IDEAS home Printed from https://ideas.repec.org/a/gam/jsusta/v13y2021i19p10559-d641464.html

Legal Disputes under Time Charter in Connection with the Stranding of the MV Ever Given

Author

Listed:
  • Jaeung Cha

    (Department of Logistics, College of Engineering, Korea Maritime and Ocean University, Busan 49112, Korea)

  • Jinwoo Lee

    (Korea Institute of Maritime and Fisheries Technology, Busan 48562, Korea)

  • Changhee Lee

    (Division of Navigation Convergence Studies, College of Maritime Sciences, Korea Maritime and Ocean University, Busan 49112, Korea)

  • Yulseong Kim

    (Department of Logistics, College of Engineering, Korea Maritime and Ocean University, Busan 49112, Korea)

Abstract

The MV Ever Given ’s stranding in the Suez Canal in March 2021 prompted renewed awareness of the heightened risk of marine accidents in narrow channels as global shipping companies continuously expand vessel sizes. However, there has been limited consideration of ways to improve accident response, and little analysis of future-oriented liabilities and damage compensation schemes for similar maritime accidents. First, key issues related to the Suez Canal stranding accident were analyzed based on web crawling using the R studio program (Version: R-4.0.5) to extract text data from unstructured format text (HTML tags). We designed the research questions to address the key issues/disputes, such as definitions of legal terms related to the Ever Given ’s stranding accident and the declaration of a general average (G/A), liability for maintaining seaworthiness, source of command authority over the captain, and liability for compensation for delay in delivery. Then, the liability of stakeholders was legally interpreted through causal inductive reasoning based on relevant legal theories and precedents. To help secure safe and sustainable shipping routes, this study demystifies the problems resulting from the side effects of the trend of ultra-large vessels based on technology bias, and will contribute to responses to similar accidents in the future.

Suggested Citation

  • Jaeung Cha & Jinwoo Lee & Changhee Lee & Yulseong Kim, 2021. "Legal Disputes under Time Charter in Connection with the Stranding of the MV Ever Given," Sustainability, MDPI, vol. 13(19), pages 1-25, September.
    • Handle: RePEc:gam:jsusta:v:13:y:2021:i:19:p:10559-:d:641464
    as

    Download full text from publisher

    File URL: https://www.mdpi.com/2071-1050/13/19/10559/pdf
    Download Restriction: no
    File URL: https://www.mdpi.com/2071-1050/13/19/10559/
    Download Restriction: no
    ---><---

    References listed on IDEAS

    as
    1. Tran, Nguyen Khoi & Haasis, Hans-Dietrich, 2015. "An empirical study of fleet expansion and growth of ship size in container liner shipping," International Journal of Production Economics, Elsevier, vol. 159(C), pages 241-253.
    2. Theophilus C Nwokedi & Eba Moses Ntor-Ue & Ifiok Okonko & Leonard Ndubuisi, 2018. "Assessment of Shippers and Ship Owners Ship and Charter Type Choice in the Wet and Dry Bulk Ship Brokering Market: Knowledge Guide for African Indigenous Ship Brokers," LOGI – Scientific Journal on Transport and Logistics, Sciendo, vol. 9(1), pages 70-82, May.
    3. Sung-Woo Lee & Jisung Jo & Sewon Kim, 2021. "Leveraging the 4th Industrial Revolution Technology for Sustainable Development of the Northern Sea Route (NSR)—The Case Study of Autonomous Vessel," Sustainability, MDPI, vol. 13(15), pages 1-12, July.
    4. Hong Zhang & Qingcheng Zeng, 2015. "A study of the relationships between the time charter and spot freight rates," Applied Economics, Taylor & Francis Journals, vol. 47(9), pages 955-965, February.
    5. Thi Yen Pham & Ki Young Kim & Gi-Tae YEO, 2018. "The Panama Canal Expansion and Its Impact on East–West Liner Shipping Route Selection," Sustainability, MDPI, vol. 10(12), pages 1-16, November.
    6. Michał Roman & Marta Wasiak & Monika Roman & Kamil Roman & Arkadiusz Niedziółka & Andrzej Krasnodębski & Sylwia Królak, 2021. "Essence of the Compensation Plan in the Process of Motivation in Multi-Level Marketing (MLM). A Case Study," Sustainability, MDPI, vol. 13(16), pages 1-27, August.
    7. Ricardo J. Sánchez & Daniel E. Perrotti & Alejandra Gomez Paz Fort, 2021. "Looking into the future ten years later: big full containerships and their arrival to south American ports," Journal of Shipping and Trade, Springer, vol. 6(1), pages 1-20, December.
    8. Olumide F. Abioye & Maxim A. Dulebenets & Junayed Pasha & Masoud Kavoosi, 2019. "A Vessel Schedule Recovery Problem at the Liner Shipping Route with Emission Control Areas," Energies, MDPI, vol. 12(12), pages 1-28, June.
    9. Pierre Cariou & Francois-Charles Wolff, 2011. "Ship-Owners' Decisions to Outsource Vessel Management," Transport Reviews, Taylor & Francis Journals, vol. 31(6), pages 709-724.
    10. Sung-Ho Shin & Paul Tae-Woo Lee & Sung-Woo Lee, 2019. "Lessons from bankruptcy of Hanjin Shipping Company in chartering," Maritime Policy & Management, Taylor & Francis Journals, vol. 46(2), pages 136-155, February.
    11. Ángeles Longarela-Ares & Anxo Calvo-Silvosa & José-Benito Pérez-López, 2020. "The Influence of Economic Barriers and Drivers on Energy Efficiency Investments in Maritime Shipping, from the Perspective of the Principal-Agent Problem," Sustainability, MDPI, vol. 12(19), pages 1-42, September.
    12. Panayides, Photis M. & Wiedmer, Robert, 2011. "Strategic alliances in container liner shipping," Research in Transportation Economics, Elsevier, vol. 32(1), pages 25-38.
    Full references (including those not matched with items on IDEAS)

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Yu, Yuerong & Liu, Kezhong & Fu, Shanshan & Chen, Jihong, 2024. "Framework for process risk analysis of maritime accidents based on resilience theory: A case study of grounding accidents in Arctic waters," Reliability Engineering and System Safety, Elsevier, vol. 249(C).

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Enrico D’agostini & Sohyun Jo & Maria Attard, 2024. "Chartering policies and operational efficiency of shipping lines: exploring strategic changes in response to the COVID-19 pandemic," Journal of Shipping and Trade, Springer, vol. 9(1), pages 1-21, December.
    2. Achilleas Tsantis & John Mangan & Agustina Calatayud & Roberto Palacin, 2023. "Container shipping: a systematic literature review of themes and factors that influence the establishment of direct connections between countries," Maritime Economics & Logistics, Palgrave Macmillan;International Association of Maritime Economists (IAME), vol. 25(4), pages 667-697, December.
    3. Antonis A. Michis, 2025. "On measuring competition in the ship management industry," Journal of Shipping and Trade, Springer, vol. 10(1), pages 1-18, December.
    4. Yanmeng Tao & Ying Yang & Shuaian Wang, 2025. "A Data-Driven Semi-Relaxed MIP Model for Decision-Making in Maritime Transportation," Mathematics, MDPI, vol. 13(18), pages 1-37, September.
    5. Nowińska, Agnieszka & Schramm, Hans-Joachim, 2021. "Uncertainty, status-based homophily, versatility, repeat exchange and social exchange in the container shipping industry," Journal of Business Research, Elsevier, vol. 128(C), pages 524-536.
    6. Asghari, Mohammad & Jaber, Mohamad Y. & Mirzapour Al-e-hashem, S.M.J., 2023. "Coordinating vessel recovery actions: Analysis of disruption management in a liner shipping service," European Journal of Operational Research, Elsevier, vol. 307(2), pages 627-644.
    7. Zhou, Yusheng & Li, Xue & Yuen, Kum Fai, 2022. "Holistic risk assessment of container shipping service based on Bayesian Network Modelling," Reliability Engineering and System Safety, Elsevier, vol. 220(C).
    8. Tobias Buer & Rasmus Haass, 2018. "Cooperative liner shipping network design by means of a combinatorial auction," Flexible Services and Manufacturing Journal, Springer, vol. 30(4), pages 686-711, December.
    9. Tan, Zhijia & Du, Liwei & Wang, Ming & Yang, Hai & Wu, Lingxiao, 2024. "Fleet sizing with time and voyage-chartered vessels for an oil shipping company under demand uncertainty," Transportation Research Part E: Logistics and Transportation Review, Elsevier, vol. 192(C).
    10. Quartieri, Federico, 2017. "Are vessel sharing agreements pro-competitive?," Economics of Transportation, Elsevier, vol. 11, pages 33-48.
    11. Haoqing Wang & Yuan Liu & Ying Yang & Ran Yan & Shuaian Wang, 2023. "Optimal Shipping Route under the Designation of the Mediterranean Sulfur Emission Control Area: Mathematical Models and Applications," Mathematics, MDPI, vol. 11(24), pages 1-21, December.
    12. Qiaoyu Peng & Chuanxu Wang, 2022. "Ship space sharing strategies with different rental modes: How does NVOCCs cooperate with booking platform?," Operational Research, Springer, vol. 22(3), pages 3003-3035, July.
    13. Junseung Kim & Kyungku Kim & Kum Fai Yuen & Keun-Sik Park, 2020. "Cost and Scenario Analysis of Intermodal Transportation Routes from Korea to the USA: After the Panama Canal Expansion," Sustainability, MDPI, vol. 12(16), pages 1-20, August.
    14. Marek Drliciak & Jan Celko & Michal Cingel & Dusan Jandacka, 2020. "Traffic Volumes as a Modal Split Parameter," Sustainability, MDPI, vol. 12(24), pages 1-21, December.
    15. Nikola Kutin & Zakaria Moussa & Thomas Vallée, 2018. "Factors behind the Freight Rates in the Liner Shipping Industry," Working Papers halshs-01828633, HAL.
    16. Wang, Tingsong & Cheng, Peiyue & Wang, Yadong, 2025. "How the establishment of carbon emission trading system affects ship emission reduction strategies designed for sulfur emission control area," Transport Policy, Elsevier, vol. 160(C), pages 138-153.
    17. Xu, Hua & Yin, Zhifang, 2021. "The optimal icebreaking tariffs and the economic performance of tramp shipping on the Northern Sea Route," Transportation Research Part A: Policy and Practice, Elsevier, vol. 149(C), pages 76-97.
    18. Maxim A. Dulebenets & Junayed Pasha & Olumide F. Abioye & Masoud Kavoosi, 2021. "Vessel scheduling in liner shipping: a critical literature review and future research needs," Flexible Services and Manufacturing Journal, Springer, vol. 33(1), pages 43-106, March.
    19. Desai Shan & Pengfei Zhang, 2021. "Enforcing workers’ compensation rights for Chinese seafarers in human resource supply chains," The Economic and Labour Relations Review, , vol. 32(2), pages 247-265, June.
    20. Vasileios Kapsalis & Grigorios Kyriakopoulos & Miltiadis Zamparas & Athanasios Tolis, 2021. "Investigation of the Photon to Charge Conversion and Its Implication on Photovoltaic Cell Efficient Operation," Energies, MDPI, vol. 14(11), pages 1-16, May.

    More about this item

    Keywords

    ;
    ;
    ;
    ;
    ;
    ;

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:gam:jsusta:v:13:y:2021:i:19:p:10559-:d:641464. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: MDPI Indexing Manager (email available below). General contact details of provider: https://www.mdpi.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.