COVID-19 and Dredging Industry – Part VI

Posted by : Sajith Sreedharan on June 18th, 2020 in Strategic Advise And Management Support

[The following questions raised by the dredging industry for clarification. The clarification of the author is based on his personal opinion and the same cannot be construed as legal or contractual reference. This series is meant only to share knowledge with the industry] 1. What is the effect of Covid-19 on the Dredging industry? No sector or industry except essential services remains unaffected by Covid-19. Port dredging work remains largely unaffected, unlike inland waterways, river dredging and dredging of closed water bodies that are largely affected. At many ports across the globe, work is uninterrupted. They have adopted precautions issued by their flag state authorities. Dredging work could have halted if the port had experienced complete lockdown by closing its navigational channel. However, globally it was observed that port dredging work, both maintenance and capital, remained fairly unaffected. This was because the port management cannot afford formation of a plume […]

COVID-19 and Force Majeure–Part V

Posted by : Sajith Sreedharan on June 17th, 2020 in Strategic Advise And Management Support

India has been under a national lockdown except for essential services. We are entering the 42nd day of the lockdown as we draft this blog. Globally, most of the nations have declared lockdown which has resulted in jeopardizing the supply chain and logistics affecting domestic,international, multi- party contracts and cross border contracts. This effect could result in an unprecedented and an unforeseen potential surge in contractual disputes due to temporary suspension of performance under “Force Majeure”. This event explicitly provides what is beyond the reasonable control of the affected party or was not reasonably foreseen. It is essential to determine if Covid19 will qualify as a Force Majeure event. This will depend on the language of definitions adopted in the contract under the Force Majeure clause. The definitions, in the said clause, should be inclusive of an outbreak of diseases/pandemic to make Covid 19 qualify as a Force Majeure event. […]

COVID-19 Vs Post Lockdown – Part IV

Posted by : Sajith Sreedharan on May 20th, 2020 in Strategic Advise And Management Support

Business Continuity Strategies in a post-COVID World In a little over 4 months, COVID 19, the disease caused by the novel Coronavirus has become a serious international public health concern. To minimise its effects on the health and mortality of their citizens, many countries have declared national lockdowns, a difficult choice that has led to a virtual standstill of economic, business, and social activity. As of 18th May 2020, India had been in lockdown for almost over 56 days. Since the beginning of the lockdown declaration, the Narendra Modi-led Government has periodically reviewed the situation to determine if and when lockdown conditions can be relaxed to allow businesses to commence their operations. However, following expert analyses on the economic impact of COVID19 by organisations such as the World Bank (WB), International Monetary Fund (IMF) and Asian Development Bank (ADB), it is evident that the current slowdown will remain the ‘new […]

COVID-19 and FIDIC – Part III

Posted by : Sajith Sreedharan on May 20th, 2020 in Strategic Advise And Management Support

A Short Guide to the FIDIC Contracts amid the Covid 19 Pandemic On January 30, 2020, the World Health Organization declared the COVID-19 crisis – a pandemic that is time-dependent and geography-independent – as a “public health emergency of international concern”. , This statement followed by the declaration of national lockdowns by several federal and state-level Governments all over the world have jeopardised thousands of commercial contracts in almost every industry. In general, contracts could be governed by well-drafted FIDIC clauses. They could also be based on any standard international format. Alternately, contracts could be completely ‘bespoke’, i.e. tailored to fit the specific requirements of a particular project. This article focuses on FIDIC contracts and the effects of the COVID-19 crisis on these particular types of contracts. Bespoke contracts, governed by Section 56 of The Indian Contract Act, 1872, are beyond the scope of this article. Almost all FIDIC contracts […]

COVID-19 and Commercial Contracts – Part II

Posted by : Sajith Sreedharan on April 22nd, 2020 in Strategic Advise And Management Support

Often, pandemic outbreaks – whether completely of unforeseen or reasonably- anticipated – are geographically-independent and experienced by only a few regions or countries. They also tend to be time-dependent, working themselves out – usually due to the availability of a cure or the development of ‘herd mentality’ – after a certain period of time has elapsed. The COVID-19 pandemic is an exception to both these general rules of history due to its geography- and time-agnostic trajectory. With dozens of countries declaring national lockdowns and emergencies, several areas of citizenship as we know it have been affected – from political and legal to medical, educational, and even social. In this blog, we focus on the pandemic’s effect on commercial life, specifically on contracts and their non-performance in the present economic and human crisis. In particular, we analyse the significance and impact of the COVID-19 crisis on commercial contracts with respect to […]

COVID-19 and Commercial Contract

Posted by : Sajith Sreedharan on April 8th, 2020 in Strategic Advise And Management Support

Outbreak of unforeseen and or reasonably anticipated Pandemic swept industries both manufacturing and services alike, affecting the performance of contracts of former heavily than the later. Pandemic is characterized as time dependent but geographically independent, however due to prevalence, the time dependent resulted to be longer than anticipated. With developing and developed nations declaring lockdown and emergency, non-performance of contracts due to impossibility gains significant importance. Notwithstanding many Nations declared pandemic as “Force Majeure”, it is reasonably foreseen that dispute between parties and litigation shall linearly increase. Therefore in the present economic / human crisis, we analyze, the significance and impacts on commercial contract. Commercial Contracts reiterate that impossibility of performance of the contract works by a contractor will not, in general, relive him from liability in damages for breach of performance, save and except under exemptions. If, however the impossibility to perform his contract arises from a cause that […]

Smart Ports: The Generation Next of Maritime gateways

Posted by : Sajith Sreedharan on May 31st, 2019 in Strategic Advise And Management Support

Designation : Managing Director

Ports around the world are critical logistics centres for their host countries. Nearly 90% of the world’s cargo is transported by sea with more than half of that being containerised cargo.  According to the Ministry of Shipping (India), around 95 per cent of India’s international trade by volume and 70 per cent by value is moved by some form of maritime transport. The volume of Indian trade handled by its ports is expected to reach 1,695 million metric tonnes by 2021-22, according to a report of the National Transport Development Policy Committee. To keep up with the ever-growing demand (global and domestic), ports, and the supporting logistics industry must modernize and digitalize.  They must adjust to the world of tomorrow. This means expansion, modernization and automation of their infrastructure and services, they must change into being SMART ports.  A SMART port takes advantage of a range of technologies to enable […]

International Ship and Port facility Security (ISPS) Code

Posted by : Capt. Arun Karkare on May 14th, 2019 in Strategic Advise And Management Support

Designation : Technical Consultant (Projects)

Introduction Few events in recent history have shaped the course of the future like that of September 11th, 2001 attacks on the United States of America. The events of that fateful day not only shook the US, but also the economies of other countries around the world. Recognizing the vulnerability of countries through gateway ports for terrorist attacks, the International Maritime Organization (IMO) made adoption of International Ship and Port Security (ISPS) code mandatory. The code was made applicable on all vessels of 500 gross tonnage and above engaged in international voyages, and all ports from July1st, 2004. According to guidelines, ships and ports without ISPS code compliance would not be allowed to operate after July 1st ,2004. ISPS security levels There are 3 levels of security have been implemented basis this code; Security level 1 (Normal)- The level for which standard security measures shall be maintained at all times […]