When Geopolitics Stretches a Voyage, the First Casualty Is the Schedule & the Second Is the Claims File

What is happening in the Middle East now and in the past decades is not just a failure of humanity. As unimportant as it may seem in the context of another war, it is also a cargo claims story. Heightened risk in and around the Arabian Gulf / Strait of Hormuz has translated into rerouting, war-risk surcharges and termination of war clauses, suspended or adjusted services, and longer, less predictable transit times.

For cargo interests, the legal question under German law is rarely just “was the vessel late?”. The first distinction is more basic: Are we looking at pure delay loss, physical cargo damage caused by prolonged transit, or both? Under German carriage of goods by sea law, the liability is engaged for physical loss or damage between takeover and delivery. But specific exclusions can be applicable including war or hostilities, quarantine-type restrictions, and perils of the sea. That means causation, documentation and contract wording become decisive very quickly. Liability for delay is not explicitly regulated in carriage of goods by sea law but is governed by the general provisions on delay in the civil code.

Immediate steps to protect claims:

• document every ETA change, rerouting decision and extra dwell time

• secure bills of lading, booking terms, carrier advisories and notices

• preserve cargo condition evidence, survey findings and temperature data

• review sales terms, carriage terms and cargo policy side by side

• notify carrier, cargo insurer and contractual counterparties early

• mitigate loss and document mitigation costs and disposal decisions

In volatile sea lanes, is the bigger risk today delay itself or poor claim preservation during delay?

General information only, not legal advice.