Gray Page says Ebola outbreak could have operational impacts for the shipping industry “deep into 2015” and even though crews face extremely small risks if common sense precautions are taken, the disease’s outbreak and measures taken to stem its spread could have other ramifications. Gray Page says “Unfortunately, contractual disputes between owners, charterers, shippers and receivers are an almost inevitable consequence of the growing restrictions on ships trading to and from ports in Ebola-affected countries" The restrictions are likely to increase for ships calling in an Ebola-effected country and also could lead to contractual problems for owners.
“Standard charterparties do not contain clauses specifically drafted to deal with Ebola-affected ports. Whilst fever and epidemic clauses can be drafted, where they are absent from a charterparty there are a number of issues that can arise,” Gray Page said.
In time charters, owners may be protected by the contract’s safe berth warranty, but the presence of the virus near the port may not be enough to make it unsafe under the contract.
Check your Liberty clause
In voyage charters, owners and charterers may wish to check if charterparties contain a so-called Liberty covering deviations.
Owners should also ensure that potential delay and off-hire caused by Ebola measures.
Crew changes should be avoided in Liberia, Guinea or Sierra Leone, and shore leave should be prohibited.
Dry Bulk Shipping News - Shipbroker Notes