Protests
A “protest”, sometimes called a “sea protest”, is a solemn declaration, made on oath by a shipmaster before a person legally empowered to hear such declarations, that circumstances beyond his control have, or may have, caused loss of and/or damage to his ship and/or its cargo, or have caused him to take action which may render the owner liable to another person. The appropriate person before whom a protest should be noted is a notary public. A “notary public” or “notary” is a public official who is primarily concerned with the preparation and authentication of documents for use abroad and is empowered under his country’s law to administer same.
NOTE OF PROTEST
Noting protest may help to resist cargo loss or damage claims against the shipowner, and may be required in the adjustment of a general average, but is not always necessary. The local P&I club representative should be able to advise the master on the need for noting protest. Protest should be noted as soon as possible after arrival and always within 24 hours of arrival.
It may be prudent to note protest in the following situations:
- After every case of general average;
- After wind and/or sea conditions have been encountered which may have damaged cargo;
- After wind and/or sea conditions have been encountered which caused failure to make a cancelling date;
- After cargo is shipped in a condition likely to deteriorate during the forthcoming voyage;
- After the ship has sustained material damage;
- After the ship has caused material damage;
- After a serious breach of the charter party by the charterer or his agent (e.g. undue delay, refusal to load, cargo not of a sort allowed by the charter party, refusal to pay demurrage, refusal to accept bills of lading after signing because of clausing by master, sending vessel to an unsafe port, etc.);
- After the consignee fails to discharge or take delivery of the cargo or fails to pay freight.
PROCEDURE FOR NOTING PROTEST
The Master should go to the Notary’s office with the Official Log Book, the deck log and any other relevant information pertaining to the matter being protested about. (Where, for example, bad weather has led to cargo damage, a record of the weather should be taken to the notary’s office.
The notary will hear the Master’s declaration and will make a written record in a Register of Protests.
At least three certified copies of the protest should be obtained from the notary: two for the owner and one for the ship’s file.
A fee will be payable for noting the protest and for each requested copy.
EXTENDING PROTEST
Since it is often impossible to ascertain the full extent of a loss or of damage at the time of noting protest, an extended protest should be made when the relevant facts have come to light, which may be, for example, when a surveyor’s report has been received.
It is therefore necessary at the time of making the original protest to “reserve the right to extend the protest at a time and place convenient”.