Athos 1 – An Insider’s Perspective

Maritime Attorneys Christopher Nolan and Robert Denig co-wrote an article for Gard about a recent Supreme Court case that ruled safe berth/safe port clauses commonly used in maritime contracts must be construed as an express warrant of safety. This means that the charterer in such a contract has an absolute duty to select and provide a safe berth. Their article analyzes the implications of the ruling on the maritime industry; describes three important considerations for owners, charterers and insurers reviewing their own charters in light of the case; and discusses the ruling in the context of the COVID-19 pandemic.

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