The Netherlands

Congestion at container terminals in the Port of Rotterdam

The situation
Vessels and operators are experiencing significant delays at a container terminal in the Port of Rotterdam.

While there are a number of factors in play, the resulting delays can be significant and may endure for an extended period of time.

The effect has been to delay both long haul vessels and local feeder traffic.

Long term the underlying issues are expected to resolve themselves and further capacity will be added when the first terminal on Maasvlakte 2 opens later this year. This being a new operation of DP World / New World Alliance and CMA CGM.

In the meantime, however, members calling at Rotterdam should be prepared for the present situation.

Key advice
Members whose vessels call at Rotterdam for the container trade, be it long haul, regional or local, should be aware of the issue and take this in to account for their operations.

As delays can lead to claims, both from cargo side as well as storage facilities, and can lead to losses for at least one party in the charter chain with respect to payments for hire and fuel while the vessel waits, it would be prudent to review the terms of contracts (charterparties and contracts of carriage), particularly for:

1. hire / off hire provisions
2. freight payment provisions
3. NOR requirements
4. laytime and demurrage provisions
5. delay and detention provisions
6. so called "Force Majeure" provisions
7. deviation and liberty clauses