July 2025 OUR OCEAN, OUR OBLIGATION, OUR OPPORTUNITY: CELEBRATING WORLD MARITIME DAY RISK WATCH | CONTENTS | 3 LEGAL SHIP OWNERS’ SALE OF CARGO IN EXERCISE OF LIEN FOR CHARTER PARTY FREIGHT NATALIE CAMPBELL, FLEET MANAGER, BRITANNIA P&I, LONDON 18 IS AN ARBITRATION CLAUSE IN A JONES ACT EMPLOYMENT CONTRACT ENFORCEABLE? JOCELYN MILLER, FLEET MANAGER, BRITANNIA P&I, NEW YORK LEGAL 20 2 | RISK WATCH | EDITORIAL June 2025 OUR OCEAN, OUR OBLIGATION, OUR OPPORTUNITY: CELEBRATING WORLD OCE ANS DAY Welcome to the latest edition of Risk Watch. In recognition of World Oceans Day, celebrated annually in June, this issue features guidance on reducing the risk of whale strikes at sea; an increasingly important topic as the industry balances operational needs with environmental responsibility. The 2025 World Maritime Day theme, “Our Ocean, Our Obligation, Our Opportunity,” resonates strongly as we explore how shipping activities can impact marine species. Although precise data is hard to obtain, it’s estimated that hundreds of whales are injured or killed each year due to vessel collisions. This edition provides reasons why whale strikes may occur and recommended practices to help reduce the risk of whale strikes. We’re pleased to feature an exclusive interview with the ITOPF, offering their expert perspective on pollution response and environmental preparedness in rel ation to alternative fuels. We’re proud to have launched our collaboration with international law firm HFW, with whom we have co-developed a suite of comprehensive guidance documents covering FuelEU, EU ETS, CII, and EEXI regulations. These resources are designed to support sh ipowners and charterers with practical, clear guidance on regulatory compliance. Finally, our feature on liquefied carbon dioxide (LCO 2 ) carriage provides essential advice for managing this emerging and complex cargo. From understanding its unique physical properties to addressing port infrastructure and operational safety, this article offers practical strategies to reduce risks associated with LCO 2 transport. We hope you find this edition insightful and useful. M EGAN DODD Editor CAN A CONTRACTUALLY AGREED CLAUSE OVERRIDE THE HAGUE / HAGUE VISBY RULES ONE YEAR TIME BAR? DIMITRIOS PONTIKIS, FLEET MANAGER, BRITANNIA P&I, COPENHAGEN LEGAL 22 OUR OCEAN, OUR OBLIGATION, OUR OPPORTUNITY: GUIDANCE FOR REDUCING THE NUMBER OF WHALE STRIKES ANTHONY GARDNER, LOSS PREVENTION MANAGER, BRITANNIA P&I, LONDON ADVICE 4 RESPONDING TO EVOLVING MARITIME EMISSIONS REGULATIONS DALE HAMMOND, FD&D DIRECTOR, BRITANNIA P&I, LONDON REGULATIONS 6 ADVICE 16 LCO 2 CARRIAGE CONSIDERATIONS FOR A DEVELOPING TRADE MUHAMMAD MAHADHIR, LOSS PREVENTION OFFICER, BRITANNIA P&I, LONDON REGULATIONS 10 HONG KONG CONVENTION COMES INTO FORCE ANTHONY GARDNER, LOSS PREVENTION MANAGER, BRITANNIA P&I, LONDON ADVICE 12 NAVIGATING ALTERNATIVE FUEL OPTIONS ANDREW LE MASURIER, ITOPF SENIOR TECHNICAL ADVISER 4 | RISK WATCH | ADVICE RISK WATCH | ADVICE | 5 Whilst exact numbers are impossible to define, it is estimated that hundreds of whales are injured or killed each year after being struck by ships. For some species of whale, such as the endangered North Atlantic Right Whale – of which only approximately 370 remain – human interactions such as ship strikes become even more significant. There are many reasons for the high frequency of ship strikes, but the most common are: • T he whales’ migratory paths and habitats coinciding with main shipping routes • W hale