- 1 Note of Protest
- 2 Letter of Protest
- 3 Difference between Note of Protest (NOP) and Letter of Protest (LOP)
Note of Protest
Note of Protest or a NOP is a solemn declaration made on oath by a Ship Master that circumstances beyond his control have or may have given rise to loss and/or damage to his ship or its cargo or have caused him to take action which may render owners liable to legal action by another party.
When to Note Protest?
- Whenever during the voyage, the ship has encountered conditions of wind and sea which may result in damage to cargo.
- When from any course, the ship is damaged or there is a reason to fear that damage may be sustained.
- When through the stress of weather, it has not been practicable to adopt normal precautions. eg. ventilation of perishable cargo.
- When the cargo is shipped in such a condition that it is likely to suffer deterioration during the voyage.
- When any serious break of charter party terms is committed by the charterer or his agent. Eg. unduly delaying loading, refusal to pay demurrage or refusal to accept B/L in the form signed by Master.
- When Consignee fails to discharge cargo or take delivery thereof and pay the freight in accordance with the charter party of B/L terms.
- In all cases of General Average. Please now General Average is a mechanism of sharing the maritime burden by all the stakeholders involved in a sea venture, which accounts for the allocation of costs (and sacrifices) made in the common interest of the vessel and cargo to protect the vessel and cargo from risk. A classic example of the general average is cargo jettison.
How to make Note of Protest (NOP)
Contact the agent and seek his assistance as the NOP is to be made before a person in a capacity of rotary or somebody who is legally empowered.
Total 3 originals of NOP are required:- 1 Original for the vessel and 2 originals for the shipowner.
Protest should be noted as soon as possible certainly within 24 hrs of the arrival in port and in the case of cargo protest before breaking bulk. Witnesses signatures may be required. Supporting documents required:
- Deck Logbook pages
- Official Logbook pages
- Weather Reports
- Any Picture evidence
Why make Note of Protest
It is for the reason that NOP is readily available and can be used in courts for arbitration purposes at a later date if required.
At the time of noting protest, the Master should reserve the right to extend it.
Since it is impossible to ascertain the full extent of a loss of damage at the time of noting protest, an extended protest should be made when relevant facts have come to light.
Letter of Protest
When to make Letter of Protest (LOP)?
Ship Shore differences in cargo quantity.
Rate of Loading/Discharging too slow or too fast.
Berth rendering arrangements are inadequate.
Shore workers misusing ship’s equipment and ignoring duty officers advice.
Cargo not loaded in satisfactory condition.
Any delay caused.
Situation Where there is a choice to make a Note of Protest (NOP) or Letter of Protest (LOP)
If vessel made to sit out daytime and demurrage time.
If vessel ordered to go to any unsafe port or berth.
Whenever the vessel suffers damage due to whatever reason.
After a serious breach of Charter Party. eg. Refusal to load, refusing to accept B/L after signing because of causing by Master, Cargo not of a type allowed by charter party.
After the consignee fails to take the delivery of cargo.
Difference between Note of Protest (NOP) and Letter of Protest (LOP)
Note of Protest (NOP)
Letter of Protest (LOP)
|1.||Generally made in the cases where nobody has any control over the subject matter being complained about.||Always made in cases where the recipient has some control over the subject matter being complained about.|
|2.||Generally addressed as “ To Whomsoever It May Concern”.||Always addressed to a named Party or Person.|
|3.||Supporting documents may be required while making a NOP.||Supporting documents are not required while making LOP.|
|4.||Signature of witnesses may be required while making NOP.||Signature of witnesses not required while making LOP.|
|5.||Has to be attended by a person legally empowered to do so according to the law of the land in which it is being made.||Attestation by a legally empowered person not required.|
|6.||It is sworn statement made under oath.||It is not a sworn statement.|
|7.||There is no provision for the signature of the recipient.||There is a provision for the signature of the recipient.|
|8.||Generally should be made within 24hrs of the vessel’s arrival at next port after the event has occurred.||It should be made as soon as possible after the event has occurred.|