Show Notes
In this episode, we move beyond tariffs to explore the fine print that truly shapes global trade — shipping contracts and Incoterms®. These aren’t just technical details; they’re the backbone of every international deal, deciding who pays for what, who carries the risk, and how companies can protect themselves when new tariffs or disruptions hit. We break down: The key elements of a solid shipping contract.
How Incoterms® define responsibilities between buyers and sellers, and how choosing the wrong one (like DDP instead of FOB) can lead to unexpected tariff costs.
Real-world scenarios where mismatched contracts and Incoterms left companies exposed to sudden tariff hikes, insurance gaps, and delivery disputes.
Practical steps to align your contracts and Incoterms to reduce risk, build flexibility, and protect your margins.
You’ll learn how contracts and Incoterms work together as a risk-management toolkit — and why a well-written clause can save your business thousands when trade policies or tariffs change overnight. Key takeaway: “Contracts set the rules, Incoterms set the responsibilities — and tariffs test how well you’ve written both.” Listen if you’re: An importer/exporter managing international shipments
A freight forwarder or logistics professional
A business owner navigating global supply chains
Or anyone who wants to understand how trade agreements translate into real-world risk
More from The Shipping Lawyer
Detention and demurrage invoices land on desks every week, and too often the person holding one can’t say what they’re actually being charged for. This episode goes back to basics. Host Alison Cusack breaks down what demurrage, detention and storage each are, why the same words mean different things depending on who’s sending the invoice, and why it matters before you pay. (And no, it’s not about Dungeons & Dragons. Apologies if you were misled.) In this episode: Demurrage vs detention: same box, two places, two clocks Separate vs merged D&D, and why the label on the invoice won’t tell you which you have Where storage fits, who charges it, and why it runs alongside the other charges What stops the clock (and why customs holds and fumigation usually don’t) Why depot congestion and return directions can change your detention exposure What a lost or delayed bill of lading can cost you The “hat test”: are you even the right party to be charged? A four-question checklist for any invoice: who is charging, what for, are the dates and rates right, and are you liable? If you want a second set of eyes on an invoice before you pay it, not after, get in touch. General information only, not legal advice. Your position depends on your documents and facts, so please get advice on your specific situation before you act. Contact Alison Cusack, Cusack & Co Website: cusackandco.com.au LinkedIn: subscribe to the LinkedIn newsletter for more Email: [email protected]
The charterparty gets signed at speed. The ops team takes over. And the document sits in a folder until something goes wrong. In this episode, Alison breaks down how to manage charterparty risk well — even when you're moving fast. That means understanding your rider clauses, knowing what to do in the days immediately after signing, and using the life of a fixture to set yourself up better for the next one. What we cover: Why rider clauses are powerful — and why a poorly drafted one can create more ambiguity than the gap it was trying to fill The four questions to ask in a post-signing review (and why it's not a six-week exercise) The clause development file: a simple habit that changes your negotiating posture for every future fixture What the clients who manage charterparty risk well actually do differently Key concepts from this episode: Rider clauses — bespoke provisions that sit alongside the printed charterparty form. In most charterparties, they take precedence over the printed form where there's a conflict. Common inclusions: cargo-specific requirements, deviation provisions, off-hire triggers, bunker specifications, environmental compliance, and sanctions provisions. Post-signing review — a focused review of the charterparty after execution to map commercial risk. Not a due diligence exercise; a practical read with four questions: where are the commercial triggers, where are the asymmetries, where are the gaps, and what does the counterparty's performance obligation actually look like? Clause development file — an ongoing record of issues, ambiguities, and desired amendments built during the life of a fixture. The starting point for next time's negotiations. Work with Alison: If you need a charterparty reviewed — whether you signed last week or you're six months into an eighteen-month charter — Cusack & Co can help. 🌐 cusackandco.com.au📩 Reach out via LinkedIn or drop your details via the contact form: forms.office.com/r/3wV6PS9wPB Support seafarers: The Mission to Seafarers provides welfare support to crew around the world.🔗 missiontoseafarers.org The Shipping Lawyer is hosted by Alison Cusack, founder of Cusack & Co, a specialist maritime law firm. The podcast covers shipping law, maritime practice, and the commercial realities of the industry. Nothing in this podcast constitutes legal advice. If you have a specific legal issue, please seek independent advice. If you enjoyed this episode: please leave a review, subscribe, and share with colleagues in shipping, logistics, or maritime law. It helps more people find the show.
THE SHIPPING LAWYER PODCAST Season 3 · Episode 4 | Show Notes
Gulf Cargo Crisis — Part 2:Crisis Management Is Not A Spectator Sport We are 18 days into the Gulf Cargo Crisis and the most expensive strategy in freight law is playing out in inboxes everywhere — sitting on it and hoping it resolves itself.
Gulf Cargo Crisis — Update 1: What Cargo Owners Need to Know Right Now The Gulf is in crisis. If you have cargo on the water, or you're a freight forwarder with clients who do, this episode is for you. Maritime and shipping lawyer Alison Cusack breaks down exactly what is happening in the Gulf right now, what it means for your cargo, and — critically — what you need to do this week before the window to act closes. In this episode: The geography of the crisis: why the Strait of Hormuz leaves zero alternative routes, and what that means for global supply chains The Baltimore bridge collapse playbook — and why the Gulf is the same movie with a higher budget The Master vs House Bill of Lading explained: why cargo owners who try to deal directly with the carrier often hit a wall, and how to navigate the chain correctly The Four Ds of a Gulf crisis: Detained, Delayed, Detoured, Denied — the risk profile of each one The surcharge wave that is already being prepared by carrier commercial teams, and how to know whether you can pass those costs on Force majeure: why it is not a get-out-of-jail-free card, and the back-to-back contract mismatch that is already causing problems What to do if your cargo is already stranded Phase 1 action list covered in this episode:Master B/L · House B/L · Carrier T&Cs · Forwarder trading conditions · Marine insurance policy · Purchase contract · Downstream sale contract LINKS Issue 1 Companion Workbook (document inventory, force majeure matrix, surcharge checklist): Workbook 📩 Gulf Crisis Paid Newsletter Series — Issues covering contracts, the US picture from TPM Long Beach, and recovery options: ⚖️ Contract review and legal enquiries: [email protected]