ABSTRACT
Neither the ISMC nor the STCW 1995 is directly concerned with the shipowner’s commercial or contractual relations with third parties. They are, however, expected to have some significant effects on certain areas of maritime law, and seaworthiness provisions in marine insurance is one of them. In particular, the STCW 1995 lays down standards as to the implied warranty of seaworthiness and both instruments make available to underwriters a large quantity of documentation which can be used to satisfy their burden of proof in unseaworthiness allegations. Furthermore, the STCW 1995 makes it difficult for the assured to turn ‘a blind eye’ to certain aspects which might render the insured vessel unseaworthy and the ISMC is expected to assist the insurers by shifting the burden of proof from the underwriter to the assured when a s 39(5) situation arises.
