In normal times, ships moving from ports in the Persian Gulf would not become fouled unless they are forced to wait due to congestion at the port or due to unavailability of cargo. However, when ports close and it becomes unsafe for move problems can occur.
The charter between a ship owner and operator deals with this and it sets out how fouling should be addressed. See our article on that here.
The current situation in the Persian Gulf has seen hundreds of ships become trapped and short navigational movements are often insufficient to address fouling. Plus, there is a reluctance to move and consume more fuel when bunkers are in short supply and expensive.
To make matters worse, the Persian Gulf is a high risk area for fouling. It has high water temperatures, high salinity, and high nutrient levels, which creates the ideal environment for rapid marine growth.
It follows that, even if those ships trapped inside the Persian Gulf can get out, we are expecting a spike in claims relating to hull fouling and speed and performance. The cost of cleaning the hull can be as much as US$60K and the consequences of not cleaning even higher as a heavily fouled bottom and propeller can increase a ships’ consumption of fuel by as much as 40% – that’s 40% more fuel needed – fuel that has now doubled in price!
The BDM team handles dozens of fouling and speed and performance claims for clients each year. We are well placed to assist clients who face legal issues arising from the ongoing problems in the Persian Gulf.
Nick Burgess
Partner
