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BIMCO, INTERCARGO and INTERTANKO welcome the ruling by the highest court in the United States on 30 March 2020 concluding that the plain meaning of the safe-berth clause in the Athos I dispute includes an unambiguous warranty of safety.
At times of port restrictions and situations where a crew may be infected or fall ill with COVID-19, it has become apparent that the obligations and rights of contracting parties need to be clarified. The main takeaway from the situation is that parties to a contract should communicate and cooperate when problems arise. Pandemic restrictions are a reality and must be complied with.