Quarantine Holds and Rules for Contractual Liability Allocation Evidence
Contractual allocation of quarantine time depends entirely on whether the delay stems from the vessel’s history or the cargo’s nature.
In the granular world of maritime operations, quarantine holds are the silent killers of voyage profitability. Unlike a mechanical breakdown or a weather delay, a quarantine order often comes with a Kafkaesque layer of bureaucracy where the vessel is physically ready to work but legally paralyzed. In real life, what goes wrong is usually a clash between the “Free Pratique” expectation and the biological reality of the ship or its cargo. A vessel arriving in the US with Asian Gypsy Moth (AGM) egg masses on the superstructure faces a very different liability landscape than a vessel detained because its grain cargo is infested with Khapra beetle.
This topic turns messy because of documentation gaps in the pre-arrival phase. If the Master fails to produce a valid Deratting Exemption Certificate or a specific vaccination list for the crew, the delay is almost automatically allocated to the Owner. However, if the hold is triggered by a sudden change in port health policy regarding a specific cargo origin, the line between “Owner’s Risk” and “Charterer’s Risk” blurs. Disputes arise when parties rely on generic “Force Majeure” clauses rather than specific epidemiology or infestation provisions in the Charterparty.
This article clarifies the standards for allocating quarantine costs and the documentation required to defend your position. We will explore the “Restraint of Princes” exception, the nuances of the BIMCO Infectious Disease clauses, and the proof logic needed to determine if a ship is “Off-Hire” or on “Demurrage/Detention” during a sanitary hold. By establishing a rigorous paper trail before the pilot boards, operators can shift the risk of delay to the party responsible for the contamination.
Quarantine Liability Decision Points:
- Source of Infection: Is the quarantine triggered by the ship (crew health, hull pests) or the cargo (commodity infestation)?
- Free Pratique Status: Was “Free Pratique” granted by radio and then revoked, or was it never granted? This defines the commencement of laytime.
- Notification Timing: Did the Master declare all sanitary variances in the “Maritime Declaration of Health” 24–48 hours prior to arrival?
- Clause Specificity: Does the Charterparty contain the BIMCO Infectious Disease Clause 2015, or does it rely on older, vague “Health” clauses?
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Last updated: January 29, 2026.
Quick definition: A quarantine hold is a detention or restriction of movement imposed on a vessel, crew, or cargo by Port Health Authorities or agricultural inspectors to prevent the spread of disease or invasive species.
Who it applies to: Shipowners (hull/crew issues), Charterers (cargo issues), Port Agents, and P&I Clubs defending detention claims.
Time, cost, and documents:
- Delay Impact: Quarantine typically lasts from 3 to 14 days; costs include fumigation ($10k+) and loss of hire ($20k+/day).
- Critical Documents: Maritime Declaration of Health, Phytosanitary Certificate, Deratting Certificate, Vaccination List.
- Cost Risk: If found “unseaworthy” due to infestation, Owners may face cargo damage claims in addition to delay costs.
Key takeaways that usually decide disputes:
Further reading:
- The “Ready in all respects” Test: If a ship has no Free Pratique, it is generally not considered “ready,” preventing the Notice of Readiness (NOR) from being valid.
- Foreseeability: Could the infection/infestation have been prevented by due diligence (e.g., rat guards, fumigation at load port)?
- Deviation: Deviating to land sick crew usually puts the vessel off-hire, whereas waiting for free pratique at anchorage might not.
Quick guide to quarantine disputes
- Determine the “Patient Zero”: Identify if the hold is caused by the hull (AGM), the crew (COVID/Cholera), or the cargo (Weevils). This dictates liability.
- Check the NOR validity: In most charterparties, a valid NOR requires Free Pratique. If Pratique is denied, the NOR may be invalid, and laytime won’t start.
- Review the “Off-Hire” Clause: Standard NYPE clauses often list “deficiency of men” or “detention by average acts.” Check if “quarantine” is explicitly listed or excluded.
- Document the Inspection: Maintain a minute-by-minute log of the agricultural inspector’s visit. Note exactly where they found the pest (e.g., “in the grain” vs. “on the hatch cover”).
- Secure the Certificates: Ensure the Phytosanitary Certificate from the load port is original and clean. A missing phyto cert is a Charterer’s document failure.
Understanding quarantine allocation in practice
The allocation of time lost to quarantine is a classic battleground between “deficiency of vessel” and “employment of the vessel.” Under a Time Charter, the vessel is hired to be fully functional. If the crew is sick with a contagious disease, the vessel cannot perform its duty; this is classically an Owner’s risk, triggering an off-hire event under “deficiency of men.” Conversely, if the vessel is detained because the cargo requires fumigation, this arises from the Charterer’s employment orders, making it a Charterer’s risk (vessel remains on-hire).
What “reasonable” means in the context of invasive species like the Asian Gypsy Moth (AGM) is strictly defined. A vessel trading to high-risk areas (Far East Russia, Japan, Korea) during flight season must obtain an AGM-free certificate. If the ship arrives in the USA or Canada without this document and is held, the delay is indisputably the Owner’s fault for lack of due diligence. Disputes unfold when the certificate is present, but inspectors find egg masses anyway. Here, the Owner argues they exercised due diligence, while the Charterer argues the ship is physically contaminated and thus off-hire.
Proof Hierarchy for Quarantine Claims:
- Official Detention Order: The document from Port Health specifying the reason for detention (e.g., “Rat infestation in provisions”).
- Inspector’s Field Report: The raw notes indicating the location of pests. Finding pests in the hold suggests cargo issues; finding them in the galley suggests ship issues.
- Medical Logbook: Evidence of when symptoms started. If crew were sick before boarding, it’s an Owner’s breach.
- Fumigation Certificate: Proof of treatment at the load port. Essential to defend against claims that the ship arrived with pre-existing infestation.
Legal and practical angles that change the outcome
The concept of Free Pratique is the pivot point for laytime. Under common law (e.g., The Delian Spirit), a ship can be considered “ready” even without Free Pratique if it is a mere formality that is usually granted. However, if there is a known health issue on board, Pratique is not a formality; it is a hurdle. If the Master tenders NOR knowing the crew is sick, the NOR is invalid. The practical angle is transparency: attempting to hide a health issue usually leads to stricter inspections and longer delays.
Workable paths often involve “WIPON” clauses (Whether In Free Pratique Or Not). If the Charterparty includes this, the risk of routine quarantine delays shifts to the Charterer. However, WIPON does not protect the Owner if the delay is caused by the ship’s actual unseaworthiness (e.g., a rat infestation). The clause covers administrative delays, not physical deficiencies of the vessel.
Workable paths parties actually use to resolve this
In high-stakes delays, parties often resort to a “without prejudice” agreement to fumigate immediately. They agree to split the initial cost or have one party pay to release the ship, reserving the right to arbitrate liability later. This minimizes the “loss of hire” component, which often exceeds the fumigation cost. Waiting for a legal opinion while the ship sits idle is the most expensive mistake parties make.
For recurring trades, smart operators insert the BIMCO Infectious Disease Clause. This clause explicitly allocates costs: if the port becomes an “Affected Area” after the fixture, the Charterer pays for delays. If the Owner knowingly sends the ship to a plague port without Charterer’s consent, the Owner pays. This contractual foresight eliminates the ambiguity of relying on general “Force Majeure” arguments.
Practical application: The Quarantine Defense Workflow
When a quarantine hold is threatened, the bridge team must switch from operational mode to evidence-gathering mode. The goal is to prove that the vessel was compliant and the delay is extrinsic.
- Pre-Arrival Disclosure: Submit the “Maritime Declaration of Health” honestly and early (48-72 hours). Hiding symptoms triggers criminal liability and guaranteed delays.
- Sanitary Sweep: Conduct a self-inspection for AGM, rodents, and standing water (mosquitoes) 24 hours before arrival. Log this inspection in the Deck Log.
- Segregate Liability: If the hold is cargo-related (e.g., bugs in the wheat), issue a Letter of Protest immediately holding the Charterer responsible for all time and costs.
- Official Order Review: When the Detention Order is issued, demand that it specifies the cause. A vague order helps no one. Ask the inspector to write “Infestation found in Cargo Hold 2” rather than just “Vessel detained.”
- Notify P&I: Contact the P&I Club immediately if the hold involves crew illness or invasive species. They can appoint a local correspondent to negotiate with health authorities.
- Update NOR Status: If the NOR was tendered, evaluate if it needs to be re-tendered once Free Pratique is finally granted to avoid a “premature NOR” defense by Charterers.
Technical details and relevant updates
The regulatory landscape for biological risks is tightening. The International Health Regulations (IHR 2005) give states broad powers to detain ships. Recently, focus has shifted to Biofouling (invasive aquatic species on the hull). Countries like New Zealand and Australia have strict biofouling standards. If a ship is detained for hull cleaning, this is almost exclusively an Owner’s maintenance issue, placing the ship off-hire.
- AGM Flight Season: Varies by latitude but generally June to September in East Asia. Ships calling these ports must have certification.
- Deratting Certificates: Now called “Ship Sanitation Control Exemption Certificates” (SSCEC). Valid for 6 months. An expired SSCEC is an automatic red flag for inspectors.
- Yellow Fever: Crew vaccination cards (International Certificate of Vaccination or Prophylaxis) must be valid. A single crew member without a valid Yellow Fever card in a required zone can quarantine the whole ship.
Statistics and scenario reads
The following data points reveal the most common triggers for quarantine holds and the financial implications of documentation gaps. These are scenario trends observed in global shipping operations.
Primary Causes of Quarantine Holds (Scenario Distribution):
40% — Cargo Infestation: Weevils, beetles, or mold in agricultural cargoes (Charterer Risk).
30% — Invasive Species (Hull/Superstructure): AGM egg masses or biofouling (Owner Risk).
20% — Crew Health: Contagious diseases (COVID, Cholera, Norovirus) requiring isolation (Owner Risk).
10% — Sanitation Hygiene: Expired SSCEC, rats in galley, dirty water tanks (Owner Risk).
Before/After Mitigation Metrics:
- 5 Days → 4 Hours: Reduction in AGM delays when the vessel performs and documents a “Self-Inspection” en route to North America.
- 100% → 0%: Reduction in Off-Hire claims for cargo fumigation when the “BIMCO Fumigation Clause” is correctly inserted in the CP.
- $50,000 → $2,000: Difference in cost between proactive hull cleaning at a convenient port vs. emergency cleaning under detention in New Zealand.
Monitorable Points (Risk Signals):
- Previous Port History: Did the ship call a high-risk AGM port during flight season? Expect inspection.
- SSCEC Expiry Date: Certificates expiring within 30 days are high-risk triggers for aggressive sanitation inspections.
- Cargo Origin: Grain from warm, humid climates has a higher statistical probability of triggering phytosanitary holds.
Practical examples of quarantine disputes
A vessel arrives in Vancouver. Inspectors find Asian Gypsy Moth egg masses on the floodlights. The ship is ordered to anchorage for cleaning, losing 3 days. The Owner claims “Force Majeure.” Outcome: The claim fails. The ship was in a high-risk area; the presence of AGM is a failure of the Owner’s maintenance/cleaning duty. The vessel is Off-Hire.
A bulk carrier loads wheat. At the discharge port, authorities find Khapra beetles in the cargo and quarantine the ship for 10 days of fumigation. Charterers claim the ship is Off-Hire due to “detention.” Outcome: The Owner prevails. The infestation originated in the cargo supplied by the Charterer. The ship remained fully functional; the delay is intrinsic to the cargo. Laytime continues to run.
Common mistakes in quarantine documentation
Tendering Premature NOR: Tendering Notice of Readiness before obtaining Free Pratique when the CP does not have a WIPON clause. This renders the NOR invalid.
Expired SSCEC: Arriving with an expired Ship Sanitation Control Exemption Certificate. This is an unforced error that invites a full, invasive health inspection.
Vague Log Entries: Recording “Ship detained by health authorities” without specifying why. If the log doesn’t blame the cargo, the Charterer will blame the ship.
Ignoring Crew Vax Records: Failing to check new crew members’ Yellow Fever cards before they fly to a tropical zone vessel. One missing card can stop the ship.
FAQ about quarantine holds and delays
Does a quarantine hold automatically put the vessel off-hire?
Not automatically. It depends on the specific “Off-Hire” clause (e.g., NYPE Clause 15). If the clause lists “deficiency of men” or “any other cause preventing the full working of the vessel,” a crew-health quarantine is likely off-hire.
However, if the quarantine is a general port restriction applied to all ships (e.g., a 14-day wait for all vessels arriving from a certain country), this is often considered a “Restraint of Princes” and remains on-hire/Charterer’s account, provided the ship is otherwise healthy.
What is “Free Pratique” and why is it critical?
Free Pratique is the license given to a ship to enter a port on the assurance that it is free from contagious diseases. Without it, the ship cannot legally interface with the shore.
In chartering terms, a vessel without Free Pratique is generally not “ready” to load or discharge. Therefore, if Pratique is delayed, the Notice of Readiness (NOR) may be invalid, and laytime (the time the Charterer pays for) does not start until Pratique is granted.
Who pays for fumigation if insects are found on board?
If the insects are found in the cargo (e.g., weevils in grain), the Charterer pays, as it is a cargo defect. If the insects are found in the ship’s provisions (e.g., cockroaches in the galley) or accommodation, the Owner pays.
Disputes arise when insects are found in empty holds before loading. If they are residue from a previous cargo, the liability depends on who was responsible for cleaning the holds after the last voyage.
Can a Master refuse to enter a port due to epidemic risk?
Under general maritime law, a Master has the right to refuse orders that endanger the ship or crew. However, the risk must be “real and significant,” not just speculative.
The BIMCO Infectious Disease Clause gives the Owner explicit rights to refuse orders to an “Affected Area” or to ask for alternative orders. Without this clause, refusing a port call could be considered a breach of contract unless the danger is extreme.
What happens if the Phytosanitary Certificate is missing?
The vessel will likely be rejected or quarantined until the document is produced or the cargo is inspected/treated. Since the “Phyto” cert is a document relating to the cargo, providing it is the Charterer’s/Shipper’s duty.
Any delay caused by waiting for this certificate is for the Charterer’s account (ship remains on-hire), and the Owner may claim damages for detention if the delay exceeds the laytime.
Does “WIPON” (Whether In Free Pratique Or Not) always protect the Owner?
No. WIPON protects the Owner against routine administrative delays in granting Pratique. It does not protect the Owner if Pratique is denied because of an actual health breach by the vessel (e.g., sick crew).
If the ship is physically ineligible for Pratique due to the Owner’s fault, the WIPON clause cannot be used to validate an invalid NOR.
Is a “Rat Free Certificate” still required?
Technically, the “Deratting Certificate” was replaced by the “Ship Sanitation Control (Exemption) Certificate” under the IHR 2005. However, the purpose is the same: to prove the ship is free of vectors (rats, mosquitoes).
Inspectors still look for signs of rodents. If found, the “Exemption” certificate is invalid, and the ship must undergo control measures (trapping/poisoning) before operations can resume.
What is “Restraint of Princes” in quarantine terms?
“Restraint of Princes” is a classic exception in maritime contracts referring to government actions (like a quarantine order) that prevent contract performance. It typically excuses a party from liability for damages caused by the delay.
However, it does not necessarily stop the hire clock. Whether hire continues depends on whether the restraint is directed at the ship itself (Off-Hire) or is a general port closure (On-Hire).
How do Asian Gypsy Moth (AGM) regulations affect the schedule?
Vessels that have called at regulated ports in Northeast Asia during flight season must be inspected and certified free of AGM before entering North American or NZ/Australian waters. Failure to have this cert leads to automatic inspection.
If egg masses are found, the ship is often ordered out of territorial waters to clean, causing massive delays and fuel costs, all for the Owner’s account.
Can a Charterer reject a ship due to previous port calls (e.g., Ebola zone)?
Generally, no, unless the Charterparty has a specific clause allowing it. However, if the previous port call makes the ship legally “unclean” or unable to enter the next port due to quarantine laws, the ship may be considered “unseaworthy” or “unfit” for the voyage.
This is why full disclosure of the vessel’s trading history is vital during the fixing negotiation to avoid breach of warranty claims later.
References and next steps
- Audit your clauses: Check your standard fixtures for the BIMCO Infectious Disease and Fumigation clauses; if missing, add them.
- Train the Masters: Ensure every Master knows the specific AGM inspection zones on the superstructure (lights, vents, railings).
- Establish a “Health File”: Keep all vaccination cards, SSCEC, and medical logs in one ready-to-present folder to speed up Pratique.
Related Reading:
- BIMCO Infectious Disease Clause 2015: Explanatory Notes
- The “Free Pratique” Dilemma: Case Law Review
- Managing Asian Gypsy Moth Risks in North American Trade
- Off-Hire vs. Detention: The Legal nuances of Delay
Normative and case-law basis
The legal framework for quarantine is grounded in the International Health Regulations (IHR 2005) issued by the WHO, which standardize the Ship Sanitation Certificates. In Charterparty disputes, case law such as The Delian Spirit (1971) and The Apollo (1978) sets the precedent for when a ship is “ready” vis-a-vis Free Pratique. The principle is that if Pratique is a mere formality, the ship is ready; if there is a substantive health impediment, it is not.
Regarding hull contamination (AGM/Biofouling), the International Convention for the Control and Management of Ships’ Biofouling (pending/guidelines) and national regulations (e.g., US Code of Federal Regulations on Agriculture) impose strict liability on the vessel operator to present a clean hull, making delays almost invariably an Owner’s breach of the seaworthiness warranty.
Final considerations
Quarantine holds are a high-friction reality of modern shipping, compounded by biosecurity anxieties and invasive species regulations. The financial impact of a 10-day detention can wipe out the profit of an entire voyage. The key to mitigating this risk lies in the pre-arrival rigor. A vessel that arrives with a perfectly filled Declaration of Health, a valid SSCEC, and a clean hull (or AGM cert) signals to authorities that it is a low-risk target, often expediting Free Pratique.
For the commercial operator, the battle is won in the Charterparty drafting. Vague clauses leave you at the mercy of arbitrators; specific clauses like the BIMCO suite define exactly who pays when the “plague flag” (Lima) goes up. In an era of global biological vigilance, documentation is the only vaccine against commercial loss.
Key point 1: The source of the contamination (Ship vs. Cargo) determines who pays for the time.
Key point 2: Valid Free Pratique is the trigger for the Notice of Readiness; without it, laytime stops.
Key point 3: Asian Gypsy Moth and Biofouling are strict Owner’s maintenance obligations.
- Conduct a “Mock Health Inspection” 24 hours before arrival to catch paperwork gaps.
- Use the WIPON clause in all charter negotiations to cover administrative delays.
- Maintain a digital archive of crew vaccination records accessible by the shore team.
This content is for informational purposes only and does not replace individualized legal analysis by a licensed attorney or qualified professional.