INDIA Law and Practice Contributed by: Gautam Bhatikar, Deeksha Dev Singh and Isha Patil, Phoenix Legal
a force majeure clause, to determine whether non-performance can be excused. Such frustra - tion may arise if the vessel is lost, a critical port becomes inaccessible, or unforeseen events such as natural disasters, political unrest or port closures make timely performance impossible. If the contract’s performance becomes impos - sible or radically different from what was agreed upon due to these external factors, it could be considered frustrated, releasing the parties from their obligations without liability. 8.2 Enforcement of the IMO 2020 Rule Relating to Limitation on the Sulphur Content of Fuel Oil India has incorporated and implemented the IMO 2020 regulations, limiting the sulphur con - tent of fuel oil used on board ships. The office of the Directorate General of Shipping is responsi - ble for the enforcement of the sulphur content limitation in India. The limit on sulphur content of fuel oil used by vessels when calling at ports in India and when navigating in India’s territorial waters is 0.50% mass by mass (m/m). The regulations are enforced by the Indian Coast Guard, the Indian Customs and the Directorate General of Ship - ping. No specific enforcement actions have yet taken place in India to enforce the sulphur content limi - tation, but the Indian government has taken a number of measures to ensure compliance with the regulations, including conducting regular inspections and monitoring of vessels calling at Indian ports. There have not been any proceedings or sanc - tions in India due to a violation of the sulphur content limitation or related regulations. How - ever, shipping companies are advised to ensure
compliance with the regulations to avoid any penalties or other consequences that may result
from non-compliance. 8.3 Trade Sanctions
India has incorporated some of the international trade sanctions imposed by the United Nations into its domestic law. The Indian government has the power to enforce these sanctions under the Foreign Trade (Development & Regulation) Act of 1992, which gives it the authority to regulate imports and exports. In recent years, India has been party to some international trade sanctions, such as those imposed on North Korea and Iran. Indian entities that have been sanctioned by trade sanctions include certain individuals and organisations suspected of supporting terrorism or violating human rights. In these cases, legal proceedings have been conducted in India in accordance with Indian law. It is important to note that India has not imposed any trade sanctions on Russia in response to the conflict in Ukraine. However, some Indian com - panies may have been affected by the sanctions imposed by other countries on Russia, such as the USA and the EU. There are no specific mechanisms within the Indian legal system that allow trade activities otherwise banned by sanctions. However, the government may grant licences or exemptions on a case-by-case basis, in accordance with its obligations under international law and its national interests. 8.4 International Conflict(s) International conflicts – such as the war in Ukraine, attacks on vessels in the Red Sea by the Houthis, and disruptions to strategic water -
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