Deepening Responsibility Dispute Over Suez Canal Grounding Accident... "Focus on Captain and Navigator Roles"
Focus on the Roles of Captain and Navigator over Natural Disasters
Attention on Possible Conflict Between Canal Specialist Navigators and Captains
[Asia Economy Reporter Hyunwoo Lee] As the salvage and recovery of the grounded vessel that blocked the Suez Canal, the global logistics artery, for a week have been completed, the cause of the accident and the issue of responsibility are coming to the forefront. In particular, a fierce dispute is expected over the navigation errors of the captain and the navigator, which the Egyptian authorities are focusing on as the main cause of the accident.
According to the Washington Post (WP) on the 29th (local time), following the reopening of the Suez Canal, the Egyptian authorities have begun a full-scale investigation into the cause of the Ever Given grounding accident, with particular attention on the navigation errors of the captain and the navigator that the Egyptian authorities are focusing on. WP reported, "They will investigate whether there were communication problems between the first officer and the captain, what they experienced at the time of the accident, and what difficulties they faced while operating such a massive vessel."
According to the Egyptian government's transit regulations, a toll fee of $100,000 to $300,000 (approximately 100 million to 300 million KRW) must be paid, and it is mandatory to have a professional Egyptian navigator on board. It is known that at the time of the accident, the Ever Given also had a veteran professional navigator with over 30 years of experience navigating the Suez Canal on board.
However, WP reported that there is controversy because Egyptian law states that even if the cause of an accident occurring while navigating the Suez Canal is due to the mistake of the Egyptian professional navigator, they do not bear legal responsibility. Mark Philip Lorilla, who has experience as a chief engineer on container ships, said in an interview with WP, "Such exemption clauses may seem unfair, but it is the same in every country," adding, "The legal responsibility for maritime accidents ultimately falls on the ship, that is, the shipowner and the insurer."
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If the responsibility is concluded to lie with the captain, intense litigation is expected among the shipping company, shipowner, and insurer in the future. According to Bloomberg News, the shipping company of the Ever Given is Taiwan's Evergreen, and the shipowner is Japan's Shoei Kisen. Currently, with over 400 affected vessels and daily delivery losses estimated at over $9 billion, it is highly likely that litigation over the proportion of responsibility will continue for years.
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