As recently reported by UK P&I Club, there are an increased number of exaggerated cargo claims in the Yemeni port of Aden.

UK P&I Club noticed that there are problems in Aden due to exaggerated claims and other difficulties in the port. Typically claims are made for damaged cargo or short shipments. These claims are often largely exaggerated which makes it difficult for owners to produce bank guarantees and the vessel is arrested. Once a vessel is arrested, negotiations and court procedures can be very slow.

Recent cases have seen vessels detained for long periods and claims being massively exaggerated. In one case, a judge awarded a receiver compensation for cargo damage at a value more than double the amount quoted by an independent surveyor. Yemeni courts place large importance on clean bills of lading. Many issues occur where owners issue clean bills of lading against a letter of indemnity when the cargo is damaged.

In 2007, a committee was established by UK P&I Club to help resolve these issues and implement measures to help deter false claims. And as a result, the number of ship arrests fell significantly and the bank guarantees that shipowners were required to pay were much lower. 

Members shall be aware that Club’s letter of undertaking is not accepted.

亚丁港夸大索赔案的增多

根据UK P&I Club最近的公告显示,也门亚丁港出现夸大索赔金额的索赔案。

UK P&I Club指出亚丁港有许多金额夸大的货物索赔案以及其它问题。其中最为典型的是就损坏的货物或短装货物提起的索赔案。这些索赔案常常被严重夸大，以致船东们难以提供银行担保，从而致使船舶被扣押。一旦船舶被扣押，谈判和法庭诉讼程序的进展都可能非常缓慢。

近期内发生的几起案件中，有一些船舶被扣押了一段颇长的时间，而且索赔的金额也被大大地夸大了。曾经有法官就货损索赔案判给一名收货人获赔的数额高于独立的检验员所报数额的两倍的个案。也门法院非常重视清洁提单。很多问题之所以会发生是因为船东在货物狀況不良的清況下, 接受损害补偿保证书而签發了清洁提单而引起。

UK P&I Club於2007年专门成立了一个委员会以帮助解决此类问题，同时实施一些措施以帮助制止此类无根据的索赔，船舶被扣押的数量因而明显减少。而要求船东提供的银行担保的数额也少了很多。

请注意: 当地不接纳協會的担保函。