ABSTRACT

The Aegean Sea casualty has raised important questions of maritime legal principle in different legal systems. It is likely that the disputes about compensation, limitation of liability, time bars and execution of judgments in The Aegean Sea may run on for years. It is therefore a little ironic that one consequence of the decision in The Aegean Sea is that charterers may well need to take out extra insurance cover for their potential pollution liabilities if sued by shipowners. In The Aegean Sea the charter party entitled the charterer to nominate a European port and the bill provided for delivery “at the port of SPAIN”, although it was contemplated by all parties that delivery would be made at La Coruna. It can be said that the decision is of considerable importance to the maritime community, but it is doubtful if the master and pilot of the Aegean Sea can have appreciated how much legal debate their actions would cause.