Fending Off a Deadlock: How Yokohama Fenders and LOIs Can Save Your Port Call

"Fending Off a Deadlock: How Yokohama Fenders and LOIs Can Save Your Port Call"

Three Questions to Spark Curiosity:

• Can fenders really help you avoid costly delays during a berthing conflict?
• What are the risks of using soft seabed areas for mitigation?
• How should you draft an LOI to balance urgency with legal protection?

 

Detailed Clause Breakdown:

In a recent operational standstill, Contilines proposed a practical workaround to mitigate port damages and avoid further delay:

“Arrangements will be made to put Yokohama fenders to create a bigger spacing between quayside and vessel and benefit from more depth. The nature of the seabed is soft mud. Chrts will arrange an UWI to detect any damages.”

Explanation:

This clause outlines a tactical solution to a berthing deadlock:

1. Yokohama Fenders: Inflatable cylindrical fenders designed to absorb berthing energy and increase standoff distance between the vessel and quay.
2. Soft Mud Seabed: A naturally forgiving surface, but risky for prolonged or unverified berthing due to potential grounding or unseen obstructions.
3. UWI (Underwater Inspection): A proactive measure to detect potential hull or seabed damages before they escalate into claims.

Implications & Pitfalls:

• Legal & Liability Risks: Without an LOI (Letter of Indemnity), owners may be exposed to damage claims if the seabed causes harm.
• Operational Hazards: Using untested areas—even with soft mud—can cause unseen damage to hulls or propellers.
• LOI Complexity: The wording of the LOI must be watertight, accounting for indemnity scope, duration, and jurisdiction.

Example LOI Language (Basic Template):

"We, the Charterers, hereby undertake to indemnify the Owners against all consequences and liabilities arising from the vessel berthing with Yokohama fenders in an area where the seabed is soft mud, including but not limited to any damages sustained by the hull or underwater appendages, provided such berthing is carried out with due diligence and subject to an underwater inspection post-operation."

Relevant Precedents & Commentary:

• BIMCO Guidance: BIMCO recommends clarity in indemnities and advises against vague LOIs. Using their standard LOI templates is advisable, with case-specific adjustments.
• The “Sagga” [1992]: A cautionary example where improper LOI wording led to prolonged litigation over grounding liability.

 

Actionable Steps for Operators, Managers, and Charterers:

1. Risk Assess: Consult port authorities and class societies before approving berthing on soft mud.
2. Confirm Fender Specifications: Ensure the Yokohama fenders used are appropriate for the vessel size and load.
3. Draft LOI Carefully: Use legal counsel and BIMCO templates. Clearly define scope, timeframe, and applicable law.
4. Schedule UWI Pre/Post: Confirm underwater inspection before and after berthing to document vessel condition.
5. Communicate & Record: Keep transparent logs of all communications and decisions made under operational pressure.

 

Conclusion & Call-to-Action:

Navigating operational deadlocks requires a fine balance between practicality and protection. Smart use of fenders, seabed assessments, and solid LOI wording can keep your vessel moving without exposing your company to unintended risks.

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Disclaimer:

This post is for informational purposes only and does not constitute legal advice. Always consult maritime legal professionals when drafting LOIs or interpreting charter party clauses.