Most of you have probably heard about the almost week-long blockade of the Suez Canal by the container ship Ever Given. As a result, over 400 ships were waiting to transit the canal. In normal conditions, an average of 50 ships pass through this route per day. The transport of cargo (oil, gas, grain, everyday goods and perishables) has been significantly delayed. And this means that the owners of the goods will be entitled to compensation claims worth millions.
The question is who to ask for payment?
✅ According to the United Nations Convention on Contracts for the International Carriage of Goods, in whole or in part, by sea from 2008, as in the CMR Convention - the shipowner / carrier is released from liability if he proves that the event occurred as a result of ❗ force majeure ❗ for example, a very strong wind caused the ship to move across and block the 295 m wide canal.
✅ In this case, however, voices prevail that it was a ❗ error of the ship's captain. ❗ Therefore, in accordance with the UN Convention, the carrier is responsible for the actions or omissions of the ship's captain or crew. ❗ This is a situation analogous to the liability of the owner of a transport company for the actions or omissions of the truck driver. ❗ It should be added that the ship's captain is responsible for the ship, not the captain of the pilot unit.
✅ The owner of the container ship is the Japanese company Shoei Kise and all claims should be directed to it (or its insurers). Even if the aggrieved party submits claims to the insurers of the goods (from CARGO), the Insurance Companies will ultimately - after the payment of compensation - take recourse to the shipowner.