Given the claims values involved where cargo or containers are damaged, allegations of unseaworthiness inevitably arise after an incident irrespective of class approvals. If a vessel which has all the necessary class certificates nevertheless has an incident caused by items verified by class, the liability would remain with the shipowner if the vessel is found to be unseaworthy following an investigation. Different jurisdictions may also implement different carriage of good by sea (COGSA) laws mandatorily by statute, which may impose a different standard of seaworthiness. This means that a shipowner must have taken all reasonable precautions to ensure that the vessel is properly manned, equipped, and suitable for the cargo service. “The carrier shall be bound before and at the beginning of the voyage to exercise due diligence to make the ship seaworthy, properly man, equip, and supply the ship, make the holds, refrigerating and cool chambers, and all other parts of the ship in which goods are carried, fit and safe for their reception, carriage and preservation.” For example, Article 3.1 of the Hague/Hague-Visby Rules provides: Most bills of lading and charterparties incorporate a paramount clause such as the Hague/Hague-Visby Rules which reduces the standard of seaworthiness to one of due diligence. The seaworthiness obligation also extends to the competence of the crew on board the vessel. encounter the ordinary perils contemplated for the voyage, andĪs an example, the NYPE charterparty requirement is for the vessel to be “tight, staunch, strong and in every way fitted for the service”.Broadly speaking, seaworthiness is the fitness of the vessel to Under common law, the seaworthiness obligation is absolute and non-delegable. Contracts of carriage include both bills of lading and charterparties. In today’s article we will look at some technical and legal aspects of this trade and more importantly, share some of the issues that owners and their crew are likely to face.Ī vessel owner is obliged to provide a seaworthy ship to carry goods by sea. The transportation of containers on bulk carriers is not a new trade phenomenon and our article published in 2000 covers some of the issues in such conversions. Are conventional bulk carriers suitable to carry containers? This question has been raised by several industry bodies in recent weeks and in this article we will look at the technical and legal implications of such conversions.

Container stowage manual