Originally from Navigating Maritime Arbitration: The Experts Speak

Preview

There is an ongoing debate concerning whether comparative fault should apply to the contractual safe port/safe berth warranty in charter parties. The differing views on this topic appear in the two papers below, the first by Armand M. Paré, Jr. and the second by Don P. Murnane, Jr. The first presentation outlines the view that a claim of unsafe port requires a showing that the unsafe port condition could not have been avoided by prudent seamanship. The second presentation outlines the view that comparative fault should be applied to the safe port warranty in appropriate cases.