Independent journal on economy and transport policy
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SHIPPING
Managing maritime shipments in a scenario made very complex by the crisis in the Middle East
Botta (Spediporto) and the lawyer Guidi suggest how to behave to manage the difficulties
Genova
March 5, 2026
The state of belligerence currently taking place in a large
region of the Middle East that does not have well-defined contours, with the
US and Israeli attacks on Iran that triggered reactions
and counter-reactions implemented mainly in the Persian Gulf area
but also in areas hundreds of kilometers away, it always makes
the outcome of the maritime expeditions that
but also those that do not even come close to the
region. For most professionals in this sector, this
It is the time of uncertainty. A moment in which there is a risk of
Quickly move from organized planning to one
situation of chaos. To fix some fixed point in this sea
The association of the
Genoese freight forwarders Spediporto.
The general manager of Spediporto, Giampaolo Botta,
summed up an evolution of the scenario that many operators are
already experimenting extensively: "First of all - he
detected - loss of reliability causes the time to pass from
expected and estimated, the costs increase in cascade, with the entry into
game of various kinds of surcharges (without forgetting the exposure
to demurrage/detention/storage, because the goods, even if
consumes space, generates tariffs, creates disputes) and the
congestion moves elsewhere, with more transfers, queues
operational delays and delays propagated even on distant routes".
In addition to costs and times and other components, shipping
maritime law is also characterised by legal and
that sometimes arouse the anguish of freight forwarders and
of import-export operators that becomes a nightmare when they enter
the War Risk Clause is at stake. How much the factor is triggered
of war risk insurance, the lawyer pointed out
Danilo Guida, specialized in maritime law, "the route
It is no longer a right: it is a possibility.
And first there is safety, then performance."
Guida recalled that many bills of lading provide for
clauses that, in the presence of war, conflict or serious danger,
allow the carrier to divert, suspend, unload in port
reorganize your trip and reduce your liability
for delays or non-delivery, within the applicable limits. The
formulas change from company to company. There is usually a
specific clause for the risks of conflict or a more
general safety. The lawyer specified that the
maritime carrier can decide on its own how to behave "if
the clause allows for this and if the situation constitutes a risk
concrete. But every decision - he observed - leaves traces
costs, such as extra costs and a new chain of obligations for the
owner of the goods".
It is in this kind of situation that - explained Botta
- that "many discover late that the standard policy does not
That's enough." In this regard, the suggestion of the lawyer Guida is
to immediately verify the existence of specific coverage,
aware, however, of the fact that the change in the scenarios of
conflict can change the cost and availability of the
itself during shipping.
By suggesting to operators how to move in this scenario,
The lawyer first of all urged to "read the policy carefully
of loading, look for clauses on war risk and the like, understand who
decides what is responsible for the ancillary costs. È
It is essential - he urged - to get in touch immediately
with the freight forwarder to make a clear point on the state of the art,
check the insurance situation, activating if necessary
and if provided, extensions and retaining evidence of communications and
of notices. It is also essential to develop a plan B
credible, complete with a realistic assessment of extra costs
and timing, also considering the terms of delivery (Incoterms)
agreed in the sales contract between the exporter and the importer.
Finally, equally very important, keep track of everything: it is
always a good practice, but in times of crisis having
Comprehensive documentation is an indispensable form of
protection to manage complaints, disputes, requests for
reimbursement, liability".
In summary, Botta and Guida specified, "when the
Tension rises, the market does not reward those who shout: it rewards those who govern
those who maintain lucidity and those who know how to explain to the
customer without frightening him and without sweetening it".
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