application of a GA &amp; Salvage Clause in a Transport Liability [&hellip;]
- [Arbitration - Malaysian Logistics Service Providers](https://nau.com.sg/arbitration-for-malaysian-logistics-service-providers/): A look at whether Malaysian logistics service providers should turn to arbitration under AIAC Rules — rather than court litigation — for resolving disputes under STCs and Bills of Lading.
- [Liner Bill of Lading Clauses – need for improvement?](https://nau.com.sg/bill-of-lading-clauses-need-for-improvement/): Bill of Lading Clauses – Need for Improvement? Recently, Mr Jagmeet Makkar1 delivered a presentation on the Pitfalls of a poorly drafted dispute resolution clause. His talk also touched on common problems and pathological clauses. His discussion prompted us to consider whether similar drafting issues exist in common Liner Bills of Lading (“B/L”) and whether there are any pathological clauses. While our review suggests that Liner B/L’s are generally fit for purpose, developments in legislation, case law and commercial practice indicate that several commonly used clauses benefit from reconsideration. What is a Pathological Clause? A pathological clause is a clause in [&hellip;]
- [In Specie](https://nau.com.sg/in-specie/): When cargo is destroyed or irretrievably loses its commercial identity, is it still the same cargo? And if not, can cargo interests refuse to take delivery — and with it, the substantial costs of disposal? This article examines the legal basis for refusing delivery of cargo that is no longer in specie, the circumstances under which that refusal may be justified, and the practical risks cargo interests face when making that tactical decision.
- [Container GA’s – Reasonableness](https://nau.com.sg/container-general-average-rule-g-reasonableness/): This article examines whether Rule Paramount's requirement of reasonableness overrides Non-Separation Agreement allowances under Rule G in Container General Average. NAU argues that where the commercial adventure for specific cargo has effectively ended, prolonged detention costs cannot be mechanistically recovered — and that a principled standard for container GA adjustments is overdue.
- [China’s New Maritime Code](https://nau.com.sg/__trashed-2/): China’s new maritime code (“NMC”), effective 01 May 2026, appears to make many changes and with the salient ones as stated below (full details can be viewed at the circular issued by Oasis P&amp;I). Performing Carriers have the same rights as the contractual carrier. Requirement of Shipper to be promptly notified if goods remain undelivered and as they (Shipper) remain responsible for these costs. Application of PRC law as the mandatory law when shipment is to or from a port in China. We have not reviewed the complete provisions of NMC in English (if one is available with any of our [&hellip;]
- [Notice of Readiness – 2 (The Sebat and the Return to Orthodoxy)](https://nau.com.sg/notice-of-readiness-2-the-sebat-and-the-return-to-orthodoxy/): The recent English Commercial Court decision in The Sebat (Trans Trade RK SA v Sebat Shipping and Trading Company) confirms a return to the orthodox position that a valid Notice of Readiness (&#8220;NOR&#8221;) is a prerequisite for the commencement of laytime. Where an NOR is invalid, laytime will only commence if the charterers have waived the defect. Importantly, for there to be a waiver, the charterers must have knowledge of the facts giving rise to the invalidity of the NOR. In The Sebat, the charterers were unaware that the NOR was invalid at the time it was tendered and therefore could [&hellip;]
- [Bill of Lading: Liabilities, Risks and Disputes during Global Conflicts](https://nau.com.sg/bill-of-lading-liabilities-risks-and-disputes-during-global-conflicts/): Webinar conducted on 21st May 2026 for Association of Multimodal Transport Operators of India (&#8220;AMTOI&#8221;) on 21st May 2026 &#8211; the slides can be viewed here.
- [General Average – Security](https://nau.com.sg/general-average-security/): We had earlier written on the provision of securityi by the various interested parties (which would include the cargo interests) following the declaration of a General Average (“GA”) and will not repeat what has been published earlier. This article will focus on the law and jurisdiction clause provided in the security wordings sought by the Average Adjusters on behalf of Owners. With respect to the GA declared for The Ever Lenient, the Average Adjusters sought security by way of way of an Average Bond from cargo interests and an Average Guarantee from the cargo insurers which provided for English Law and Jurisdiction. [&hellip;]
- [Bills of Lading - Electronic and Switch](https://nau.com.sg/bills-of-lading-electronic-and-switch/): During the recently concluded ICMA XXIII, many papers were presented by the participants including the two papers below (we thank both Ms. Kimarie Cheng of WFW &amp; Mr. Charles Debattista of 36 Stone for giving permission to publish the same in our website): From Paper to Platform: Attornment and Electronic Bills of Ladingi: While we are all for the increased use of EBL’s, overwhelming majority of BL’s issued are Paper BL’s (“PBL”) and with EBL’s still in single digits. This being the case, there still appears to be resistance to the usage of EBL’s and perhaps, this can be explained that [&hellip;]
- [IS DEMURRAGE THE COMPLETE REMEDY?](https://nau.com.sg/is-demurrage-the-complete-remedy/): This paper was presented by Mr Donald Chard FICS, FCIArb at ICMA XXII Singapore, a Chartered Shipbroker and Fellow of the Chartered Institute of Arbitrators. He spent more than thirty-eight years with the UK Chamber of Shipping where he was Head of Legal and Documentary and was subsequently a Consultant with BIMCO’s Contracts and Clauses Department, He is an Aspiring Full Member of the London Maritime Arbitrators Association (LMAA) and on the Singapore Chamber of Maritime Arbitration (SCMA) Panel of Arbitrators; has been practising as a Maritime Arbitrator since 2012. &nbsp; Introduction The shipping market has always understood “demurrage” to be liquidated [&hellip;]
- [To switch and how to switch – Switch Bills of Lading, carriers, traders and banks](https://nau.com.sg/to-switch-and-how-to-switch-switch-bills-of-lading-carriers-traders-and-banks/): This paper was presented by Mr Charles Debattista at ICMA XXII Singapore. He is a Barrister and Arbitrator practising from 36 Stone in London in the areas of shipping, international trade and arbitration and  spends about 65% of his time as a barrister and 35% sitting as an arbitrator under various institutional rules and ad hoc. We thank him for allowing us to post his paper for the wider dissemination as this topic would be of interest to our readers.              I. Introduction It is not uncommon for Bills of Lading originally issued on the shipment [&hellip;]
- [From Paper to Platform: Attornment and Electronic Bills of Lading](https://nau.com.sg/from-paper-to-platform-attornment-and-electronic-bills-of-lading/): This paper was presented by Ms. Kimarie Cheang of Watson Farley &amp; Williams LLP, Singapore at the ICMA XXIII  at Singapore. We thank her for allowing us to post in our site for the wider dissemination as this topic would be of interest to our readers. A copy of her presentation can be downloaded from this link. Over the years, international and national legal reforms have sought to confer the same legal effect on electronic bills of lading as paper bills. While adoption of electronic bills of lading is accelerating among carriers and traders, banks remain cautious, chiefly due to concerns [&hellip;]
- [The Revolving Seat](https://nau.com.sg/the-revolving-seat/): We are grateful for opportunity to present this paper at the recently concluded ICMA XXIII wonderfully hosted by SCMA at Singapore.  In international commercial contracts, parties may sometimes look at derailing the dispute resolution clause(“DRC”), such as the exclusive jurisdiction of a court, given that parties may have advantages in litigating in their preferred jurisdiction. In our last paper, “Arbitration for Liner Bills of Lading”, presented at ICMA XXII, we argued that Arbitration was the best ﬁt for dealing with Liner Disputes. This paper is a continuation of our earlier paper with its stated aim of ensuring that the arbitration clause [&hellip;]
- [Voyage disruptions in Maritime Trade: Insurance, Legal & Commercial Perspectives](https://nau.com.sg/voyage-disruptions-in-maritime-trade-insurance-legal-commercial-perspectives/): Presentation given during a webinar conducted on 18th March 2026by the Madras Chamber of Commerce &amp; Industry and which can be viewed by clicking this hyperlink. &nbsp; &nbsp; &nbsp;
- [NVO 3rd Party Liability Cover](https://nau.com.sg/nvo-3rd-party-liability-cover/): We recently came across a trade advisory from a leading container feeder/vessel operator (VO) requiring NVOCCs (NVOs) to provide proof of at least USD 5 million in third-party liability coverage - or face rejection of their SOC bookings.
- [Ballast General Average](https://nau.com.sg/ballast-general-average/): We had the opportunity earlier to listen to the talk of Ms Nanami Hara, Fellow of the Association of Average Adjusters (“AAA”), and who spoke on “Ballast General Average – No Cargo? No Problem!”. For those interested in learning more about General Average (“GA”), this is must view video given that claims for Ballast GA&#8217;s are generally rare. The talk focussed on three types of Ballast GA Claims When the vessel is on Ballast and on a Voyage Charter (“VC”) (see AAA ROP B 26 (2)i). When the vessel is on Ballast and on a Time Charter (“TC”) (see AAA ROP [&hellip;]
- [Arbitration – Consumer Contracts](https://nau.com.sg/arbitration-consumer-contracts/): When we recently reviewed a Singapore travel insurance policy, we noted that it provided for SIAC arbitrationi as the Dispute Resolution process. While we generally support arbitration as an efficient means of resolving disputes, we were somewhat surprised by this choice, given that the parties purchasing this cover would typically be consumers – individuals, who in most jurisdictions, benefit from additional statutory protections. Although it is relatively uncommon, shipping services can also be provided to consumers, and therefore the purpose of this article is to examine the circumstances in which an arbitration clause in a consumer contract would be considered valid. [&hellip;]
- [Maritime Arbitration – Time consuming and expensive?](https://nau.com.sg/maritime-arbitration-time-consuming-and-expensive/): During our recent visit to Chennai, we had the opportunity to interact with the trade during two events, one conducted at the Southern India Chamber of Commerce and Industry (commonly known as SICCI) and the Madras Branch of the Institute of Chartered Shipbrokers. One of the comments made during our interaction was that Maritime Arbitration was expensive and time consuming. The intention of this article is to try and argue that Arbitration should be the default dispute resolution process at least for International Contracts (including maritime) and that contrary to belief, it is neither expensive nor time consuming if the arbitration [&hellip;]
- [Risk Management - International Shipping](https://nau.com.sg/risk-management-international-shipping/): Talk given at the Southern India Chamber of Commerce and Industry on 18th Dec 2025 Risks_JaganV2 &nbsp;
- [Sea of Change - Marine Insurance & Dispute Resolution](https://nau.com.sg/sea-of-change-marine-insurance-dispute-resolution/): Talk given at Institute of Chartered Shipbrokers Chennai Branch on 18 Dec 2025 Sea of Change.181225
- [90% Salvage Security](https://nau.com.sg/90-salvage-security/): Following a casualty in which salvage services were engaged, Salvors would seek adequate security prior to releasing the property involved in the adventure. We had earlier written on a similar topic, Salvage &amp; General Average – Excessive Security, and are revisiting the subject of given that we had some enquires recently. In a recent casualty, the Average Adjusters sought Salvage security of 90% of salved value either by way of ISU 1 Guarantees provided by Insurers who meet the Salvors credit ratings, a Lloyd’s Guarantee by a Guarantor residing in UK on the basis of the standard guarantee form issued by [&hellip;]
- [The Cherry Express](https://nau.com.sg/the-cherry-express/): The Cherry Express was in the news in the early party of this year (2025). This loss is related to damage to cargoes of Chilean Fruit (perishable cargo in reefers) loaded in Maersk Saltoroi and which became adrift for 23 days due to a breakdown of her main engine enroute to her next port of call at China. Because of the delay, the Cherries became spoilt and were rejected and destroyedii. This service is known as The Cherry Express is due to the quick carriage of Cherries and other fresh produce during the season in refrigerated containers (which usually take 20 to [&hellip;]
- [The Counterfactual Defence](https://nau.com.sg/the-counterfactual-defence/): The term “counterfactual” came into prominence after the English judgement on Unicredit Bank A.G. v Euronav N.V. (“The Sienna”). This word was used once in the High Court Judgement (Para 17) and six times in the Court of Appeal judgement. Given that this is an uncommon word and which now has sprung to be commonly used as a defence to mis-delivery, it is important to understand what is counterfactual? Our search in ChatGPT on counterfactual in English Law reveals that “it refers to a hypothetical scenario used to assess the causation of a particular outcome. Specifically, it involves considering what would [&hellip;]
- [Uninsured Losses - Transport Liability Policy](https://nau.com.sg/uninsured-losses-transport-liability-policy/): Often claims do arise in which there are multiple interests, some of which insured by single or multiple insurersi and some uninsuredii. Mature marine insurance covers have the benefit of experience and have developed various adjusting principles to apportion the costs incurred including for recovery. However, new marine policies may not have any specific provision for such apportionment. Accordingly, the purpose of this article is to consider the prevailing market practice for the apportionment of costs in a Hull Policy and whether they can be also considered for other Transport Liability policies. Hull policy: Anecdotal evidence suggests that the most preferred [&hellip;]
- [Contract of/for Carriage](https://nau.com.sg/contract-of-for-carriage/): For the early part of my career, I was unable to distinguish the difference between “of” and “for”, particularly, when it was used either for Contract of or for Carriage. This may be understandable given that English is not my mother tongue/native language. The purpose of this article is to highlight the subtle difference between “of” and “for” in the context mentioned above. A search in ChatGPT on the difference between “of” and “for” reveals that both these words are prepositionsi but are used in different contexts. “Of“ indicates possession, belonging or connection “For“ indicates purpose or intended use. Sometimes, the [&hellip;]
- [Alternate Dispute Resolution](https://nau.com.sg/alternate-dispute-resolution/): Webinar conducted by AMTOI on 11 April 2025 &nbsp; &nbsp;
- [Cargo Insurance: Choice or necessity?](https://nau.com.sg/cargo-insurance-choice-or-necessity/): This article is written for AMICIE (Association of Maritime International Commercial Interests &amp; Expertise) which the author is a member of. AMICIE is conducting a seminar at Mumbai on Crew Welfare on 27th September 2025 at Mumbai, India and we wish every success to them. Insurance is basically spreading risks. If a party can bear the exposure by themselves without straining their resources, then parties may wish to bear the risks by themselves instead of incurring costs for insurance (premium) to be paid to Insurers. However, in addition to paying of valid claims, Insurers provide other services such as provision of [&hellip;]
- [Model Arbitration Clauses](https://nau.com.sg/model-arbitration-clauses/): Arbitration is the preferred dispute resolution method for most shipping contracts such as Charterparties (“C/P”) and with clauses allowing choice to parties to choose both the seat of the arbitration and the rules such as LMAA/SCMA/HKMAG… to govern the procedure. The use of LMAA, SCMA, HKMAG and SMANY rules have become synonymous to the seat where they are based. However, the converse is not true.  We recently came across a fixture note which incorporated an arbitration clause which provided for both the Law of the contract and the Seat &#8211; “Arbitration if any to be applied at Singapore under English law”. [&hellip;]
- [Association of Multimodal Transport Operators of India (AMTOI)](https://nau.com.sg/association-of-multimodal-transport-operators-of-india-amtoi/): AMTOI celebrated its biennial annual day on 06th Aug 2025 at Mumbai, India, and which we were fortunate to attend. We wish AMTOI every success in catalyzing multimodalism and which is what their moto is. Our attendance at the AMTOI event gave us an opportunity to meet friends in the industry (both AMTOI members and service providers). We had the opportunity to view an earlier webinar conducted by AMTOI and which does provide useful nuggets to all in the Indian Freight Forwarding/Multimodal Industry. The participants are all well-known industry experts (Arun Kumar, Victoria Simpson, Priya Anil Thomas, Anand Sheth, Ashwin Shankar [&hellip;]
- [GA & Salvage – Value of Containers - II](https://nau.com.sg/ga-salvage-value-of-containers-ii/): Recently one of the Average Adjusters collecting security for a GA advised that they wished to collect security for containers based on the values proposed by a large UK Insurer. Given that the valuation of our clients differed, our clients did not agree and instead maintained the valuation provided. We have had an opportunity to consider this afresh and are setting our thoughts below. We have written earlier on this topic (GA &amp; Salvage – Value of Containers &amp; General Average – Container Vessels) and except to probably emphasize, will not repeat what has been written earlier. Given that the value [&hellip;]
- [Arbitration – requirement for dispute!](https://nau.com.sg/arbitration-requirement-for-dispute/): We recently attended the SCMA Jakarta Conference 2025 held on 16th July 2025. As usual, SCMA conducted a very nice conference with speakers speaking on various developments. It was nice to come across one of the slides of Sue Ann Gan of Norton Rose Fulbright who spoke on Trends in Ship Finance, and which listed 19 reasons due to which there is interest in financial arbitration growing. We submit that these reasons are common for other shipping and maritime disputes. Two of the reasons listed in the slide were Difficulty of Enforcing Court Judgements and Ease of Enforcing Award under the [&hellip;]
- [The Merchant Clause](https://nau.com.sg/the-merchant-clause/): Bills of Lading (“Bs/L”) issued by Container Carriers/NVOCC’s invariably contain a definition clausei in which a Merchant is defined as “including the Shipper, Holder, Consignee, Receiver of the Goods, any person owning or entitled to the possession or of the Bs/L and anyone action on behalf such Person”. The intention of this clause is to hold 3rd parties such as Freight Forwarders (&#8220;FF&#8221;) who may be involved in assisting the Shipper and/or Consignee, also liable for the acts of the Shipper and/or Consignee. The reason why Carriers wish to pursue the FF is understandable is that they may be a better [&hellip;]
- [Freight Forwarders – Co-operation](https://nau.com.sg/freight-forwarders-co-operation/): We recently came across the latest legal updates of Kennedy’s in which they reported on an Australian case, Manassen Foods v Seaway Logistics : A salad dressing debacle decided as a matter of ‘undisclosed principal’i, which went right up to the Supreme Court of Victoria in Australia. The case review provided by Kennedy’s is an illuminating read, and we would recommend all who are involved in engaging third party agents / forwarders to read this so that they are aware of what can go wrong. We have not sighted the Bills of Lading issued for the subject shipment and whether the [&hellip;]
- [House Bills of Lading](https://nau.com.sg/house-bills-of-lading/): The Institute of Chartered Shipbrokers is a membership organisation involved in maintaining professional standards in the commercial shipping industry. In this regard, it conducts examinations in various subjects including Legal Principles of Shipping Business (&#8220;LPS&#8221;) (which is one of the compulsory subjects for membership by examination). The Nov 2024 LPS question paper had a question on House Bills of Lading (&#8220;HBL&#8221;) and for which the examiner  commented post exam that “Freight Forwarders /NVOCC issues their own bill of lading to shippers under its own set of rules”. Given that we have always propounded that a HBL simply means a BL with [&hellip;]
- [Liner Container Contracts - Contractual Issues](https://nau.com.sg/liner-container-contracts-contractual-issues/): Our below article focusses on both the formation of a contract and the limitation of liability available for Delay related claims with respect to Container Shipments. When is a contract formed? It is uncontroversial that for chartering contracts under English Law, the contract is formedi when parties (Owners &amp; Charterers) agree on all aspects of the contract with no subjectsii remaining to be lifted. In Liner contracts, parties are at unequal bargaining power and the terms of the contract are invariably based on a boilerplateiii Bill of Lading (“BL”) wordings issued by the Carrier. The BL is only issued after the [&hellip;]
- [Release of Cargo without Original Bills of Lading](https://nau.com.sg/release-of-cargo-without-original-bills-of-lading/): We recently had an opportunity to speak in a webinar conducted on 11th April 2025 by AMTOI. One of the questions raised during the session was on the reluctance of NVOCC’s to release cargo against a Bank Guarantee (“BG”) and who still insisted for the surrender of the Original Bill of Lading (“Bs/L”). While we did answer the question during the webinar, we wanted to relook at the issue again and hence this article. Our earlier articles on Bs/L and Letters of Indemnityi also dealt on this issue and which can be viewed by clicking the hyperlink listed in the endnote [&hellip;]
- [Who is a Shipbroker?](https://nau.com.sg/who-is-a-shipbroker/): The Singapore Branch of the Institute of Chartered Shipbrokersi  recently conducted a conference on Shipbroking: Navigating the future – Trends, Opportunities and Risks and which was widely attended from the shipping fraternity. Firstly, Kudos to the Office bearers of the Singapore branch for conducting this conference and where participants were able to benefit out of the free and frank exchanges from the panelists. Also, thanks for the support to the Maritime and Port Authority of Singapore which continues to promote talent across Singapore by assisting in every way possible and which includes supporting the Singapore branch of the ICS. The talks [&hellip;]
- [Carrier Liability - Containers](https://nau.com.sg/carrier-liability-containers/): The NUS Centre for Maritime Law (“CML”) recently published a paper on “The Impact of Containerization on Carrier Liability” authored by Mustafa Yilmaz, a research associate with CML. This paper is a must read for claims practitioners involved in containerized cargo given that it discusses the tensions created by use of the outdated legal rules to deal with cargo claims. The paper touches on Container – related cargo loss or damage and broadly categorizes these into two groups – those associated with the physical soundness of the container and those concerning container handling and integrity. The challenge remains to determine whether [&hellip;]
- [Mis-declared cargo - 2](https://nau.com.sg/mis-declared-cargo-2/): We have recently seen some instances of mis-declared cargo by Shippers and due to which container operators (&#8220;Carriers&#8221;) had to deal with the disposal and the port storage costs at the destination (the consignee did not come forth to take delivery as they suspected that the customs became aware of the mis-declaration). The reasons for mis-declaration could be many including avoiding payment of customs duties at load or discharge port or to ship the goods as general cargo instead of dangerous cargoes (and thereby avoid Dangerous Goods Surcharge)i. The unfortunate fact is that the Carriers rarely verify the goods loaded and [&hellip;]
- [Limitation of Liability – NVO’s](https://nau.com.sg/limitation-of-liability-nvos/): The English High Courti recently held that NVOCC’s (“NVO’s) acting as slot charterersii were also entitled to limit liability based on the Convention on Limitation of Liability for Maritime Claims 1976 as amended by the 1996 Protocol (as amended in 2012) (the ‘Convention’) so that they (slot charterers) bore similar liability as the Owners as provided in the Convention. The judgementiii refers to NVO’siv who do not act as lot charterers may be also entitled to limit liability subject to review of the precise terms with the Owners (can be a Connecting Carrier Agreementv or any other similar agreement). One of [&hellip;]
- [Difference in Risks – NVO’s](https://nau.com.sg/difference-in-risks-nvos/): A Non Vessel Operating Common Carrier (“NVO”) would generally book with an overlying carrier on similar termsi such that should they face any exposure for damage to the cargo from the downward contractual parties/cargo interests, they could look for an indemnity from the overlying contractual parties. It appears to us that the initial development of NVO’s was more to ensure that the commercially sensitive information was withheld from the overlying contractual parties/carriers such that in periods of reduced demand the threat of loss of business is limited i.e. the the overlying contractual parties/carriers will not have easy access to canvass support directly [&hellip;]
- [Electronic Bills of Lading – 4](https://nau.com.sg/electronic-bills-of-lading-4/): We recently had the privilege to attend two insightful webinars, “The Future of Electronic Bills of Lading” and “Reimagining Bills of Lading for the 21st Century”. These sessions delved into the growing relevance of Electronic Bills of Lading (E B/Ls). Additionally, we were able to read Akash Dubey’s compelling dissertation, “Clearing the Path for Digital Shipping: Electronic Trade Documents Act, 2023”, which explores the impact of the new English Act and its application to E B/Ls. Current Landscape: While it is widely acknowledged that adopting E B/Ls can significantly expedite shipping processes, reducing both time and cost, the reality remains that most [&hellip;]
- [Salvage & General Average – Excessive Security](https://nau.com.sg/salvage-general-average-excessive-security/): Recently, we came across a container casualty in which the security demanded was for 80% of the value of the property (50% Salvage and 30% GA)i. While the request for security may indeed be valid, our thoughts are that seeking such high amounts may be counterproductive given that some cargo and container interests may simply abandon their property due to the high security sought! High/excessive security: For the purpose of this article, we would suggest that any security for more than 75% of its landed value may be considered as excessive security. The reason why we peg the figure to 75% [&hellip;]
- [General Average – Differing codes](https://nau.com.sg/general-average-differing-codes/): General Averagei (“GA”) is a long-established principle of Maritime Law and is available as of right and which means that even if it is not provided in the contract (contract of affreightments / Bills of Lading (“Bs/L”)), parties in a maritime adventure can seek contributions from parties who have benefited out of a sacrifice or expenditure incurred for the benefit of all. To avoid differences in practices, contracts invariably provide for the York Antwerp Rulesii (“YAR”) to be the basis for GA adjustments. The first edition of the YAR was of 1890 and since then there have been subsequent editions to [&hellip;]
- [Why arbitration for container liner disputes may not be the best fit?](https://nau.com.sg/why-arbitration-for-container-liner-disputes-may-not-be-the-best-fit/): This article is a joint article in the form of a debate with Ashwin Shankeri (“Ashwin”) who argues that Arbitration may not be the best fit for container liner disputes and with Jagan arguing that at the present moment, arbitration appears to be the best way to deal with such disputes. By way of background, Jagan had written an earlier article, Bills of Lading – Arbitration Clause, and to which Ashwin commented on various issues. Jagan subsequently reached out to Ashwin to see whether we both can present a joint article to debate on the various issues arising from an arbitration [&hellip;]
- [Freight Forwarder – are they the correct punching bag?](https://nau.com.sg/freight-forwarder-are-they-the-correct-punching-bag/): Time and again, we come across Carriers or Cargo interests pursuing a Freight Forwarder (“FF”) for container detention and storage charges accrued due to the Shipper / Consignee: unable to load at load port within the time allowed not being returned to the empty stack within the free period allowed at the discharge port / destination (both delivered and undelivered cargo). This is understandable given that the FF may be the closest party available and/or may be a better target than the shipper or consignee (especially when the shipper or consignee are facing financial difficulties while the FF remains a going [&hellip;]
- [Bills of Lading - Arbitration Clause](https://nau.com.sg/bills-of-lading-arbitration-clause/): We have been advocating arbitrationi as the preferred dispute resolution process for Liner/NVO Bills of Lading (“Bs/L”) for the past few years as we remain convinced that this form of dispute resolution is both cost effective and efficient to deal with these disputes which are mostly low value in nature. We are delighted to note that Pacific International Lines recently amended its Bs/L wordings to provide for arbitrationii in their dispute resolution clause. We are hopeful that other Containers Carriers/NVO’s similarly consider arbitration as the default dispute resolution procedure instead of the prevailing process which is litigation.   With respect to [&hellip;]
- [Shipped on Board Date – II](https://nau.com.sg/shipped-on-board-date-ii/): We had earlier penned an article on Shipped on Board Date. Given that we recently encountered further queries on this topic and have had the opportunity to view the latest article of The Shipping and Freight Resource on Should the Shipped on Board date and the Bill of Lading date be the same?, we are penning our further thoughts on this subject. Sale contracts used for international trade frequently provide for shipment to be effected by a particular date. Whether the shipment has been effected by the particular date would be ascertained by reviewing the SOB date i.e., the date when [&hellip;]
- [Back to Back Contracts](https://nau.com.sg/back-to-back-contracts/): International Shipping has become increasingly specialized, and which has led to many parties including Owners of vessel being involved in the trading for freight. The other parties include Charterers, Operators, NVOCC’s, etc. In the Bulk trades, the Bills of Lading (“Bs/L””) issued are primarily the Owners Billsi such that cargo interests have a direct contractual right to pursue Owners for recovery for any damage to cargo whilst under the care and custody of the Owners. This is however not the case for container shipping as the contractual documents invariably issued to the cargo interests are by operators or NVOCC’s and who [&hellip;]
- [Agent or Principal](https://nau.com.sg/agent-or-principal/): Many a times parties believe that they are acting in one specific role i.e. as Agenti but when the facts or contractual documents are reviewed, sometimes they find that they are also a party to the contract. A party can act in various roles including in a dual capacity – as Principal for some roles and as Agent for other roles. What is the exact role can be gleaned from the surrounding circumstances, the local law, the contract and the custom of the trade at the place where the contract is being performed. The purpose of this article is to highlight [&hellip;]
- [Container Carriers - Issues](https://nau.com.sg/container-carriers-issues/): This article will touch on some of the issues faced by a Container Carrier (&#8220;CC&#8221;). Mis-declaration of cargo: We have, in the recent past, seen mis-declarations made by cargo interests for shipments out of Singapore. The issue comes to the fore when the authorities at the destination become suspicious and hold the containers for inspection prior to delivery. If the inspection reveals cargo to be different than that declared, the containers along with cargo are impounded for further investigation and action. Invariably, the cargo interests are unavailable such that the CC is now left to deal with the investigation and the [&hellip;]
- [Lessons from Baltimore - Risks and Claims](https://nau.com.sg/lessons-from-baltimore-risks-and-claims/): We thank the Madras Chamber of Commerce for allowing us to present our views on the above topic. Our talk can be viewed at the below YouTube Link The earlier speakers (Dr Malini Shankar and Mr Amitava (Raja) Majumdar&#8217;s speech can also be viewed in the same YouTube link.  &nbsp;
- [Logistics Contracts – Arbitration](https://nau.com.sg/logistics-contracts-arbitration/): We recently participated in a talk on “Why is Arbitration important in Logistics” jointly conducted by Singapore Logistics Association and the Singapore Chamber of Maritime Arbitration held on 30th of April 2024i. It has been our firm belief that trades such as Shipping, Freight Forwarding and Logistics should ideally consider arbitration as the dispute resolution process instead of litigation and which we have written extensively onii. The main points in favor of Arbitration for the Logistics industry are: Procedure: Rules of various arbitral institution such as SCMA have various pathways depending on the quantum and complexity of the dispute at hand. [&hellip;]
- [Of Switch Bills of Lading](https://nau.com.sg/of-switch-bills-of-lading/): We had written earlier on this topic and our earlier articles can be seen at Bills of Lading – Issues &amp; Switch Bills of Lading – Revisited. Also, we would recommend a paper on Managing the risks of Switch Bills of Lading by Dr Miriam Goldby.  The Singapore High Court recently gave a judgement on a claim centered on a Switch Bill of Lading (The “Jeil Crystal ”[2024] SGHC74). The Claim was made under Contract, Tort and Bailment. The judgement is an illuminating read and would recommend all shipping practitioners to go through the same to understand the implications relating to [&hellip;]
- [The Star Antares – YAR 1994 or 2016?](https://nau.com.sg/the-star-antares-yar-1994-or-2016/): In the “Star Antares” (Star Axe I LLC v Royal and Sun Alliance Luxembourg S.A. – Belgian Branch and others)i, the English High Court ruled on which version of the York Antwerp Rules (1994 or 2016) applied to a Congen 94 Bill of Lading (&#8220;B/L&#8221;) to adjust General Average (“GA”). The Congen 94 B/L provides for GA to be adjusted as per the York Antwerp Rules 1994 (&#8220;YAR 1994&#8221;) or any subsequent modifications thereofii. Commentary on this judgement has been written by various law firms, some of which can be viewed at the links provided belowiii. It is not our intention [&hellip;]
- [Limitation of Liability – is it really limitation?](https://nau.com.sg/limitation-of-liability-is-it-really-limitation/): Limitation of Liability (“LOL”) clauses are essential to any carriage / service contracts so as to cap the exposure to breaches of the service provider. In the case of Bills of Lading contracts, invariably the Hague or Hague Visby Rules are incorporated on the basis of law or contract such that the Carrier, in addition to the exclusions provided in Art IV Rule 2 (a to q), is entitled to limit liability as provided in Art IV Rule 5 to either Pound 100 per package (for the Hague Rules) or SDR 666.67 per package or 2 SDR per kg (for the [&hellip;]
- [The Midnight Clause](https://nau.com.sg/the-midnight-clause/): The focus on any business negotiation is to try and reach an agreement at the earliest opportunity. This being the case, attention would be mainly on the provision of the product/service and the price to clinch the deal. Once parties have agreed to these, other issues related to the provision of the product/services would necessarily be considered and negotiated to close the transaction. Given that these other clauses are considered only after the “main” terms have been agreed, these clauses are known as the midnight clauses. Typical clauses which fall under the midnight clause category would be the Law and Jurisdiction [&hellip;]
- [Electronic Bills of Lading – 3](https://nau.com.sg/electronic-bills-of-lading-3/): We had earlier published on Electronic Bills of Ladingi(“eB/L”) and our intention in publishing this article is not to cover what has been stated earlier. We are happy to see that the number of service providers/platforms for eB/L&#8217;s continue to grow, and which does provide choice to users. This competition will spur continuous innovation to develop the best solution to deal with the transfer of Title. Some of the early providers eB/L’s have been approved by the International Group of P&amp;I Clubs (“IG”)ii. This is indeed a significant advantage to these eB/L providers given that there is some security to the [&hellip;]
- [Arbitration for Liner Bills of Lading](https://nau.com.sg/arbitration-for-liner-bills-of-lading/): We had the opportunity to present this paper at the recently concluded ICMA XXII at Dubai which was wonderfully hosted by DIAC. We are indeed grateful for this opportunity given that we had been propounding this in a series of articles published earlieri. We also received helpful comments from the participants including that for the Dispute Resolution Clause to be valid, it should be printed in the face of the Bill of Ladingii and that nothing much has changed from the earlier Cedric Barclay Lecture in 1999iii presented by the Late Justice Bradley Harley Giles. In order for this to become [&hellip;]
- [International Maritime Arbitration - Right to Appeal - 2](https://nau.com.sg/international-maritime-arbitration-right-to-appeal-2/): We attended SCMA’s seminar conducted on 31st Aug 2023 on “Unfolding Conversations : To Arbitrate or to Mediate?” in which some participants suggested for the inclusion of the right to appeal on a point of law for Singapore arbitrationsi and/or an appeal process in the arbitration rules. We also had the opportunity to view a panel discussion conducted by Quadrant Chambers and the LMAA on the occasion of the London International Shipping Week 2023 on The Future of Maritime Arbitration. We had the opportunity to hear Mr Paul Tanii, a well-known arbitration lawyer, speaking at the Singapore Institute of Arbitrators on [&hellip;]
- [Relooking at FIM Bank plc v KCH Shipping Co Ltd](https://nau.com.sg/relooking-at-fim-bank-plc-v-kch-shipping-co-ltd/): In the FIM Bank p.l.c v KCH Shipping Co. Ltdi, the English Court of Appeal upheld the decision of the first instance judge confirming that the time bar provision in Article III Rule 6 of the Hague Visby Rules (“HVR”) applied to mis delivery claims even after discharge of the cargo. This is because Art III R 6 wordings included for the word “whatsoever” and which results in the wider application of the time bar provisions. The case was with respect to a shipment of coal under a Charterparty shipped from Indonesia to India. This C/P incorporated the HVR to govern [&hellip;]
- [The Bigham Clause](https://nau.com.sg/the-bigham-clause/): Following a casualty, a vessel may need to be repaired to continue with the voyage. Invariably, some of the costs incurred during repairs of the vessel would fall for consideration under a General Average (“GA”), if declaredi. Owners may sometimes forward the cargo to final destination using other vessels (under Rule F York Antwerp Rules (“YAR”) – Substituted Expenses) to avoid delays to the cargo interests, which would ensue during the conduct of repairs, on the understanding that they (cargo interests) contribute to the allowances which owners are entitled under R.X &amp; R.XI as if the cargo had not been discharged [&hellip;]
- [All about Freight](https://nau.com.sg/all-about-freight/): Both Operators involved in voyage charters and Liner Operators provide services in return for payment of freight. Issues do commonly arise, particularly, when cargo interests refuse to pay freight or pay a reduced freight due to either damage to cargo or delays in the voyage. This article touches on the various issues related to freight from a practitioner’s perspective. While there are many definitions, we prefer to define it as the payment of a sum of money to the Carrier for the carriage of goods. To enforce a simple agreement, at least in common law countries, there must be consideration i.e., [&hellip;]
- [Bill of Lading – Effective Security?](https://nau.com.sg/bill-of-lading-effective-security/): We recently came across this article, Does the Bill of Lading truly afford securityi, and which highlights the issues related to mis-delivery of cargo. Since then, there have been other cases decided both at the UK and Singapore courts and which have dealt with the release of cargo without Bills of Lading, such as The “STI Orchard”ii, Maersk Tankersiii, Euronaviv and The Lunav&amp;vi. The majority of the mis-delivery claims reported are on Bulk cargoes where the issues, in our opinion are much simpler, given that delivery is generally effected on FO basisvii. In the case of container shipments, the issue is [&hellip;]
- [Electronic Trade Documents](https://nau.com.sg/electronic-trade-documents/): The English Parliament recently legislated the Electronic Trade Documents Act so as to allow for electronic documents including Electronic Bills of Lading to be legally recognised. Other countries, such as Singapore, had earlier legislated the Modern Law on Electronic Transferable Records, and therefore there was already a framework available in other jurisdictions to give legal effect i.e. the Bill of Lading could choose a governing law which recognised electronic trade documents.  Alternatively, it was possible for electronic documents to be issued basis a rule book so as to ensure that parties involved in the transaction agree to recognise the electronic documents [&hellip;]
- [Abandonment – Container Shipping](https://nau.com.sg/abandonment-container-shipping/): The basic rule is that a contract is meant to be performed. It does not matter that the contract has become more difficult or expensive to performi. A key exception to this basic rule is frustrationii. Accordingly, an Owner of a vessel would be entitled to terminate the adventure for the following reasons: Damage to the ship – where the costs of repairs exceed the value of ship when repaired plus the value of freight, if still at risk. Damage to cargo and which cannot be reconditioned on a commercial basis or without inordinate delay such that its onward carriage is [&hellip;]
- [THE SAFIR 1 V2302N GA](https://nau.com.sg/the-safir-1-v2302n-ga/): Background: THE SAFIR 1, a container vessel owned by Safeen Feeders 30 Ltd, whilst on charter loaded containers at Nhava Sheva and then sailed to Mundra for both discharge and loading of containers. On 22nd Feb 2023 after loading of some containers, a fire was noted on board and subsequently actions were taken to deal with the fire which included both firefighting operations and discharge of all the containers loaded (both of Nhava Sheva and Mundra) at DP World Mundra International Container Terminal. The Owners declared General Averagei (“GA”) and appointed Richards Hogg Lindley (‘RHL”) as the Average Adjusters and asked [&hellip;]
- [GA – Arbitration Clause](https://nau.com.sg/ga-arbitration-clause/): In our earlier article, The Ever-Given Mela – IIi, we mentioned that the appointed Average Adjusters collected GA Guaranteesii from insured cargo interests which incorporated a LMAA arbitration. With respect to the wordings of the GA Bond sought from the uninsured cargo interests (which should be together with a cash deposit), it appeared to us that it would be on a similar basis i.e., with a LMAA arbitration clause. Given that the use of an arbitration clause is not provided in standard GA Bonds and Guaranteesiii and that the arbitration clause, in our opinion, may be detrimental to containerized cargo interests, [&hellip;]
- [General Average – Freight Forwarders & Containers](https://nau.com.sg/general-average-freight-forwarders-containers/): Liability of a Freight Forwarder / NVOCC for a General Average: We had the opportunity to attend a webinar on “Simplifying General Average: An Insurer Guide” conducted on 11th May 2023 by the Middle East branchi of the Institute of Chartered Shipbrokers where Mr. Abdul Fahlii of TTMS shared his views. One of the points he discussed was on the liability of a Freight Forwarderiiii (“FF”) for a General Average (&#8220;GA&#8221;). He advised that as the FF are more often involved in arranging the shipment and do not have any assets on board the vessel, they should not be concerned or [&hellip;]
- [Insurable Interest - Marine Policies](https://nau.com.sg/insurable-interest-marine-policies/): The recent English Court of Appeali judgement has clarified the scope of cover in a cargo policy in that if the Insured could show some interest in the property insured, they would be entitled to recover even if they were not at risk at the time of the loss. The earlier position which we subscribed to, was to consider first whether the risk of loss was with the Insured,  and only then consider whether the Insured had an Insurable interest on the property insured. The position must now change given the latest English judgement, and which is beneficial to the cargo [&hellip;]
- [Bills of Lading & Letters of Indemnities](https://nau.com.sg/bills-of-lading-letters-of-indemnities/): Letters of Indemnity are commonly used in the Shipping Industry for discharge and delivery of cargo without Bills of Lading (“Bs/L”), change of discharge port and/or cargo details and for payment without shipping documents. Kennedys Singapore recently conducted a seminar on Letters of Indemnity (“LOI”) in Shipping and International Trade in which both Karnan Thirupathyi and Charlene Simii spoke on this evergreen topic. This topic was also discussed in one of the panel discussions at the recently concluded conference conducted by Singapore Chamber of Maritime Arbitrationiii. In our below article, we will focus solely on delivery of cargo without presentation of [&hellip;]
- [ABS 1/10/83 – Indemnity or Contingency Policy?](https://nau.com.sg/abs-1-10-83-indemnity-or-contingency-policy/): There is very little literature on this class of business (loss of hire), at least on the English forms, except for perhaps the Chairman of the Association of Average Adjuster’s Addresses in 2012i and the recent presentation of Mr. Rui Haoii in London on 04th April 2023. In contrast, the Norwegian Hull Club has a very well written handbook on Loss of Hire which is under the Nordic Plan, and which can be viewed at their website. The ABS LOH 1/10/83 expressly provides for the cover to be subject to English Law and practice. Accordingly, the Marine Insurance Act 1906 (“MIA [&hellip;]
- [Delays – Container Shipments](https://nau.com.sg/delays-container-shipments/): Container shipments may be delayed due to various reasons, and which could include vessel arriving at the load port much after the ETA. delays during transshipment due to delayed arrival of vessel, congestion, work stoppages, etc. cargo not loaded or shut out due to operational issues and / or providing priority to high freighted cargo. average incidents during the voyage. Whether the alleged delay is actually a delay is a question of fact and which would be ascertained from all of the circumstances including the vessel schedule, port rotation, transhipment planning, external incidents etc. Although delays may occur in Bulk shipping, it [&hellip;]
- [Loss of or damage – does it include economic loss?](https://nau.com.sg/loss-of-or-damage-does-it-include-economic-loss/): The Institute Cargo Clauses (1/1/82 &amp; 1/1/09), the Institute Time Clauses Hulls (1/10/83 &amp; 1/11/95) and the International Hull Clauses 2003 provide cover for “… loss of or damage to the subject matter insured…”. Comparatively, the cover provided by various Transport Liability policies do not use the same wording and instead use “… liability for physical loss or damage toi …” A question that arises is whether the addition of the word “physical” makes a material difference to the cover being provided? The Lloyd’s Cargo Claims and Recoveries Module 3 states in 1.1 that what is meant to be covered is [&hellip;]
- [General Average - Reasonableness](https://nau.com.sg/general-average-reasonableness/): We were invited by the Gujarat Maritime Universityi to participate in a webinar conducted on 20th Dec 2022 on “The Role of General Average in the Maritime Industry” . During the talk, one of the participants enquired on “the courts interpretation of the word reasonable” (this word is found  in S 66(2)ii of the English Marine Insurance Act 1906 and the first line of Rule A along with other numbered Rules (mentioned in 2 below) of York Antwerp Rules 1994 (YAR ’94)iii &amp; iv . Following the talk, we relooked at the wordings of the YAR and note that the word “reasonably” or [&hellip;]
- [Mis-Delivery of Cargo – Time Bar–2](https://nau.com.sg/mis-delivery-of-cargo-time-bar-2/): The English High Court recently held in FIM Bank PLC v KCH Shipping Co., Ltd (“FIM Bank v KCH”)i that the one-year time limit for cargo claims provided in the Hague-Visby Rules also applied for mis delivery claims. The Bills of Lading (“B/L”) issued in FIM Bank v KCH were Congen B/Lsii which incorporated the terms of the Charterparty into the B/Ls. The English High Court held in FIM Bank v KCH Shipping that Art III r 6 of the Hague Visby Rules, which includes the time limit applied, as a matter of construction of the Article, to claims for mis [&hellip;]
- [Art X - Hague Visby Rules](https://nau.com.sg/art-x-hague-visby-rules/): The recent Marine Brief of Kennedysi provided an update of a Australian judgement (MV Dijksgracht) which touched on the application of the Hague Visby Rules (“HVR”). In the MV Dijksgracht, the Australian COGSA would have applied if a negotiable document was issued (the Australian COGSA applies for both inward and outward shipments). However, as the documents issued were non-negotiable documentsii, the Australian COGSA did not apply, and which resulted in the Courts considering whether the HVR applied on the basis of Art X and which has a requirement of &#8220;contracting states&#8221;. The court held that the HVR did not apply and [&hellip;]
- [Arbitration - Low Value Claims](https://nau.com.sg/arbitration-low-value-claims/): Shipping is an international business and with participants often from different nationalities, locations, and different systems of law. Accordingly, parties would have different expectations such that disputes would invariably arise. While parties often resolve issues by themselves (by negotiation), some issues may remain unresolved and would therefore need to be dealt by other forms of Dispute Resolution including Mediation and Arbitration. Traditionally, Charterpartiesi have provided for disputes to be resolved by Arbitration and which is now also making inroads to other contracts such as Liner Bills of Ladingii and Average Bonds/Guaranteesiii. If the sums in dispute are substantial, parties would generally [&hellip;]
- [Art IX of the Hague Rules](https://nau.com.sg/art-ix-of-the-hague-rules/): The NCovid19 pandemic forced all of us to change the way we both worked and communicated. While the world is now back to normalcy, some of the changes effected during the lockdown in the way work is performed together with customer engagements is here to stay. We have had the opportunity to attend many webinars conducted by various institutions and law firms, some of which are freely available in YouTube. One of the webinars which we had viewed was of Birketts LLP (they conducted a series of Webinars on both Time and Voyage Charters). In one of those webinars, there was [&hellip;]
- [Back to Basics – Contract of Carriage](https://nau.com.sg/back-to-basics-contract-of-carriage/): Shipowners are invariably in a better bargaining position and able to incorporate various clauses in the contract of carriage / Bills of Lading entitling them to either exclude liability or limit liability for any loss or damage to cargo. Given this was something unacceptable to the cargo interests and other stake holders, the reaction which came initially was enactments of various legislationsi and subsequently the adoption of uniform rulesii which led to some protection to cargo interests for the loss of or damage to the cargo whilst under the care and custody of the Carriers (who include the Owners and Charterers)iii. The old [&hellip;]
- [Which Document to issue?](https://nau.com.sg/which-document-to-issue/): Unitization including containerization has allowed cargo to be moved seamlessly between various modes of transport. Often, there are multiple modes of transport used for the movement of goods, one of them being road and the other either being sea, rail or air. While cargo interests could arrange with separate operators for each mode of transport, there are obvious advantages in dealing with one single point of contact / operator to deal with the complete transportation. This has led to the development of Multimodal Transport Operator (“MTO”) and who is positioned to transport cargo by various modes of transport. The MTO’s often also [&hellip;]
- [Bills of Lading – Title to Sue](https://nau.com.sg/bills-of-lading-title-to-sue/): One of the functions of a Bill of Lading (“B/L”) is that it acts as a document of Titlei in that the Carrier has a duty to deliver the cargo to the holders of the B/L. This duty to deliver, in our opinion, also includes taking further instructions from the holder of the B/L which arguably on the basis of trade practices, include the issue of Switch B/L’sii. Additionally, one of the documents sought at the time of cargo recovery is evidence that the claimants have “Title to Sue”iii. However, this function appears to be under attack, at least in Singapore, given [&hellip;]
- [Cargo Liens for Unpaid Hire / Freight](https://nau.com.sg/cargo-liens-for-unpaid-hire-freight/): We were involved, some time back, in a situation in which Owners held lien on cargo and containers (without completing the voyage) and sought payment of the unpaid charter hire based on the dicta of The Pioneer Container. While we did not agree to the Owners position, the Owners and the Container Operator (&#8220;CO&#8221;) were fortunately able to resolve this matter. As this issue still remains unsettled in law, we are considering whether unpaid charter hire and freight entitles Owners and Operators to hold lien on the cargo. In particular, we will consider whether: Owners are entitled to hold lien on [&hellip;]
- [Container Operators – Equipment related claims](https://nau.com.sg/container-operators-equipment-related-claims/): We have, off late, been seeing some claims related to refrigerated cargo arising due to the machinery outages during the sea voyage and perhaps this is due to the extreme heat conditions at the location from where the cargo emanatesi. Given that this may be an issue faced by Container Operators/NVOCC’s (“CO”), we are writing this article to focus on their obligations (for both a Dry and Specialized containers such as Reefers/Tanks/etc.), the defences available against cargo claims together with the potential for recovery from their (CO) Insurers (both liability and equipment). The general practice is either for the Shipper or [&hellip;]
- [STC - Logistics Service Providers](https://nau.com.sg/stc-lsp/): Standard Trading Conditions (“STC”)i,also known as General Conditions of Business, are standardized trading terms advocated by various professional associations for use by their members (Logistics Service Provider (“LSP”) and who may include Freight Forwarders/NVOCC&#8217;s). The reason for their development is that while large organizations would have considered the risks associated with trading and have taken appropriate measures, small and medium sized organizations often lack resources and therefore may not have considered their trading risks. This being the case, these organizations (SME’s) may face stresses and which sometimes may lead to challenge their very existence. As one of the aims of any [&hellip;]
- [Container Issues – CY/CY & Detention](https://nau.com.sg/container-issues-cy-cy-detention/): Although approx. 20%  of the seaborne cargo by tonnage is carried in container vessels, they constitute approx. 66% in value of the Global International Trade and employ a substantial number of workers. Container shipping, compared to Bulk shipping, is indeed complex given that there are a multitude of contractual issues. In our below article, we consider on a Container Carrier’s responsibility for CY/CY shipments and Intermediate Carriers / Forwarders exposure to Container Detention arising due to abandonment. CY/CY shipments Given the increase in size and costs of vessels, it would be uneconomical for the vessel to wait for the cargo and [&hellip;]
- [Maritime Arbitration - Wet Disputes](https://nau.com.sg/maritime-arbitration-wet-disputes/): Dry shipping disputes generally relate to contractual breaches with respect to charter partiesi, contracts of carriage, sale &amp; purchase and insurance/reinsurance contracts etc. whereas Wet shipping disputes relate to accidents at sea such as collisions, general average, salvage etc. The main difference is that Dry shipping disputes are contractual whereas Wet shipping disputes are generally bereft of any contract and are generally Tortii based. Given that Wet disputes generally arise without any contract, the opportunity for arbitrationiii as a dispute resolution process is limited. This article will argue that perhaps the time is right for a change for Wet disputes to [&hellip;]
- [Diversity in Marine Insurance](https://nau.com.sg/diversity-in-marine-insurance/): The Late Sanjeev Bhandari was a doyen of the Marine Insurance field in India. Late Sanjeev Bhandari left for his heavenly abode on 04th Jan 2017 and is sorely missed by all. He was a source of wisdom, knowledge, inspiration, and goodwill to not only many in India but also worldwide. He enlightened all in marine insurance law, shipping contracts and more. He is fondly remembered for his strength of character, his unbiased mediation and arbitration skills, his mature thinking and calm disposition. To rejoice his life and memories, AMICIE organized the Sanjeev Bhandari Memorial Marine Insurance Webinar on 07th May [&hellip;]
- [Bills of Lading - NVOCC's](https://nau.com.sg/bills-of-lading-nvoccs/): A Bill of Lading (“B/L”) is perhaps the most important shipping document given that it facilitates the transfer of title to the cargo. While the B/L is generally considered to have three functions (Receipt, Evidence of a contract of carriage and Document of title), there are other possible functions including the Statement of Factsi. The question is who is entitled to issue a B/L? In the article, Freight Forwarder’s Bill of Lading: Are they Bills of Lading?ii, Dr Kasiiii argues that a Bill of Lading can only be issued by “a sea carrier in his capacity of carrier”. Dr Kasi cites [&hellip;]
- [Cash on Delivery](https://nau.com.sg/cash-on-delivery/): Cash on delivery (“COD”) is a common business termi used generally for the sale of goods in the consumer market. The buyer is expected to pay cash at the time of delivery of the goods to the delivery person, often a 3rd party Logistics Service Provider (“LSP”), failing which the delivery will be suspended. This terms is also often used in the shipping and logistics industry but the effect is different. The aim of this article is to discuss the differences between the sale of goods and services and the potential issues which may arise in a COD sale / shipment. [&hellip;]
- [General Average – CMA CGM Libra and Rule D Defence](https://nau.com.sg/general-average-cma-cgm-libra-and-rule-d-defence/): During one of the webinars we attended, the case of The CMA CGM Libra was discussed and in which participants raised queries on who would bear the shortfall in the General Average (&#8220;GA&#8221;) kitty should one of the cargo interests successfully deny owners entitlement to seek contributions. Briefly, in The CMA CGM Librai, the English Supreme Court decided that there was actionable fault on the part of the Owners such that the cargo interestsii were entitled to deny any contributions sought for GA”. This article will touch on Rule D defence and consider who will be responsible to bear the unrecovered [&hellip;]
- [Standard Trading Conditions – Incorporation](https://nau.com.sg/standard-trading-conditions-incorporation/): We had earlier written another article on Standard Trading Conditions and which can be viewed at https://nau.com.sg/standard-trading-conditions-and-its-importance-to-transport-operators/ It is invariably a requirement for Logistics Service Providers (“LSP”) that they contract with their clients on the basis of compulsorily applicable cargo conventions or by way of their Standard Trading Conditions (“STC”) which have been seen and approved by their Liability Insurersi. Incorporation of a STC would entitle LSP&#8217;s to either exclude and/or limit liability invariably so as to capp their exposures to manageable levels. The Singapore Court of Appeal held in Nambu PVD Pte Ltd v UBTS Pte Ltdii that for UBTS STC [&hellip;]
- [Which Dispute Resolution Process?](https://nau.com.sg/which-dispute-resolution-process/): Disputes invariably arise in International business and which may be due to many factors including biases, different understanding of the facts, parties based at different jurisdictions including different legal systems i.e., common or civil lawi, etc. The shipping industry has traditionally graviated towards arbitration as a dispute resolution process given that parties can choose their own arbitrators well versed in shipping practices, use arbitration processes that that are not only quick but also cost effective together with the easy enforceability of awardsii. Additionally, arbitration does allow successful parties a chance to recover their costs and which may not be the case [&hellip;]
- [Notice of Readiness](https://nau.com.sg/notice-of-readiness/): There have been enough tomesi written on Notice of Readiness (“NOR”) and the intention of this article is not to add on to these. Given that issues on NOR’s regularly rears up, the Association of Maritime International Commercial Interests &amp; Expertise (“AMICIE”) recently published their suggested NOR+LAYTIME C/Pii clause and circulated to their members and the public for their review and consideration. We would welcome readers to consider and comment on the clause suggested by AMICIE and if found appropriate, to incorporate the same. Our grouse is perhaps the Industry is moving at a snail’s pace on the use of technology [&hellip;]
- [Enforcement of Foreign Arbitral Award in India by in rem Action](https://nau.com.sg/enforcement-of-arbitral-award-in-india-by-in-rem-action/): A Foreign Arbitral award can be enforced in India in the following three ways: Award can be enforced as per the provisions of S 47 to S 48 of the (Indian) Arbitration &amp; Conciliation Act, 1996 (Indian Arbitration Act). If the Award is made a Rule of Court in the country where it is pronounced, it can be enforced in accordance with S 44A of the (Indian) Civil Procedure Code, 1908 (CPC). This is permissible if the award has become enforceable by an order of the English High Court and has therefore been entered as judgment and became a decree, in [&hellip;]
- [The Singapore Multimodal Transport Act 2021 – 2](https://nau.com.sg/the-singapore-multimodal-transport-act-2021-2/): Following our earlier article, The Singapore Multimodal Transport Act 2021 (“SMTA 21”), we were contacted by Land Transport Authorityi, the Singapore Licensing Authority and who advised us that the provisions of the SMTA 21 is not mandatory but optional. This being the case, there are no penal provisions for an MTO that is not a member of the Registry trading in an ASEAN Member State (AMS). We had also been advised that the applicationsii would be processed by LTA from 28th Nov 2021. Given that the provisions of SMTA 21 are not mandatory and only optional, the question should be is [&hellip;]
- [The Singapore Multimodal Transport Act 2021](https://nau.com.sg/the-singapore-multimodal-transport-act-2021/): The Singapore parliament, on 05th Jan 2021, passed the Multimodal Transport Billi  to facilitate the ratification of the ASEAN framework agreement on Multimodal Transportii. At the time of passing the act, the date of application of the Act was left to the Minister of Transportiii and who has recently published a notification that the Act would come into operation from 28th Nov 2021. International Multimodal Transport is defined in this Act as being “the carriage of goods on the basis of a multimodal transport contract by at least 2 different modes of transport  from a place in a country at which the goods [&hellip;]
- [International Maritime Arbitration – Right to Appeal](https://nau.com.sg/international-maritime-arbitration-right-to-appeal/): If parties are unable to resolve the dispute by themselves, they should ideally consider a process which would lead to the resolution of their disputes with minimum of costs and time. If the parties agree to, say arbitration as the dispute resolution process, then the conclusion of the process should be by way of an enforceable award from the arbitral tribunal. Very rarely would a losing party be happy with the award and hence if there is an option available to appeal against the award, they would be inclined to do soi. In this regard, if the arbitration provides for English [&hellip;]
- [The Survey Mela](https://nau.com.sg/the-survey-mela/): The Institute of Chartered Shipbrokers, Middle East Branch has initiated the Capt. Harry Subramaniam Memorial Knowledge Series and in which they cover various topics related to the industry in a webinar. Capt. Harry Subramaniam was one of India’s greatest seafarer mentors who unfortunately passed away in June 2020i. The webinar we recently attended was on Risk Mitigation Actions following an incident in which Capt. Zarir Iraniii and Capt. John Nobleiii discussed on the engagement of surveyors together with the importance of the surveyor’s professionalism. Kudos to the speakers and the Institute of Chartered Shipbrokers Middle East Branch on this wonderful initiative. Following a [&hellip;]
- [Webinar on Marine Insurance](https://nau.com.sg/webinar-on-marine-insurance/): Webinar on Marine Insurance conducted by SVKM&#8217;s NMIMS on 03rd Sep 2021 and  which can be viewed at https://youtu.be/p6t2yhhocsk           

## Pages

- [Muthu Jagannath — Dispute Resolution CV](https://nau.com.sg/jagan-dr-cv/): Dispute Resolution — Curriculum Vitae Muthu Jagannath (Mr) Director &nbsp;·&nbsp; NAU Pte Ltd &nbsp;·&nbsp; Singapore 📱 +65 9389 3158 ✉ jagan@nau.com.sg 📍 10 Anson Road, #33-06A, Singapore 079903 🌐 Singaporean Mediation Experience Court Appointed Volunteer Mediator at the Singapore State Courts — mediated over 120 disputes at the Small Claims Tribunal, State Courts of Singapore. Co-mediated an Insurance &amp; Shipping dispute under SMC Rules Co-mediated Council for Private Education Mediation–Arbitration Scheme under SMC Rules Co-mediated Employment Dispute Mediation Service (EDMS) under their procedure Co-mediated various commercial disputes under SMC Rules Advises and assists clients with Mediation Arbitration Experience Experience spans Shipping, [&hellip;]
- [Muthu Jagannath — General CV](https://nau.com.sg/jagan-cv/): Curriculum Vitae Muthu Jagannath (Mr) Director &nbsp;·&nbsp; NAU Pte Ltd &nbsp;·&nbsp; Singapore ☎ +65 6763 3239 📱 +65 9389 3158 ✉ jagan@nau.com.sg 📍 10 Anson Road, #33-06A, Singapore 079903 🌐 Singaporean Current Position Director at NAU Pte Ltd Specialist Experience Shipping &amp; Chartering practice, NVOCC/Freight Forwarding &amp; Consolidation, Shipping Agency, Liner activities H&amp;M Adjustment including Collision (RDC), P&amp;I claims control, Defence and Adjustment Freight Demurrage &amp; Disputes (FD&amp;D), Transport Liability Insurance (Intermediary) including Marine Professional Indemnity Ports &amp; Terminal Claims, Cargo damage and Intermodal claims defence Lecturing/Seminar Presentations on Shipping Practice Employment History 2013— Present Director NAU Pte Ltd — Singapore [&hellip;]
- [Nau Newsletter](https://nau.com.sg/newsletter/): Maritime insights and claims intelligence from Singapore
- [Standard Trading Conditions](https://nau.com.sg/standard-trading-conditions/): Legal Standard Trading Conditions NAU Pte Ltd &nbsp;·&nbsp; Singapore Note: NAU Pte Ltd provides its services solely in accordance with these Standard Trading Conditions. By engaging NAU, the Client agrees to be bound by these terms. 1 Definitions i. &#8220;Consultant&#8221; is NAU Pte Ltd (hereinafter known as NAU) trading under these conditions. ii. &#8220;Client&#8221; is the party at whose request or on whose behalf NAU undertakes consultancy and other services. iii. &#8220;Report&#8221; means any report or statement supplied by NAU in connection with instructions received from the Client. iv. &#8220;Disbursements&#8221; means the cost of any external surveys / services incurred for [&hellip;]
- [Contact Us](https://nau.com.sg/contact-us/): SEND A MESSAGE How Can We Help? Tell us about your claim or enquiry and we will get back to you promptly. CONTACT DETAILS Phone (24h) +65 6763 3239 Email jagan@nau.com.sg Address 10 Anson Road #33-06AInternational
- [Services](https://nau.com.sg/services/): SERVICES WE OFFER NAU acts as your outsourced claims consultants. We will deal with your claim in the most economical way and if required engage surveyors and experts. We will review all details and advise you on the best ways to mitigate the loss and defend the claim. In summary, we will: Focus on defence and gather evidence Ascertain the possible exposure at the beginning of the incident Maintain close contact with all parties to ensure that all steps are taken to properly mitigate the loss Look at recovery aspects and that all rights are properly preserved Negotiate settlement on best [&hellip;]
- [About](https://nau.com.sg/about/): About NAU We Understand &amp; Solve Your Claims Issues When you have a problem, you need someone who can understand your problem and help you find ways to solve it. NAU Pte Ltd is a specialist marine claims consultancy and correspondent firm based in Singapore, dealing with Transport Liability, P&amp;I, and H&amp;M Claims. We believe in firstly understanding your problems — our team carries both commercial and legal knowledge — and then finding the solution which best meets your needs at the minimum of costs. NAU is committed to open and transparent dealings with all parties. 💡 Practical Knowledge Deep commercial [&hellip;]
- [Home](https://nau.com.sg/): Transport Liability Claims Protection &amp; Indemnity Hull &amp; Machinery Claims Cargo &amp; Freight Disputes Surveyor &amp; Expert Coordination What We Do Claims Management Consultants NAU acts as your outsourced claims consultants. We engage surveyors and experts where required, advising on the best ways to mitigate loss and defend your claim. 01 Transport Liability Comprehensive handling of cargo claims, freight liability disputes, and multimodal transport issues — from first notice of loss through to final settlement. Learn More → 02 Protection &amp; Indemnity Expert P&amp;I claims management for ship-owners. We work alongside your P&amp;I club to ensure claims are handled efficiently and [&hellip;]
- [Privacy Policy](https://nau.com.sg/privacy-policy/): Legal Privacy Policy NAU Pte Ltd &nbsp;·&nbsp; Last updated: July 2025 Summary: NAU Pte Ltd collects only the information you provide to us directly — through our contact form or newsletter subscription. We do not sell your data, we do not use advertising trackers, and we do not share your information with third parties except as described in this policy. 1. Who We Are NAU Pte Ltd is a marine claims consultancy registered in Singapore. Our registered address is 10 Anson Road, #33-06A International Plaza, Singapore 079903. You can contact us at jagan@nau.com.sg. This Privacy Policy explains how we collect, use [&hellip;]

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