ICS and WISTA spotlight on Charter party disputes and prevention

                                                                                                                                                                - Prisilla Nadar

Institute of Chartered Shipbrokers (ICS), Hong Kong Branch and Women’s International Shipping and Trade Association (WISTA), Hong Kong jointly started organizing a series of webinar as promised, starting from 16th June. The very first webinar of the series was on the topic ‘Charter party disputes and prevention.’

Manson Cheung, Vice Chairman, ICS, Hong Kong Branch welcomed the guests.

Mr Jagmeet Makkar, Arbitrator, Chair, ICS, Director –SkillPlus introduced ICS and WISTA in brief to the gathering and chaired the first webinar of the series between WISTA, ICS, Hong Kong. “What can be better than this, WISTA and ICS is collaborating to organize such a knowledge sharing event like this,” said Mr Makkar.

He started the session by asking panelists about the law relating to unsafe ports and then changes that have happened over the years. Mr Dimitris Seirinakis, Managing Director, Shanghai Office of the American Club provided the historical overview of unsafe ports. He said, “The law surrounding unsafe ports is very important contractual provision which appears all time in charters parties; in enhance it is an warranty that the vessel will be sent to only safe ports. There are several requirements to consider ports as safe, safe access to the port, other big facilities for trade that has been proposed, it must a politically safe port, and vessel must leave safely.” Mr Seirinakis explained in brief what causes a breach in contract.

Abnormal occurrence in unsafe ports was described by Catherine Smith, General Counsel and Company Secretary at Wah Kwong Maritime Transport Holdings Limited. She talked about few real incidents on abnormal occurrence. The implications on our practical chartering in terms of nominating ports were also discussed.

The session witnessed discussion about Insurance options available for owners and charters.


Capt Rajiv Tetarbe, Commercial Director, Chellaram Shipping (HK) Ltd spoke about the practical challenges during crew change during COVID-19. He also highlighted the issues faced by seafarers about the vaccination process globally.

The panelists discussed and shared their immense knowledge about the Charter party clauses. “The discussion was full of substance,” said Mr Benjamin Wong, Head, Transport and Industrial sector, InvestHK, Hong Kong while summing up the session and he also spoke about the initiatives taken by the ICS.

Mr Makkar thanked all the supporters for making the first webinar of the series a huge success.


(Courtesy: Marex Media)

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