In the field of maritime law and shipping operations, there are certain legal documents designed to protect the interests of parties involved, especially the shipowner and ship’s Master. Two such documents that often create confusion are the Sea Protest and the Letter of Protest. While they might seem similar, they serve distinct purposes and are governed by different rules and procedures. Below, we compare these two documents to help clarify their differences
What is a Sea Protest?
A Sea Protest is a formal declaration made by the Captain of a ship, in which they describe the circumstances the vessel faced, such as adverse weather conditions, navigational difficulties, or other extraordinary situations that could affect the cargo or voyage. The primary purpose of the Sea Protest is to protect the captain, shipowner, and vessel from potential liability for damages or losses incurred during unforeseen circumstances beyond their control.
This document is typically filed in the event of an incident, such as:
- Bad weather conditions (storms, rough seas,…)
- Accidents or damage during the voyage
- Other acts of nature (e.g., piracy, mechanical failure,…)
Sea Protest serves as a statement that the captain followed all necessary actions to mitigate the effects of these events. It is typically filed with a notary public or other authorized officials, and is often accompanied by supporting documents such as the ship’s logbook, charts, photographs, or witness statements.
What is a Letter of Protest?
On the other hand, a Letter of Protest is a written notice of dissatisfaction or complaint regarding a particular situation or event in maritime operations. This document is not necessarily a legal obligation, but it serves as a formal way to express grievances against specific parties involved in the operation, such as the shipowner, charterers, cargo handlers, or agents.
The Letter of Protest is used to:
- Notify a party (e.g., charterers, ship agents, port operator, shipper, consignee) of any issues or delays
- Formalize complaints in instances where the captain or crew feels that the shipowner or another party has not fulfilled their obligations
- Preserve rights for further legal actions or claims
Unlike the Sea Protest, the Letter of Protest does not require confirmation by a notary or other legal body. It is merely an official record that can be used later in legal proceedings or negotiations.
Key Differences Between Sea Protest and Letter of Protest
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Criteria
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Sea Protest
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Letter of Protest
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Nature
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A formal declaration made by the captain regarding unavoidable circumstances.
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A written notice of dissatisfaction or complaint to a concerned party.
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Purpose
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To protect the ship and captain from liability due to unforeseeable events.
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To raise a complaint or express dissatisfaction with a specific party.
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Recipient
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Not directed to any specific party (e.g., “To whom it may concern”).
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Directed to a specific party (e.g., charterers, agents, cargo owners).
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Supporting Documents
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Accompanied by evidence such as logbooks, charts, or witness statements.
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May not have supporting documents; typically a standalone letter.
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Legal Requirement
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Often requires formal confirmation by a notary or relevant authorities.
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Does not require official confirmation or legal acknowledgment.
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Legal Use
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High legal value, especially for insurance claims or disputes.
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Primarily used to document complaints and preserve rights for future action.
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Applicable Situations
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Used for force majeure events (weather, accidents).
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Used for operational issues, delays, or failures of contractual obligations.
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When to Use Each Document?
- Sea Protest is typically used when a ship faces unavoidable situations like storms or accidents, and the captain wants to formally document that these events occurred despite efforts to mitigate the damage. It is a legal safeguard to avoid liability for events outside the captain’s control.
- Letter of Protest is used more often in commercial disputes. For example, if there is a delay in cargo handling, or if the crew believes a party (like a charterer or ship agent) is not fulfilling their responsibilities, a Letter of Protest is used to formally notify the concerned party about the issue.
Conclusion
While both the Sea Protest and the Letter of Protest are vital documents in the maritime industry, they differ significantly in their function and purpose. The Sea Protest is a formal legal document used to protect against liabilities due to uncontrollable circumstances, whereas the Letter of Protest is more of a formal notification of dissatisfaction or complaint. Understanding these differences is crucial for maritime professionals to ensure they choose the correct course of action when faced with challenging situations at sea.
BBC – SMR Marine
Manager – Capt. CAN SON DUNG
+84 0921755555
