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NEWS INTELLIGENCE ARCHIVE
03 AUG 2026 MONDAY
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The situation The shipping world is facing a significant challenge following the outbreak of the Ebola virus, with potentially dramatic implications for shipowners involved in trade to and from Western Africa. The legal implications may vary from case to case depending on the underlying contract, and more specific advice should be sought from your respective Business unit of entry. However, in order to give a general overview, this article may be of interest. Below you may find likely anticipated scenarios and the implications under English law. Possible scenarios and implications Scenario 1 The vessel (either due to the owners or the crew) refuses to enter a port that is allegedly Ebola infected Here the principle of safety of ports (see e.g.  Unsafe ports and berths: Charterers' defence ) may apply. In the given context a port will probably not be safe if it exposes the crew to an imminent risk of contraction of the Ebola virus that cannot be avoided by taking appropriate measures. This is rather a question of facts than of law and medical advice should be sought. For this first scenario we will imply that the port is indeed unsafe. Under a time charter, a port can be unsafe at the time the order was given (rendering the order invalid and owners have grounds for the refusal), or become subsequently unsafe, i.e. after charterers have given the initially valid order to proceed to a port which only thereafter became affected by the virus. In the latter case owners can refuse the subsequently invalid order and charterers will have to give fresh and safe port-orders. Please note that frustration of a time charter will probably not be arguable as charterers can give new orders (absent impossibility or radically different performance in absence of breach of either party, for more details see  Frustration of a charterparty ). -  The position under a voyage charter party would be different. The charter may be found to have been frustrated, i.e. it can be ter
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pi_circular Skuld ·2014-08-21

Ebola virus: Charter and bill of lading issues arising from the outbreak

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