Unlike the apparent stabilization/decrease in the frequency of paper loss applications in Algeria, the frequency of these requests in Tunisia has moved in the opposite direction. In recent years, demands for paper losses for bulk grain products in general and wheat in particular have continued to increase. While the situation is more or less the same in all Tunisian ports, local observers have indicated that cargoes from Russia, Romania, Ukraine and Argentina are generally more vulnerable to claims than shipments from other countries. If the charter festival includes the Inter-Club New York Produce Exchange Agreement, there is some consolation for homeowners in the fact that 50/50 shortage applications can be shared between owners and charterers.13 If the owners have a good negotiating position when it comes to agreeing the terms of a charter, they may even negotiate a clause that imposes full responsibility on charterers for the paper shortage, for example. B if independent investigations and voids projects. At least in this way, it may be possible to defer the cost of paper shortage applications in the charter chain to the interests of the freight they often create. Conclusion Prevention is better than cure, but unfortunately it is unlikely that protective measures will completely eliminate the risk of paper loss in Algeria and Tunisia. However, precautionary measures will provide ammunition to a carrier to better defend claims and minimize exposure as much as possible. If claims arise, the club and its correspondents will be available to support as much as they can.

The proud owner will see his ship sail immediately in exchange for a letter of commitment P-I (LOU) and will hopefully be able to conclude the claim by mutual agreement. Often, however, the LOU Club is not accepted and a bank guarantee is required. In the worst case scenario, and in trying to avoid an expensive bank guarantee, some owners may feel pressured to pay the debt on the spot in order to avoid holding the vessel if it is clear that the applicant will not negotiate on fair terms. Owners often feel helpless and end up paying for probably paper losses when the ship delivers all the cargo received on board. The aim of this memorandum is to avoid disputes between insurers over the quantification of rights. After the end of the “Knock for Knock” agreement, the insurers agreed on both liability and quantum agreements. Five rules It should be noted that the agreement is not legally binding, but there are five “rules” applicable to the subscription to insurers: Charterer and charterpartyThis can be mentioned, the relevance of charterers and charterers with regard to claims in case of default. A trading allowance agreed in the charter party is probably not binding for a third probe owner, even if the conditions of the charter party are included in the bill of lading. Owners should avoid agreeing to the charter holiday, issuing bill of lading on the basis of coastal numbers and/or accepting a letter of compensation in exchange for a bill of lading indicating an inaccurate quantity. There is a great risk that the courts will consider such letters of compensation to be unenforceable because they facilitate fraud. Even if the charter festival grants the owners compensation for signing the bill of lading in this way, it offers limited protection.

The owner must not have been guilty and the loss must not result from a risk taken by the owner. The issuance of an imprecise bill of lading will therefore make the right to compensation very difficult. Deficit in AlgeriaDespitd the growing frustration of shipowners, the situation in Algeria has stabilized as a result of paper losses and has even improved in general as more and more local importers recognize a trade premium.