Review of pilotage processes and indicators in pilotage organisations

Legal Disputes under Time Charter in Connection with the Stranding of the MV Ever Given

“…Adăscăliţei [36] focused on the whether the owner of the vessel operates a liner service, or a charter undertakes that his vessel, while performing its obligations under the contract of carriage, will not deviate from the contract of carriage. Kunnaala et al [37] reviewed usage as a guideline for developing a pilotage process model and indicators for measuring the effectiveness and quality of the pilotage process. Lee and Kim [38] included wide comparisons of other special provisions with the existing time-charter by basing it on "Supply Time 2005", which is the worldwide standard form of time charter in the offshore support vessel market, and its investigation, aiming to provide practical guidance and procedures for the implementation of arbitration and applicable law issues in legal disputes between parties.…”

“…The pilot is not held responsible for any damages sustained during transit owing to his advice since the master or his deputy is the sole responsible for the ship." Nonetheless, there exist implied obligations for both the captain and the pilot, such as the obligation to share information in real time regarding distinct weather changes, shallow water effects, bank effects, etc., that could occur in narrow channels such as the Suez Canal, as well as the obligation to get a grasp on the vessel's situation through the appropriate use of duty officers and helmsmen who are assigned to the bridge [37,67]. Therefore, if negligence in navigation (resulting from the concerned parties' negligent management of the vessel) is proven to be the direct cause of the accident in the future, it is judged that there will be liabilities for each subject; moreover, the "perils of the seas rivers lakes or other navigable waters", which is contained in Clause 6, paragraph 1 of the English Institute Time Clauses-Hulls, 1983 [68], as well as the "negligence of Master, Officers, Crew or Pilots" in Clause 6, paragraph 2 (3), are included in the perils covered [69,70].…”