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Charterparty & Bill of Lading issues

Charterparties and Bills of Lading are the cornerstones of shipborne trade. However, it is not uncommon that they give rise to disputes between the contracting parties. The articles below look at some of the issues that tend to arise and aim to assist Members in their day-to-day business.

B/L

Clausing bills of lading – In Focus

‘Clausing’ a bill of lading is the act of inserting written remarks about the apparent order and condition of the cargo on loading. If the cargo is only subsequently damaged on the ship, the bills of lading will need to be issued ‘clean’.

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Clausing bills of lading – Practical Guide

‘Clean’ bills of lading or Mate’s Receipts should not be issued if the cargo contains observable defects on loading. Failing to clause bills of lading may prejudice the P&I cover.

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Below In Focus and Practical Guide articles published by the Club are available to our members for download on SCOL>

  • In Focus: Three functions of bills of lading
  • Practical Guide: Three functions of bills of lading
  • In Focus: Ad Valorem bills of lading
  • Practical Guide: Ad Valorem bills of lading
  • In Focus: Blending and commingling
  • Practical Guide: Blending and commingling
  • In Focus: Carriage of cargo on deck
  • Practical Guide: Carriage of cargo on deck
  • In Focus: Carriage of live animals
  • Practical Guide: Carriage of live animals
  • In Focus: Delivery Orders
  • Practical Guide: Delivery Orders
  • In Focus: Early Departure Procedure
  • Practical Guide: Early Departure Procedure
  • In Focus: Freight prepaid bills of lading
  • Practical Guide: Freight prepaid bills of lading
  • In Focus: Identity of carrier
  • Practical Guide: Identity of carrier
  • In Focus: Letters of Indemnity
  • Practical Guide: Letters of Indemnity
  • In Focus: Multimodal and through transport Bills of Lading 
  • Practical Guide: Multimodal and through transport Bills of Lading
  • In Focus: Negotiable bills of lading
  • Practical Guide: Negotiable bills of lading
  • In Focus: Original bill of lading with ship
  • Practical Guide: Original bill of lading with ship
  • In Focus: Sea Waybills
  • Practical Guide: Sea Waybills

Bunker

Bunker quality disputes 

Global Sulphur Cap 2020 – working with the law 

Bankruptcy of bunker supplier 

Hire

Deductions from hire: Off-hire and equitable set-off 

Remedies for non-payment of hire: withdrawal/suspension 

Remedies for non-payment of hire: liens, interception of freight and other forms of security 

Inter-Club Agreement (ICA)

The ICA and its operation 

Inter-Club Agreement: Room for interpretation

LOIs

The LOI – a contract in its own right

DIY LOI 

Voyage charterer

The importance of Eternal Bliss