Law & Sea
I, indeed am Lord of the world, but the law is lord of the sea. Let it be judged by Rhodian Law, concerning nautical matters, so far as no one of our laws is opposed.
The Emperor Antoninus (138-161 A.D.)Digest of Justinian.
For our distant ancestors sea was not only a vast space of water, dangerous and mysterious, but it was also cultural and important trade link between kingdoms and nations, commercial cities and small towns. Sea trade in its turn, to prosper and grow, had to develop a set of commonly understood and clear rules, which formed the lex maritima - "the law for merchants on sea". Read more…
"However, this is not rocket science …"
… even taking this comment at face value, it does not, in my view, provide any reasonable basis or justification for withholding approval of the nominated vessel(s) under the charter: it is all a matter of proper planning and, if necessary, adjustment. That was the role of Capt Gilchrist as with any provider like SafeSTS i.e. to ensure a proper risk assessment and planning of the particular operation. In my view, therefore, this expressed concern was not a good reason for rejecting the Frontline Vessels and did not provide a reasonable basis for withholding approval of those vessels.
Per Eder, J., in Falkonera Shipping Co v Arcadia Energy Pte Ltd (The Falkonera) [2012] EWHC 3678 (Comm)