Influence of military conflicts and sanctions on trade and shipping

Nataliya MyroshnychenkoInterlegal, Ukraine

SINCE 1995

3 OFFICES ON BLACK SEAACCOCIATED OFFICES IN EUROPEPARTNERS IN NORTH AFRICA, MIDDLE EAST, ASIA, USA

Influence of military conflicts and sanctions on trade and shipping

Nataliya MyroshnychenkoInterlegal, Ukraine

TRADE v RISKS

1.9 млн

1.6 млн

10.7 млн

3.3 млн

1.7 млн

Violent conflicts continue in • Iraq• Libya• the Syrian Arab Republic• Yemen

with significant spill over effects on the regional economies

Tonnage

Freight

Insurance

RISKS AND PROBLEMSSHIPPING:• UNSAFE PORT• WAR CLAUSES IN FORCE• P&I PROBLEMS• LATE/NON-DELIVERY • UNCLAIMED CARGO

TRADING:• FORCE MAJEURE CLAUSES• TRANSACTIONS PROBLEMS• CARGO INSURANCE ISSUES

SAFE PORT CLAUSE

The Eastern City[1958] 2 Lloyd's Rep. 127

A port will not be safe unless, in the relevant period of time, a particular ship can reach it, use it and return from it without, in the absence of some abnormal occurrence, being exposed to danger which cannot be avoided by good navigation and seamanship…

WAR CLAUSES

VOYWAR 2013 War Risks Clause for Voyage Chartering

War, act of war, civil war or hostilities; revolution; rebellion; civil commotion; warlike operations; laying of mines; acts of piracy and/or violent robbery and/or capture/seizure; acts of terrorists; acts of hostility or malicious damage; blockades, by any person, body, terrorist or political group, or the government of any state or territory whether recognised or not, which, in the reasonable judgement of the Master and/or the Owners, may be dangerous or may become dangerous to the Vessel, cargo, crew or other persons on board the Vessel.

P&I PROBLEMS

LATE/NON-DELIVERYIf at any time Carriage is affected by any

risk, danger, the Carrier may:(a) Carry the Goods to the contracted

Port of Discharge by an alternative route; or(b) Suspend the Carriage of the Goods and store them

ashore or afloat.. but the Carrier makes no representations as to the maximum period of suspension; or

(c) Abandon the Carriage of the Goods and place them at the Merchant’s disposal at any place or port, which the

Carrier may deem safe and convenient.

UNCLAIMED CARGO

MERCHANT !!!

“Merchant”:• Shipper• Holder• Consignee• Receiver of the Goods• any Person owning or

entitled to the possession of the Goods and anyone acting on behalf of such Person.

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FORCE MAJEURE

Правильное уведомление

Ссылка на форс мажор

Доказательства форс мажора

FORCE-MAJEURE CLAUSE

TRADE CONTRACTS

CHARTER - PARTIES

Acts of God, Acts of Governments, blockade, war, riot, insurrection or any other unforeseen event beyond the reasonable control of the parties... whether in ports of loading and/or discharge, preventing or delaying ...loading, discharging or receiving of the cargo are excepted and neither of the parties shall be liable for any loss or damage resulting from any such excepted causes.

The time lost by reason of such excepted causes mentioned above in this clause shall not count as laytime or time on demurrage either at port of loading, port of discharge or both.

TRANSACTIONS

INSURANCE

• War, civil war, revolution, rebellion, insurrection, or civil strife arising therefrom, or any hostile act by or against belligerent power

• Capture, seizure, arrest, restraint or detainment, arising from risks covered under the above and the consequences thereof or any attempt thereat

• Derelict mines, torpedoes, bombs or other derelict weapons of war

INSTITUTE WAR CLAUSES

INSTITUTE STRIKES CLAUSES• Strikers, locked-out workmen, persons taking part in

labour disturbances, riots or civil commotions

• Any act of terrorism being an act of any person acting on behalf, or in connection with any organisation which carries out activities directed towards the overthrowing or influencing, by force or violence, of any government whether or not legally constituted

• Any person acting from a political, ideological, or religious motives.

RISKS AND PROBLEMSSHIPPING:• UNSAFE PORT• WAR CLAUSES IN FORCE• P&I PROBLEMS• LATE/NON-DELIVERY • UNCLAIMED CARGO

TRADING:• FORCE MAJEURE CLAUSES• TRANSACTIONS PROBLEMS• CARGO INSURANCE ISSUES

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