pi_circular Geopolitical riskCompliance & regulation Japan P&I Club
Ukraine-Risk Management As to the attack of Russia to Ukraine, a circular has been prepared for Japan P&I Club by Mr. Toby Stephens, Ms. Jean Koh and Mr. Angus Edgell of HFW, a leading maritime law firm Holman Fenwick Willan LLP ( http://www.hfw.com/Home ). Please refer to the follows; THE UKRAINIAN SITUATION – Managing the risks This article is intended to give broad guidance on potentially relevant issues arising from the current situation in Ukraine. However, circumstances are changing quickly and Members should consider seeking Club advice on a case by case basis. Russian military were ordered into rebel held areas of Ukraine on 21 February 2022 followed by a full scale attack on Ukraine on 24 February 2022. Previously, on 15 February 2022, the Joint War Committee had added Ukrainian and Russian waters in the Black Sea and Sea of Azov as Listed Areas. The position is fluid and information can appear contradictory and is often unverified. We understand however that the current position is as follows: Ukraine has suspended all commercial shipping at its ports Russia has ordered the Sea of Azov closed for the movement of commercial vessels until further notice Russia's ports on the Black Sea remain open for navigation and use by commercial vessels Members operating in these areas will want to consider their rights and obligations under their existing and future contracts and identify any specific exposures that they may have. Can owners refuse to transit or call at a port in Ukrainian and Russian waters in the Black Sea/Sea of Azov? Where a charterparty contains a War Risk Clause (such as Conwartime or Voywar), depending on the wording of the specific clause, an owner may be entitled to refuse the order of the charterer to proceed to a war risk affected port, seek alternative orders from the charterer or even cancel the charterparty. The question to be answered is whether, in the reaso
Ukraine-Risk Management - Japan P&I Club
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