Amicus Brief to U.S. Supreme Court – Safe-Berth Clauses

NAEGA members are welcome to join our work to provide for an Amicus Brief to the U.S. Supreme Court Review of Safe-Berth Clauses in Voyage Charter Agreements re: CITGO Asphalt Ref. Co. v. Frescati Shipping Co. under a Common Interest Agreement (CIA). At issue is the interpretation and scope of the safe berth clause that appears in all charter party agreements. A split has 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. A split among the circuits is one of the strongest bases for granting Supreme Court review. The parties filed a letter granting blanket consent for amicus briefs, which will make things easier for NAEGA to help assemble and submit a brief by the deadline of July 16, 2019.

In a fashion similar to our approach to trade remedy (Anti-Dumping and Countervailing Duty) and other litigation that requires the sharing of information, participating NAEGA Member companies will work via Special Interest Group (SIG) to provide of the Brief.

Please let Gary Martin (gcmartin@naega.org) know if your company would like to be included in the work to provide for an amicus brief to the U.S. Supreme Court Review of Safe-Berth Clauses in Voyage Charter Agreements by June 21.

In a fashion similar to our approach to trade remedy (Anti-Dumping and Countervailing Duty) and other litigation that requires the sharing of information, participating NAEGA Member companies will work via Special Interest Group (SIG) to provide of the Brief. Please let Gary Martin (gcmartin@naega.org) know if your company would like to be included in the work to provide for an amicus brief to the U.S. Supreme Court Review of Safe-Berth Clauses in Voyage Charter Agreements by June 21.