Work by a Special Interest Group (SIG) of members has completed a NAEGA amicus brief to the U.S. Supreme Court Amicus on Safe-Berth Clauses in Voyage Charter Agreements re: CITGO Asphalt Ref. Co. v. Frescati Shipping Co. The brief can be found through this link. At issue is the interpretation and scope of the safe berth clause that appears in all charter party agreements. A split occurred between U.S. Circuit Courts - the Second and Third U.S. Circuit Courts of Appeal interpret the safe berth clause to essentially impose strict liability on charterer, versus the Fifth Circuit Court of Appeals that applies a much more flexible standard. There were two other amicus briefs filed on the same day also in support of the Petitioners all the relevant proceedings and submissions can be found here:
The oral argument has been set for Tuesday, November 5. The second case to be heard that day is another shipping-related case: the Blackbeard pirate ship copyright case.
NAEGA would like to thank the SIG members for their contributions and sponsorship of the NAEGA brief.