Undue Detention: Compensation After PSC
Compensation for a ship unduly detained or delayed by port State control, under IMO resolution A.1206(34) paragraph 2.1.4 and MLC 2006 Standard A5.2.1(8).
Undue detention is the detention or delay of a ship by port State control without adequate grounds. IMO resolution A.1206(34) paragraph 2.1.4 states that a ship unduly detained or delayed should be entitled to compensation for any loss or damage suffered, and MLC 2006 Standard A5.2.1(8) provides that compensation shall be paid, with the burden of proof on the complainant.
The full article will cover the convention provisions, the national-law route, the relationship with appeal and regional detention review, and the commercial consequences for owners and charterers, within port State control .