5.

Notes of protest
5.1 Letter of protest
5.2 Sea protest
5.3 Letter of indemnity
5.4 Statements of facts
 5.1 "Letters of Protest or "Notes of Protest"
A letter of protest is a formal declaration whereby a
person expresses a personal objection or
disapproval of an act.

It may be a written statement, made by a notary, at

the request of a holder of a bill or a note that
describes the bill or note and declares that on a
certain day the instrument was presented for, and
(e.g.) refused, payment.
 In shipping there is a widespread practice of using
letters of protest to record discrepancies between ship
and shore figures, suspected presence of water
content, damage to or loss of cargo, etc.
Protests are also made by the master against the
charterers of the ship or the consignees of the goods,
for failing to load or unload the vessel pursuant to
contract, or within reasonable or stipulated delays;
On the other hand, the merchant may make a protest
(i.e. Letter of Protest) against the master, for
misconduct, drunkenness, etc., for not proceeding to
sea with due dispatch, for not signing bills of lading in
the customary form, and other irregularities.
 WHEN IS A LETTER OF PROTEST ISSUED?
Reasons for issuing a Letter of Protest :
Delays/incidents during berthing/un berthing
Delays at loading/discharge terminal (e.g. delays due to
waiting for customs or immigration clearance ; waiting
for pilot(s) , tug(s) ; waiting for orders to start loading
/discharging ; waiting for another ship to finish, waiting
for daylight ; other)
Vessel overloaded/short loaded according to C/P
(charter party)
Difference between B/L and ships figure (quantity)
Bill of Lading does not contain C/P date ; named
discharge port ; cargo quantity ; other.
Slow loading at the request of the terminal
 Letter of Protest for Cargo Shortage
Letter of Protest for Cargo Shortage
Dear Sirs,
Please be informed that on receipt of the cargo
documents presented, I note the following difference (s)
between the ships figures and the bill of lading figures:
Ships figure Bill of lading figure Cargo grade: Murban
crude oil Cargo Grade: Murban crude oil Metric tons:
142,914.02Metric tons: 143,685.00Long
tons:140,685.51Long tons: 141,417.00 Accordingly this
letter of protest is lodged in lieu of endorsing the bill of
lading with the ships figures and the bill of lading must be
taken only acknowledge the shipment of the weight or
quantity given in the vessels measurements on completion
of loading and be issued without prejudice to the rights of
the owners or
 charterers to rely on the ships measurements aforesaid as
evidence of the quantity actually shipped.
I hereby give you notice that you will be held liable to
indemnify the owners or charterers or both for any loss
they may suffer by reason of your failure to notify the
transferee and any subsequent holder of the bill of lading
of the contents of this letter of protest.
On behalf of the owners and charterers I further
reserve the right to take such further actions as may be
considered necessary to protect the interest of these
parties.
Yours faithfully,
Master
 5.2 Sea protest
In maritime law, a sea protest is a notarized statement
obtained after a ship enters port after a rough voyage. Its
purpose is to protect the ship's charterer or owner from
liability for damage to the cargo, the ship or to other ships in
a collision, where this was caused by the perils of the sea (for
example, bad weather).
If it is known or suspected that such damage has occurred,
the captain will make a sworn "protest in common form" at
the office of a notary public, or a consul. If the full extent of
any damage caused only becomes apparent while or after the
cargo is unloaded, the captain may return to the office of the
notary public to extend his protest. If a sea protest is not
made, the owner or charterer may be liable for the damage
caused and may be unable to produce the ship's log (which
would have recorded the relevant incidents) as evidence in
court.
In any of the circumstance enumerated below it is advisable for
the master to note a protest.
1. Whenever during the voyage the ship has encountered
conditions of wind and sea which may result in damage to cargo.
2. When from any cause the ship is damaged, or there is reason to
fear that damage may be sustained.
3. When through stress of weather it has not been practicable to
adopt normal precautions in the matter of ventilation of
perishable cargo.
4. When cargo is shipped in such condition that it is likely to suffer
deterioration during the voyage. In this case, however, the protest
will not be effective unless the bills of lading were endorsed to
show the condition of the cargo at the time of shipment.
5. When any serious breach of C/P terms is committed by the
charterer or his agent, such as refusal to load, unduly delaying
loading, loading improper cargo, refusal to pay demurrage, refusal
to accept B's/L in the form signed by the master, etc.
6. When consignees fail to discharge cargo or take delivery thereof,
and pay freight in accordance with C/P orB/L terms.
7. In all cases of general average
 Protest should be noted as soon as possible,
certainly within 24 hours of arrival in port. and in
the case of cargo protests before breaking bulk.
A note of Protest is simply a declaration by the
master of circumstances beyond his control which
may give, or may have given, rise to loss or damage.
Such declaration must be made before a notary
public, magistrate, a consular officer, or other
authority. Usually, statements under oath will be
taken from the master and other members of the
crew and these statements will have to be
supported by appropriate log book entries. At the
time of noting protest the master should reserve
the right to extend it.
 Protests are admissible in evidence before legal
tribunals and, in many cases, are essential to the
establishment of a claim.
(a) In many countries, particularly on the Continent
protests are received in evidence as a matter of
course.
(b) In the United Kingdom, however, they are not
accepted as evidence in favour of the party making
the protest unless both parties consent. The chief
use of a protest in the United Kingdom is to support
a claim by a cargo owner against his underwriters.
There is no legal necessity for a protest in the
United Kingdom and legal rights are in no way
affected if a protest has not been noted.
 5.3 Letter of indemnity
A written undertaking by a third party (such as a bank
or insurance company), on behalf of one of the parties
(the first party) to a transaction or contract, to cover
the other party (the second party) against specific loss
or damage arising out the action (or a failure to act) of
the first party. Also called indemnity bond, bond of
indemnity.

1. A letter guaranteeing that contractual provisions will

be met, otherwise financial reparations will be made.

2. A letter requesting replacements for lost shares from

a company's treasury.
 5.4 Statements of facts
Statements of fact
can be verified, or checked, for accuracy.
often include dates, numbers, and statistics.
do not vary from person to person or place to place.
describe events in language that has little
or no emotional effect on the listener or reader.
dont make predictions, express value judgments,
or offer interpretations.
arent subject to change, except in cases where
previously unavailable information or new
technology arrives on the scene.
 A document usually prepared by the
agent which lists the significant times and
events during a vessel's port call. This
document is signed by the preparer, the
vessel master, and the terminal's, or
shipper's, or receiver's, representative.
The times on a Statement of Fact are
then used to calculate the laytime usually
using a calculation sheet called a laytime
statement.
 The Statement of Facts is a document which can be
central to many disputes between Owners and
Charterers (and others) as this is the document where
relevant facts are recorded and the sequence of events
can be followed. At the same time, the statement of
facts is not the only truth and will in some cases only
be signed by one or more parties for receipt only to
indicate that either the whole, or at least part, of the
statement is not necessarily agreed to. If a dispute
continues to litigation, the facts of what transpired at a
given time may, however, be difficult to establish and it
would certainly be costly to obtain either witness
statements or even direct evidence by hearing relevant
witnesses sometimes a very long time after the
event.
 It is therefore important to be aware of
the way the courts and arbitration panels
view a statement of facts. It is certainly
not the case that a statement of facts is
treated as being in any way absolutely
final, but case law both before the
ordinary courts and before arbitration
panels has shown that the Statement of
Facts is indeed treated as a very
important piece of evidence.
 Facts and Opinions
A fact is a specific detail that can be proven as true
based on objective evidence.
An opinion is a feeling, judgment, belief, or
conclusion that cannot be proven true by objective
evidence.
Objective proof can be one or more of the following:
physical evidence, an eyewitness account, or the
result of an accepted scientific method.
 Separating Fact from Opinion
Know the traits of facts and opinions.

Fact: Spinach is a source of iron.

Opinion: Spinach tastes awful.
 Facts and Opinions
Fact Opinion
Objective Subjective
States reality Interprets reality
Can be verified Can NOT be verified
Presented with Presented with value
unbiased words words

Spinach is a form of iron. Spinach tastes awful.