Loss Prevention Advice
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The maritime industry, with its vast and intricate operations, occasionally faces extraordinary challenges that necessitate a deep understanding of specific legal principles. A recent article by maritime law expert Philip Teoh sheds light on the crucial concepts of general average and salvage, pivotal to navigating the complex waters of maritime operations.
Key Principles in Focus
The article begins by highlighting two recent high-profile maritime incidents: the Dali cargo ship's catastrophic collision with the Key Bridge and the Ever Given's infamous grounding in the Suez Canal. These events have thrust the concepts of general average and salvage into the spotlight, revealing their critical role in managing maritime crises.
General Average: A Historical Legal Doctrine
General average, a principle rooted in ancient Rhodian law, mandates that all stakeholders in a maritime venture share proportionally in any losses resulting from voluntary sacrifices made for the common good. This doctrine ensures that financial burdens from emergencies, such as jettisoning cargo to save a ship, are equitably distributed among shipowners, cargo owners, and charterers. Teoh's article delves into the historical evolution and modern application of this principle, underscoring its enduring relevance.
Salvage: Rewarding Voluntary Rescue Efforts
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A safety alert regarding DGPS signal loss offshore in the Persian Gulf, potentially linked to regional military activity.
A case of DGPS signal loss offshore in the Persian Gulf. The reported DGPS signal issue is potentially from the ongoing military activity in the Middle East, resulting in vessels not being able to meet the minimum number of position reference systems (PRS) for DP station keeping.
- All contracted DP2 offshore support vessels experiencing DGPS signal disruption from 13th June resulted in temporary suspension of DP operations.
- The issue has been widely reported in the region, impacting the normal DP operations of the vessels, with the potential to impact the offshore supply activities.
- Despite following the instructions from the service providers, the issue still exists. No impact was reported to the helicopter operations offshore.
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The IMO has adopted new amendments, effective January 1, 2026, that will require ships to report lost containers at sea,.
As announced, these changes require Masters to report both the loss and observation of containers without delay, ensuring timely communication with nearby vessels, coastal States and flag Administrations.
The amendments aim to improve navigational safety, environmental protection and the traceability of lost containers. The regulations apply to any ship carrying one or more freight containers, or that observes containers lost at sea. The amendments enter into force on 1 January 2026.
Key amendments
SOLAS Chapter V – Safety of Navigation
Adopted via Resolution MSC.550(108), the following provisions have been introduced:
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From September 1, 2005 to November 30, 2025, the Tokyo and the Paris Memoranda of Understanding (MoU) on Port State Control (PSC) will launch a joint Concentrated Inspection Campaign (CIC) targeting compliance with the International Convention for the Control and Management of Ship’s Ballast Water and Sediments, 2004 (BWM Convention).
Port State control officers will verify key areas, including certification, Ballast Water Management Plan (BWMP) approval and updates, crew familiarity, system operation, record-keeping, sediment management and exemptions.
Full advisory at the following link.
https://www.american-club.com/files/files/Press_release_2025_CIC_BWM.pdf