On 22 August 2013, Lloyd’s List published an article titled “MLC 2006: Who is the shipowner and why does it matter?” by Liz McMahon. The article says that the shipping industry asks for clearer rules of engagement by clearly defining the term “shipowner”. The MLC defines the term “shipowner” as follows: “the owner of the ship or another organisation or person, such as the manager, agent or bareboat charterer, who has assumed the responsibility for the operation of the ship from the owner and who, on assuming such responsibility, has agreed to take over the duties and responsibilities imposed on shipowners in accordance with this convention, regardless of whether any other organisation or persons fulfil certain of the duties or responsibilities on behalf of the shipowner”. This definition has caused confusion, leading both shipowners and managers to seek to clarify their roles. The article summarizes arguments from ship managers, shipowners, class societies and legal institutions on their understanding and how best to clarify the matter. The article concludes by saying that “Commercially, the answer is to agree clear contractual arrangements that detail which party will bear the costs of an MLC breach that may arise from delays caused by non-compliance”. To read the full article, please follow the link: lloydslist/ll/sector/regulation/article428242.ece
Posted on: Mon, 26 Aug 2013 08:11:58 +0000