The “ACONCAGUA BAY” – Court clarifies the meaning of an “always accessible” berth

Chartering, Legal, Markets — By on April 4, 2018 at 10:26 AM

A warranty containing wording that a berth should be “always accessible” to a ship can be found in many dry cargo charterparties, including GENCON, HEAVYLIFTVOY, North American Grain Charterparty and Americanized Welsh Coal Charterparty. Whilst it is well-established that such a warranty extends to the vessel getting into the berth, the position with regard to the vessel departing the berth has been less clear. On 26 March 2018, the High Court handed down a succinct decision resolving this point of law.

Authors

Olga Kasatkina

Paralegal

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