What is Noting a Protest?
A NOTE OF PROTEST (Nop) is a declaration by the master of a ship, under oath before a notary public or a consul or a magistrate stating complete particulars pertaining to boisterous weather that vessel may have experienced during the course of the current voyage or other incidents which may have caused damage to the vessel and or her cargo or loss in chartered speed.
The extent of the damage may or may not be ascertained at the time of noting the protest.
It is a legal document intended to safeguard the ship’s owner or charterer’s rights when there is a disagreement or dispute with another party engaged in the shipment.
The NOP contains information about the incident or dispute, the reasons for the protest, and the party responsible for the infraction.
It is frequently granted if the cargo is damaged or lost during the voyage, if there is a disagreement over the quantity or quality of the cargo, or if the vessel is delayed for causes beyond its control.
By noting a protest, the master basically indicates that the vessel and her crew performed their utmost duties in protecting the vessel and her cargo but the circumstances were beyond their control.
Every shipping company will have its own form which basically contains the following information:
Name of vessel, net tonnage, date vessel sailed from last port with name, date and time of arrival at the port with name, type of cargo, type of weather.
Example of note of protest:
Click here to download an example of the Note of protest.
It is advisable to make a log abstract of heavy weather from the ship’s logbook and attach it to the note of protest form.
Always prepare the note of protest in triplicate, as the notary office may retain a copy and 2 copies for the vessel.
A good rule to follow is, if in doubt note protest. It is always advisable to note protest after an accident such as grounding or collision.
When to lodge a Note of Protest(NoP)?
1. After encountering boisterous weather which may have damaged cargo or caused a reduction in chartered speed.
2. If the ship has been damaged due to any cause.
3. If Cargo is shipped in a condition likely to deteriorate during the voyage.
4. If there is any serious breach of the C/P by the charterer or his agent.
5. If the consignee fails to discharge or take delivery of the cargo or fails to pay the freight.
The Protest must be noted as soon as possible after arrival but always within 24 hours of arrival. If in connection with cargo, it should be noted before breaking bulk.
Extending Protest
Extending a protest may be done if further damage is found or occurs after noting a protest.
If it is necessary to extend a protest, then it should only be done after consulting the head office.
During the extension of the protest, usually, 2 or 3 members of the ship’s crew are needed as witnesses.
Must read article –Heavy Weather Preparations & Checklist
