Shipping has been in wait and see mode for the past four days. Well, they waited, they saw, and it seems that a tipping point has been reached. We can expect further diversions from tankers and bulkers to emerge over the next 24 hours. This was not just a question of whether the Houthis were suitably hobbled by the US and UK air strikes — this was about balancing physical and legal risk against cost and hoping that someone else would make the decision for them. The owners were waiting for the charterers to blink. We are just running taxi service here, they argued. And don’t forget the Red Sea is not officially a war zone, so basically, we don’t have a choice here — it’s up to the charterer, they shrugged. The charterers, however, disagreed. They know that the owners could refuse orders if they believe that it is unsafe, but they haven’t, and until they do so, the charterers aren’t going to be the ones that land themselves in the realm of legal risk once all sides start arguing who foots the bill. It is a difficult legal argument to refuse a voyage when insurers are still prepared to insure a voyage. The legal stand-off between owners and charterers, however, is likely to be resolved one way or the other by the insurers now because, over the past 24 hours, rates have been rising significantly. What was 0.75% Friday is currently 1% as of Tuesday, with the market yet to settle, and every possibility it could climb further. At those levels, the decisions to take the hit and go the long way round become much easier for everyone. We have already seen Shell finally follow BP in pulling its ships out and, according to the off the record conversations we have been having with major traders and charterers today, it seems likely others will now follow. Different companies, of course, have different risk acceptance levels and there are plenty who are still prepared to take the rewards that come with higher risk. In the wake of the latest attacks, it seems clear that the Houthis have not been cowed — quite the contrary — they expanded their scope to include any ship with a US or UK nexus. They are also expanding the geographical scope of the danger zone, making it increasingly difficult for the navies, who are having to spread their already limited assets over a wider area. All this could change again overnight. A ceasefire in Gaza could yet make all this go away. A miscalculated missile could escalate things even further. One way or the other, shipowners and charterers have to make a call on how much risk they are prepared to endure.
This is compounded by the maritime security industry making money by giving poor advice by insisting having armed security teams on board is a mitigation measure thus making operators/owners chose profit over seafarers safety. The maritime security industry knows that by giving the correct advice of not using the Red Sea route will result in no work for the security teams.
Richard excellent points but what has been mentioned in media PAY AS YOU GO - and a few carriers still operating though some with Naval escort -
I observe the reference to "if the Israel/Gaza war ends," which aligns with the Houthis' narrative. A more comprehensive statement would involve considering an end to hostilities if Iran ceases to fund terrorist organizations.👍
Money > People as always. Would it be a difficult legal argument if the decision was made to reroute based on safeguarding seafarers lives?
In the case of a missile hitting a crude- or cpp tanker, in the bab el-Mandeb strait area, I am wondering and politely asking, Who will be in charge of: . Be the first responder (a border country; a task Navy force; other assembly) ? . Paying the ultimate bill of contention, cleaning, remediation of spill & pollution? . Being the "police" of the area, to let the people do their job ? Do we have a maritime police, Navies have a different approach to rioters....?? Image: Wikipedia
I still do not hear how the seafarers are part of this decision making process?
"A ceasefire in Gaza could yet make all this go away." - Giving in to the demands of terrorists and kidnappers never works out. What will be the next issue the Houthis decide to try to hold the world hostage over?
Economics always has a way of bringing people to their senses. A tipping point? Thousands dead and it is fair do’s.
Solicitor Advocate of England & Wales - Consultant to NorthStandard FD&D/P&I
1yThe legal position as between owners and charterers under charterparties is far from plain sailing, as this depends on the particular terms agreed and the material facts of the case, Richard - I suspect the comparative cost economics of going via the Suez Canal or the Cape of Good Hope, and being seen to do the right thing to avoid imperilling seafarers unnecessarily, will tip the balance