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Vessels can be considered unseaworthy not just due to their physical state –
which has been the traditional yardstick – but for breaching the
International Management Code for the Safe Operation of Ships and Pollution
Prevention or ISM Code.
Since the Code provides standards for the safe management and operation of
ships, rather than being concerned with their physical attributes, the mere
fact that a ship has the necessary certificates is not conclusive proof of
seaworthiness.
“If a vessel is deemed unseaworthy because of failure to comply with the ISM
Code, a carrier will not be able to take advantage of any of the exceptions
in the bill of lading and it will seriously impact on marine insurance
claims,” said Jeremy M. Joseph, a lawyer.
And it is not just enough to produce the ISM Certificate. “Owners must show
that they have followed procedures and everything is properly documented
according to the Code. These are the current expectations,” he said.
Expectations of Seaworthiness is one of the main topics to be discussed at
the National Maritime Conference themed Malaysia as a Maritime Nation:
Meeting Expectations, jointly organised by the Bar Council and
Attorney-General’s Chambers in Kuala Lumpur from March 8-March 10.
The conference hopes for the various components of the Malaysian maritime
industry to come together to re-affirm professional and skilled resources
within Malaysia and address deficiencies within the maritime sector.
National Maritime
Conference
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