Subscribe to our Mailing Lists (It's free!)
Friday, June 2, 2023
SAFETY4SEA
  • Home
  • Safety
    • All
    • Accidents
    • Alerts
    • Loss Prevention
    • Maritime Health
    • Regulation
    • Safety
    • Seafarers
    • Security
    UK MAIB

    Lessons learned: Never leave the scene of a collision until everything is under control

    Lessons learned: Always ensure you have an accurate picture of the traffic situation before departure

    Lessons learned: Always ensure you have an accurate picture of the traffic situation before departure

    Merchant vessels support search for crew of Chinese fishing vessel

    Merchant vessels support search for crew of Chinese fishing vessel

    New Zealand joins 2012 Cape Town Agreement

    New Zealand joins 2012 Cape Town Agreement

  • SEAFiT
    • All
    • Intellectual
    • Mental
    • Physical
    • Social
    • Spiritual
    Book Review: A role model for ship managers

    Book review: The politics of sustainability in the Arctic

    contemplation as a spiritual practice

    Contemplation: Directing the mind towards what’s important

    power of hug

    The power of hugging: How it affects our health

    Impostor Syndrome

    Mental Health Focus: How to deal with Impostor Syndrome

  • Green
    • All
    • Arctic
    • Ballast
    • Emissions
    • Fuels
    • Green Shipping
    • Pollution
    • Ship Recycling
    • Technology
    green marine fuels

    Future fuels transition is cost-prohibitive without adoption of clean technology

    Pherousa Green Shipping works on ammonia-fueled dry bulk carriers

    Pherousa Green Shipping works on ammonia-fueled dry bulk carriers

    NGO Shipbreaking Platform.

    Allianz: Key trends in maritime decarbonization

    Grieg Maritime signs contract for four ammonia vessels

    Grieg Maritime signs contract for four ammonia vessels

  • Smart
    • All
    • Connectivity
    • Cyber Security
    • E-navigation
    • Energy Efficiency
    • Maritime Software
    • Smart
    ONE orders 10 vessels ready for methanol and ammonia

    ONE joins GSBN in paperless trade

    Kongsberg completes autonomous operation of coastal vessel

    Kongsberg completes autonomous operation of coastal vessel

    communication onboard, connectivity

    IMO Sub-Committee considers introduction of VDES into SOLAS

    Modern navigation requires modern training

    IMO makes progress on navigational safety

  • Risk
    • All
    • CIC
    • Detentions
    • Fines
    • PSC Case Studies
    • PSC Focus
    • Vetting
    Ship detentions in Paris MoU in February 2021

    AMSA bans bulk carrier Babuza Wisdom for 90 days

    tanker arrested in singapore

    AMSA convicts master and company after pilot ladder injury

    amsa planned maintenance fic

    OCIMF Annual Report 2023: Key amendments and additions under SIRE 2.0

    civil penalties, fines

    Spain fines tanker for illegal STS transfer

  • Others
    • All
    • Diversity in shipping
    • Maritime Knowledge
    • Offshore
    • Ports
    • Reports
    • Shipping
    • Sustainability
    • Videos
    World Port Climate Action Program focuses on shore power, new fuels and green corridors

    World Port Climate Action Program focuses on shore power, new fuels and green corridors

    Belize Port Authority detains grounded vessel for investigation

    CPIB investigates Seatrium’s activities in Brazil

    Ever Given

    Minerva Bunkering launches service in the Suez Canal and Egyptian Ports

    Wärtsilä to supply systems for new very large Ethane Carriers in China

    BIMCO Q2 2023: Container shipping market outlook

  • Columns
    METIS: Digitalisation can assist vessels to achieve optimum performance and minimise their emissions

    METIS: Digitalisation can assist vessels to achieve optimum performance and minimise their emissions

    MAN : Supporting the use of LPG propulsion

    MAN : Supporting the use of LPG propulsion

    LPG Market Outlook

    LPG for Marine: A readily available fuel

    Trending Tags

    • Book Review
    • Career Paths
    • Industry Voices
    • Interviews
    • Maripedia
    • Maritime History
    • Resilience
    • Seafarers Stories
    • SeaSense
    • Wellness Corner
  • Events
  • Plus
No Result
View All Result
  • Home
  • Safety
    • All
    • Accidents
    • Alerts
    • Loss Prevention
    • Maritime Health
    • Regulation
    • Safety
    • Seafarers
    • Security
    UK MAIB

    Lessons learned: Never leave the scene of a collision until everything is under control

    Lessons learned: Always ensure you have an accurate picture of the traffic situation before departure

    Lessons learned: Always ensure you have an accurate picture of the traffic situation before departure

    Merchant vessels support search for crew of Chinese fishing vessel

    Merchant vessels support search for crew of Chinese fishing vessel

    New Zealand joins 2012 Cape Town Agreement

    New Zealand joins 2012 Cape Town Agreement

  • SEAFiT
    • All
    • Intellectual
    • Mental
    • Physical
    • Social
    • Spiritual
    Book Review: A role model for ship managers

    Book review: The politics of sustainability in the Arctic

    contemplation as a spiritual practice

    Contemplation: Directing the mind towards what’s important

    power of hug

    The power of hugging: How it affects our health

    Impostor Syndrome

    Mental Health Focus: How to deal with Impostor Syndrome

  • Green
    • All
    • Arctic
    • Ballast
    • Emissions
    • Fuels
    • Green Shipping
    • Pollution
    • Ship Recycling
    • Technology
    green marine fuels

    Future fuels transition is cost-prohibitive without adoption of clean technology

    Pherousa Green Shipping works on ammonia-fueled dry bulk carriers

    Pherousa Green Shipping works on ammonia-fueled dry bulk carriers

    NGO Shipbreaking Platform.

    Allianz: Key trends in maritime decarbonization

    Grieg Maritime signs contract for four ammonia vessels

    Grieg Maritime signs contract for four ammonia vessels

  • Smart
    • All
    • Connectivity
    • Cyber Security
    • E-navigation
    • Energy Efficiency
    • Maritime Software
    • Smart
    ONE orders 10 vessels ready for methanol and ammonia

    ONE joins GSBN in paperless trade

    Kongsberg completes autonomous operation of coastal vessel

    Kongsberg completes autonomous operation of coastal vessel

    communication onboard, connectivity

    IMO Sub-Committee considers introduction of VDES into SOLAS

    Modern navigation requires modern training

    IMO makes progress on navigational safety

  • Risk
    • All
    • CIC
    • Detentions
    • Fines
    • PSC Case Studies
    • PSC Focus
    • Vetting
    Ship detentions in Paris MoU in February 2021

    AMSA bans bulk carrier Babuza Wisdom for 90 days

    tanker arrested in singapore

    AMSA convicts master and company after pilot ladder injury

    amsa planned maintenance fic

    OCIMF Annual Report 2023: Key amendments and additions under SIRE 2.0

    civil penalties, fines

    Spain fines tanker for illegal STS transfer

  • Others
    • All
    • Diversity in shipping
    • Maritime Knowledge
    • Offshore
    • Ports
    • Reports
    • Shipping
    • Sustainability
    • Videos
    World Port Climate Action Program focuses on shore power, new fuels and green corridors

    World Port Climate Action Program focuses on shore power, new fuels and green corridors

    Belize Port Authority detains grounded vessel for investigation

    CPIB investigates Seatrium’s activities in Brazil

    Ever Given

    Minerva Bunkering launches service in the Suez Canal and Egyptian Ports

    Wärtsilä to supply systems for new very large Ethane Carriers in China

    BIMCO Q2 2023: Container shipping market outlook

  • Columns
    METIS: Digitalisation can assist vessels to achieve optimum performance and minimise their emissions

    METIS: Digitalisation can assist vessels to achieve optimum performance and minimise their emissions

    MAN : Supporting the use of LPG propulsion

    MAN : Supporting the use of LPG propulsion

    LPG Market Outlook

    LPG for Marine: A readily available fuel

    Trending Tags

    • Book Review
    • Career Paths
    • Industry Voices
    • Interviews
    • Maripedia
    • Maritime History
    • Resilience
    • Seafarers Stories
    • SeaSense
    • Wellness Corner
  • Events
  • Plus
No Result
View All Result
SAFETY4SEA

Legal risks following quarantine of Yangtze River pilots

by Michal Jorek
January 7, 2022
in Loss Prevention, Opinions
Legal risks following quarantine of Yangtze River pilots

Yangtze River / Image Credit: Shutterstock

FacebookTwitterEmailLinkedin

Navigation on parts of the Yangtze River by international-trading vessels has come to an abrupt halt following the Covid-19 quarantining of local pilots, write Gard Club’s experts Michal Jorek and Bruce Liu.

Last week, maritime media reported that two pilots working on the Yangtze River had tested positive for Covid-19. In the hours and days that followed, about 200 of the approximately 500 pilots of Yangtze River Pilot Center were reported to have been quarantined by the Chinese authorities. Gard understands that much of the navigation on the Yangtze River by international-trading vessels calling at Jiangyin port and further upstream including Nanjing has since come to an abrupt halt. The only vessels that appear to be able to sail to Jiangyin port and further are those carrying essential imports such as coal and LNG.

This situation is rapidly evolving and the extent to which it will affect international trade cannot be accurately estimated at this time. Nevertheless, Gard wishes to bring this situation to the attention of our Members so they can continue to monitor it and take preventative measures as appropriate including requesting updates from their local agents. In this article, we outline the current pilot procedures and discuss some of its potential legal consequences due to prolonged delays.

Yangtze River Pilot rotation

RelatedNews

Merchant vessels support search for crew of Chinese fishing vessel

AMSA convicts master and company after pilot ladder injury

Since the outbreak of Covid-19, because of their exposure to international crews, the Chinese authorities have considered pilots working in China to pose a high risk of spreading infection. As a consequence, pilots have been placed under a strict working arrangement designed to limit that risk.

After the epidemic outbreak at Nanjing Lukou International Airport in August 2021, further restrictions on the working arrangements for Yangtze River pilots were introduced. Pilots typically carry out their shiftwork for periods of 14 days during which they are not permitted any outside contacts. At the end of those 14 days, pilots are placed under medical observation in centralised quarantine for seven days, following which they spend seven days monitoring their health at home. Given the Chinese authorities’ approach to the risk posed by pilots to date, the affected pilots’ quarantine could last at least 14 to 21 days.

Quarantine exacerbates the already stretched pilot capacity  

That quarantine is likely to significantly worsen the already congested traffic of vessels calling at any of the Yangtze River ports. The pilots’ strict working arrangements had the effect of reducing the number of internationally-trading vessels piloted daily into the Yangtze River from 130 before Covid-19 to 70-80 in the last weeks of 2021. That number has now dropped significantly and is unlikely to be restored to its previous levels before the affected pilots return to work. It is also anticipated that once piloting operations are restored it could take at least several weeks for the congestion having built up while the affected pilots were in quarantine to clear. The resulting delays to anticipated calls at Yangtze River ports are likely to be many and substantial. Gard’s Members should be aware of these potential delays and take preventative measures where appropriate.

Legal risks due to prolonged delay

Examples of legal risks that may arise from these potential delays include missed redelivery deadlines, missed  laycans under forthcoming fixtures, hull fouling potentially resulting in increased bunker consumption and the need to subsequently clean as well as potential disputes regarding laytime and demurrage. There may also be disputes regarding hire although it is hard to see how those delays could fall within the scope of typical off-hire clauses. What appears certain is that this incident is likely to result in both owners and charterers reaching for their charterparties to see which of their rights and obligations might be affected by it and what exemptions and exceptions might be available to them.

In addition, the legal risks arising as a result of the quarantine of the Yangtze River pilots are likely to include a broad range of cargo related issues. Under Article III Rule 2 of the Hague/Hague Visby Rules, carriers have a duty “properly and carefully [to] load, handle, stow, carry, keep, care for” the cargo on board. That duty binds the carrier from “tackle to tackle”, meaning it runs from when the cargo is loaded until it is discharged. Questions might arise as to whether carriers have met this duty if, for example, cargo on board a vessel affected by the delays due to the quarantined Yangtze River pilots deteriorates. In such a case, subject to the vessel being seaworthy, carriers will potentially have a suite of defences available to them, including the following from the catalogue in Article IV rule 2 of the Hague/Hague Visby Rules:

  • Quarantine restrictions (Article IV Rule 2(h))
  • Inherent defect, quality or vice of the goods (Article IV Rule 2(m))
  • Latent defects not discoverable by due diligence (Article IV Rule 2(p))
  • Any other cause without the fault/privity of the carrier (Article IV Rule 2(q))

Questions might also arise as to whether cargo that was not dangerous when loaded subsequently became dangerous during the extended delay while the vessel carrying it was waiting to call at a Yangtze River port. The full extent of a carrier’s legal recourse if that were to occur and the outcome of any other potential claim against a carrier by cargo interests or other legal issues will naturally depend on all the circumstances of each case. To minimise the risk of such legal issues arising, Gard’s Members are advised to take all practical precautions when entering into new fixtures or if already on a voyage anticipated to call at a Yangtze River port and seek legal advice where necessary.

 

The views presented are only those of the author and do not necessarily reflect those of SAFETY4SEA and are for information sharing and discussion purposes only.

Above article has been initially published in Gard Club’s website and is reproduced here with authors’ kind permission.

Tags: ChinaCOVID-19Gard Clubloss preventionpilots
Michal Jorek

Michal Jorek

Michal Jorek is Senior Lawyer at Gard Club, Oslo

Bruce Liu

Bruce Liu

Bruce Liu is Loss Prevention Executive at Gard Club, Hong Kong

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Recommended

UK MAIB

Lessons learned: Never leave the scene of a collision until everything is under control

June 2, 2023
Lessons learned: Always ensure you have an accurate picture of the traffic situation before departure

Lessons learned: Always ensure you have an accurate picture of the traffic situation before departure

June 2, 2023
MARITIME EVENTS

Explore

  • Safety
  • SEAFiT
  • Green
  • Smart
  • Risk
  • Others
  • SAFETY4SEA Events
  • SAFETY4SEA Plus Subscription

Useful Links

  • About
  • Disclaimer
  • Editorial Policies
  • Advertising
  • Contact

© 2021 SAFETY4SEA

No Result
View All Result
  • Safety
    • Accidents
    • Alerts
    • Loss Prevention
    • Maritime Health
    • Regulation
    • Safety
    • Seafarers
    • Security
  • SEAFiT
    • Intellectual
    • Mental
    • Physical
    • Social
    • Spiritual
  • Green
    • Arctic
    • Ballast
    • Emissions
    • Fuels
    • Green Shipping
    • Pollution
    • Ship Recycling
    • Technology
  • Smart
    • Connectivity
    • Cyber Security
    • E-navigation
    • Energy Efficiency
    • Maritime Software
    • Smart
  • Risk
    • CIC
    • Detentions
    • Fines
    • PSC Case Studies
    • PSC Focus
    • Vetting
  • Others
    • Diversity in shipping
    • Maritime Knowledge
    • Offshore
    • Ports
    • Reports
    • Shipping
    • Sustainability
    • Videos
  • Columns
    • Opinions
    • Book Review
    • Career Paths
    • Industry Voices
    • Interviews
    • Maripedia
    • Maritime History
    • Resilience
    • Seafarers Stories
    • SeaSense
    • Wellness Corner
  • SAFETY4SEA Events
  • SAFETY4SEA Plus Subscription

© 2021 SAFETY4SEA

This website uses cookies. By continuing to use this website you are giving consent to cookies being used. Visit our Disclaimer.