News 22 Mar, 2022 Ukraine Conflict and Charterparties - FAQs Nicola Cox Head of Defence Claims In light of the current situation in Ukraine many Members are understandably contacting the Club to ask for advice. The below summary aims to give broad advice in response to the questions we are most commonly asked. Download PDF The views expressed below are general and the contractual, cargo and factual circumstances will be different in each case. This note is therefore intended for general guidance only and should not be relied upon as legal advice. Should you require specific advice on a situation please contact us. 1) Can an owner refuse to sail to a Ukranian or Russian port and, if the vessel is already at a Ukranian or Russian port, can an owner leave the port/berth? a) Unsafe berth/port : Under English law there is no implied or common law obligation upon charterers to ensure that the berth/port they nominate is safe for the vessel, her crew and her cargo. However, owners will still have legal obligations to the crew, to cargo interests and to H&M and P&I insurers, to ensure their interests are safeguarded. Because no implied or common law obligation is imposed upon charterers under English law, an express safe port/berth warranty is usually included in the charterparty as an express contractual obligation, eg NYPE 2015, cl 1 (“ Trading limits – The Vessel shall be employed in such lawful trades between safe ports and safe places within the following trading limits … ”). It may also be extended to included anchorages and places. i. How is “danger” assessed - when will a port be “unsafe”? Where an express safe port clause is included in the charterparty, the classic test under English law is set out in The Eastern City [1958], namely that a port will only be safe if “the particular ship can reach it, use it and return from it without, in the absence of some abnormal occurrence, being exposed to danger which cannot be avoided by good navigation and seamanshi