Articles

Warnings to barge operators – a critical look at BIMCO’s BARGEHIRE 2021

Each year, around 800 Bimco BARGEHIRE contracts are signed, currently on its SmartCon platform. It is understandable, with such an uptake, that Bimco should periodically review this barge-leasing contract. The most recent iteration of the 1994 and 2008 versions was published in 2021. The above usage excludes hybrid versions developed in-house by some of the…

The “EVER GIVEN” – grounding Suez Canal – March 2021

Smit Salvage BV & Ors v Luster Maritime SA & Anr (The ‘Ever Given’) [2023] EWHC 697 Admlty) Today we look at what went wrong and the lessons to be learned when in March 2021 the owners of the EVER GIVEN sought to avoid a salvage claim and started negotiations for a commercial contract to…

The EVER GIVEN – was there a concluded contract? The Admiralty Court says no.

The grounding of the 20,400 teu “EVER GIVEN” in the Suez Canal is well-known, but much less is understood about what was going on behind the scenes as the parties negotiated for her refloating. It has proven controversial. A recent Admiralty Court judgement has now thrown light upon exactly what happened. At about 07.40hrs LT…

A final remedy for the unlawful detention of tugs and crew – ITLOS

In the January 2023 issue of International Tug & Salvage, regular columnist Simon Tatham explains how the International Tribunal for the Law of the Sea can intervene when tugs or crews are detained. Most problems encountered by tugs and other ships trading the high seas are resolvable. However, there are situations that arise where conventional…

Do not delay salvage contracting

16 May 2022 by Simon Tatham Regular columnist Simon Tatham examines a recent maritime accident report to highlight the risks of not taking the offered LOF The International Group of P&I Clubs (IG) has been working on what it calls its Salvage Delay Project, an independent study into the increasing tendency for delays in the take up…

How SCOPIC is used under LOF

Regular columnist Simon Tatham explains the process, benefits and pitfalls of invoking SCOPIC in salvage Salvage situations develop quickly, calling for rapid decision making by the parties involved. For the opportunist, occasional salvor and a shipowner faced with its first salvage dilemma, they with probably not have experience of Lloyd’s Open Form (LOF) salvage let…

Uptake increases on BIMCO towing contract updates

Regular columnist Simon Tatham reviews the rising use of 2021 updates to BIMCO’s TOWCON and TOWHIRE standard contracts. It is now nine months since BIMCO published its updated towing contracts, the third edition since they were first introduced in the 1980s. This pair have since become the industry standard for deepwater towage, and with the…

Benefits of ASG and LOF salvage service agreements

Regular columnist Simon Tatham provides insight into the Admiralty Solicitors Group salvage agreements and arbitration proceedings There was consternation as to whether Lloyd’s would continue to operate the Lloyd’s Salvage Arbitration Branch (LSAB) and therefore support Lloyd’s Open Form (LOF). Lloyd’s has since confirmed its commitment to LSAB and LOF. There have also been concerns…