Galloway Johnson Tompkins Burr & Smith maritime attorneys Jason Waguespack and Andy Waters of New Orleans have been published in The Arbitrator, the quarterly and respected industry publication of the Society of Maritime Arbitrators. With law clerk Fraser Mitchell assisting with valuable legal research, Jason and Andy offered their commentary on a recent arbitration award secured for one of their clients and provided valuable insight on its impact within the maritime legal field.
SMA Ruling on Safe Berth Obligations
The Society of Maritime Arbitrators (SMA) recently reaffirmed that under the U.S. Supreme Court’s ruling in The Athos I, contractual language in a charter party can effectively allocate safe berth obligations between parties. The case involved a dispute between the disponent owner and the charterer over nearly $90,000 in tug assistance costs incurred during discharge in Belle Chasse, Louisiana.
The SMA Panel denied the owner’s claim, holding that express terms in the charter placed responsibility on the owner to be aware of and account for port restrictions, including those triggered by high river conditions, such as the tug assistance requirement at issue here.
Maritime stakeholders should be aware that detailed charter party clauses can override general warranties of safety. While the owner argued the berth was unsafe due to the need for tug and pilot assistance, the SMA Panel determined such conditions were foreseeable and fell under the owner’s contractual duty to ensure the vessel’s safety. The ruling focused narrowly on the controlling effect of negotiated contract terms, sidestepping broader international legal conflicts regarding the allocation of tug and pilot costs in the absence of contractual language on point.
The case offers guidance for vessel owners and charterers performing voyage charters in U.S. ports subject to dynamic navigational conditions.
Find their full article in the Volume 55, no. 1 edition of The Arbitrator.
Galloway’s Maritime Practice
Regionally positioned across the Gulf and Atlantic coasts, Galloway delivers result-driven representation with eight of its thirteen offices located in key port cities. Maritime has been a foundational practice area of the Firm since its start in New Orleans, and years of success in blue and brown water matters are a testament to the Firm’s reputation and maritime expertise.
From vessel owners to charterers, Galloway has partnered with their clients on a wide range of regulatory, arbitration, and litigation matters. The Firm’s Emergency Response Team stands vigilant 24/7 to provide immediate representation in investigation, evidence preservation, and legal counsel for maritime casualty.
Jason Waguespack maintains an active maritime practice in addition to his responsibilities and leadership as Galloway’s Managing Director. With over 30 years of experience, he understands that many maritime claims start with an emergency – a vessel arrest, a collision, a personal injury, an oil discharge – that requires immediate attention. Jason and his team are adept at rapid response to these emergencies and are experienced with the handling of such matters from the rapid on-scene investigation through the trial.
Andy Waters focuses his practice on representing and advising multinational shipping companies, insurers, and underwriters in matters regarding international law and maritime and admiralty litigation. He assists in litigating suits that arise out of vessel collisions and allisions, cargo claims, charter party disputes, personal injuries, and regulatory matters. Striving to offer practical and tailored solutions to his clients, Andy understands that no two legal issues are the same and approaches each matter with positive outcomes in mind.
With a proven record in complex maritime disputes, Galloway continues to go way above and way beyond through industry forums like The Arbitrator, offering the knowledge and responsiveness clients need to protect their interests at sea.
