Legal assessment of BIMCO’s infectious or contagious diseases (IOCD) clauses for voyage and time charter parties

Boviatsis, Michael

doi:10.1016/j.marpol.2022.105206

Cited by 3 publications

(3 citation statements)

References 25 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…While 64 needs attention, it is nearly as crucial as the crew training. The utilisation of timely and effective crew changes undoubtedly positively impacts crew performance and significantly reduces the chances of maritime accidents [37]. For more information, see Table 5.…”

Section: No Further Actionmentioning

confidence: 99%

Proactive Steps Towards Sustainable Shipping: Assessing Maritime Accidents of the Past to Prevent Similar Incidents in the Future

Boviatsis¹,

Vlachos²

2023

IJTDI

View full text Add to dashboard Cite

Environmental disasters can maliciously affect the property, human lives and entire ecosystems. The magnitude and extent of such a disaster can lead to uncertainty about the measurement and the extent of liability, and how the restoration of the environmental damage will be achieved. Oil spills from tanker vessels constitute the most severe threat to the local and global ecosystem in the shipping industry. when an oil spill incident emerges, it usually spreads rapidly, leading to massive disasters in the local aquatic ecosystem and human property without prompt treatment. This paper assesses the famous accident of Exxon Valdez: (i) to identify and measure the effect of each contributing factor to the accident, (ii) to determine the best solutions to minimise such risks in the future with the implementation of failure mode effect analysis in conjunction with the doctrinal method and at the same time (iii) to propose a new method of accident assessment by combining the doctrinal method with a variation of a well-known risk assessment method.

show abstract

Section: No Further Actionmentioning

confidence: 99%

Proactive Steps Towards Sustainable Shipping: Assessing Maritime Accidents of the Past to Prevent Similar Incidents in the Future

Boviatsis¹,

Vlachos²

2023

IJTDI

View full text Add to dashboard Cite

show abstract

“…Moreover, it is responsible for making the international supply chain able to satisfy the ever-increasing needs for the carriage of goods. Nevertheless, the COVID-19 pandemic disrupted the "daily routine" and forced shipping companies to adapt and alter their operational processes and systems (Boviatsis, 2022).…”

Section: Introductionmentioning

confidence: 99%

“…Although the sailors paid the highest price on board ships, almost all countries have closed their borders, ports, and airports due to the new coronavirus SARS-CoV2, making it impossible to replace them with other crews. Many sailors were also trapped in their homes and could not replace their colleagues (Boviatsis, 2022).…”

Section: Introductionmentioning

confidence: 99%

Implementation of Aggregated Response Plan to Effectively Protect Crew Health and Safety and Prevent Spread of Covid-19 Pandemic Aboard Ships

Boviatsis¹

2022

Trans. Marit. Sci.

View full text Add to dashboard Cite

The global outbreak of Covid-19 has had a severe impact affecting all maritime sectors. It caused a significant worldwide health and economic crisis with a wide-ranging impact on maritime transport and trade. During this period, access to essential goods and medical items was ensured mainly by the ability of the marine supply chain to adapt by developing systems and processes quickly. Thus, regulations and instructions were imposed in response to the pandemic to monitor and counter the spread and the ancillary effects. This paper aims to assess and codify all those maritime regulations and instructions hastily created to protect the crew's health and safety and prevent the spread of Covid-19 aboard ships. Initially, all relevant rules and countermeasures to crew health and safety are explored and evaluated under the exploratory research coupled with the analysis of the relevant regulatory framework. Then, methods and processes are being created and proposed to offer a composed reaction plan to each case where the effects and consequences of the pandemic may occur. The relevant regulations are the primary source of data and similar studies conducted presently, whose outcomes are used to create and justify the recommended processes and the steps that should be followed based on the special conditions of individual cases. The paper concludes that implementing standard processes and procedures, such as those provided by the analysis, will enhance the speed and the effectiveness of handling the pandemic. It is also concluded that proactive measures coupled with fast and efficient responses are critical for developing effective procedures.

show abstract

Comparative analysis of charter party clauses versus marine insurance contractual terms: present legal status and future trends

Boviatsis

2022

WMU J Marit Affairs

View full text Add to dashboard Cite

This paper aims to classify and assess the impact of charter party clauses against the contractual terms of marine insurance contracts. Initially, a contractual term may be classified as a condition, a warranty, or an innominate term when the nature of a clause is not yet classified. Based on this classification, the effectiveness of those terms and the available remedies vary significantly upon a contractual dispute or termination. Specifically, the classification of a term as a condition has similar effects in charter parties and insurance contracts, namely, the termination of the contract and/or claim for damages. Nevertheless, the marine insurance conditions also rely on the claim’s seriousness to effectively provide the election of contractual termination, thus rendering them rather weakened compared to charter parties. At the same time, classifying a term as a warranty always had a different impact. The classification of a term as a warranty in a charter party may only offer as a remedy compensation for damages, but not the option to terminate the contract. In insurance contracts, the classification of a term as a warranty provides the same options to the affected party as a term classified as a condition, namely, the termination of the contract and/or claim for damages. With the introduction of MIA 2015, the affected party, when triggering a warranty, has a third option, namely, to be able to amend the contractual relationship in case reasons of termination emerge, protecting at the same time the other party, rendering it irresponsible of any damages or claims until the contractual relationship is reinstated.

show abstract

Legal assessment of BIMCO’s infectious or contagious diseases (IOCD) clauses for voyage and time charter parties

Cited by 3 publications

References 25 publications

Proactive Steps Towards Sustainable Shipping: Assessing Maritime Accidents of the Past to Prevent Similar Incidents in the Future

Proactive Steps Towards Sustainable Shipping: Assessing Maritime Accidents of the Past to Prevent Similar Incidents in the Future

Implementation of Aggregated Response Plan to Effectively Protect Crew Health and Safety and Prevent Spread of Covid-19 Pandemic Aboard Ships

Comparative analysis of charter party clauses versus marine insurance contractual terms: present legal status and future trends

Contact Info

Product

Resources

About