Page 67 - Industrial Plants

the Delayed Ships would proceed to the discharge In order for the EPC Contractors
port where, because of the great number of ships and/or the International Freight
suddenly “released”, they might find congestion and Forwarders acting as Charterers to try
have to wait for their berth. The demurrage clauses and avoid the problems that a marine
in the HEAVYCON (cl. 13.a) and in the HEAVYLIFTVOY incident like this one might cause
(cl. 12) provide that time lost for congestion or for them, it is highly recommendable that
waiting for the berth shall count as laytime; thus the they pay the utmost attention to the
risk of delay is shifted upon the Charterer. provisions of the Charterparty they
intend to use and possibly negotiate
In conclusion, the provisions of both the HEAVYCON appropriate amendments
and HEAVYLIFTVOY standard forms appear to be
significantly unbalanced in favour of the Owners of
the Delayed Ship. Hence, in order for the EPC might cause them, it is highly recommendable that
Contractors and/or the International Freight they pay the utmost attention to the provisions of the
Forwarders acting as Charterers to try and avoid the Charterparty they intend to use and possibly
problems that a marine incident like the “Ever Given” negotiate appropriate amendments.

Enrico Salvatico

Enrico Salvatico, Partner of Studio Legale Mordiglia and insurance covers as well as handling complex litigation
current President of the Logistics, Transports and cases in multiple jurisdictions. Enrico’s expertise in that
Freight Forwarders Section of ANIMP, has a wide field emerged in the assistance given to a leading
experience in shipping and transport law, covering International freight forwarder in the management of the
casualties, charterparties, bills of lading and CMR Panama Canal Lock Gates Project and the relevant
disputes, ship and yacht sale & purchase as well as complex contractual issues and litigations.
cruise ships and passengers transportation. He assists Enrico developed an expertise also in the marine and
ship owners and P&I Clubs in administrative inquiries ports state property concessions affairs, assisting
and legal disputes arising from marine incidents primary shipyards in public tenders and litigation before
involving personal injuries, cargo claims, marine the administrative courts.
pollution, ship total loss and wreck removal. Enrico has been involved in the handling of major
Enrico specializes in the field of “Project Cargo” casualty cases over the last years like the Costa
shipments, offering advices and assisting both the EPC Concordia incident, following relevant investigations,
Contractors and the International Freight Forwarders in dealing with national authorities and international
all the stages of projects implementation around the organisations such as IMO for the regulatory aspects
world, including drafting contracts and tailored and handling the claims filed by the State bodies.

IndustrIal Plants - September 2021
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