Show Notes
In this episode of The Shipping Lawyer, Alison Cusack breaksdown the late-November 2025 fire onboard the container vessel ONE Henry Hudson in the Port of Los Angeles — an incident that triggered a major firefighting and salvage response and ultimately led to a declaration of GeneralAverage. We walk through what happened, why it mattered, and thereal-world legal and commercial consequences for carriers, cargo owners, insurers, and brokers — especially on large alliance vessels with thousands of bills of lading in play. In this episode, we cover: The incident timeline — from the fire at berth to offshorefirefighting and the vessel’s return to port Operational challenges incontainership fires, including stowage access, hazardous cargo risks, vessel stability, and controlled offloading Why General Average was declared and what that means in practice The role of the Average Adjuster (Richards Hogg Lindley) and how cargo release works Alliance and trade lane complexity — why the issuing carrier on your bill of lading matters What cargo owners and insurers can expect next, including guarantees, deposits, inspections, and long timelines Practical takeaways for: Shippers & freight forwarders — insurance checks,documentation, and GA readiness Next episode teaser: General Average — the ancient maritime principle everyonedreads but few truly understand. Why does it still control cargo release today? Who actually pays — and when? And why do some shipments move quickly while others are stuck for months? In the next episode, we break General Average step by step,using real-world casualties like ONE Henry Hudson to explain how itreally works. Because in shipping, General Average isn’t rare. It’s just poorly understood. This episode was brough to you by Cusack & Co Academy
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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]