Caselaw

Civil Case (Haifa) 50975-11-21 The Phoenix Insurance Company Ltd. v. Hafnia Tankers Ship Holdings Singapure Pte Ltd - part 9

August 2, 2026
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This conclusion, as a result of the incident, should have been reached by the person in charge of charging on behalf of IEC in real time.

  1. And to be precise. The responsibility for making decisions in this matter rests with the person in charge of loading, and not with the ship's crew, taking into account the person's familiarity with the place of docking and confinement and the conditions of the place, and due to the powers granted to him (see also section 55 of the Ports Regulations).

See also the testimony of Rabbi Gidron (p.  11 of the transcript of the meeting, line 10), according to which as the "person in charge of loading" he gives instructions to the ship.  An illustration of the authority of the person in charge of loading is illustrated in the case before us, when Corporal Gidron himself stated, in his report that at 20:36 he gave an instruction to the captain of the ship regarding the preparation of the engine to remove the ship from the link, an instruction which the captain implemented, in accordance with the duties imposed on him.

IN ADDITION, AN ILLUSTRATION OF THIS CAN BE FOUND IN THE REPORT OF THE INCIDENT INVESTIGATION BY RASPAN (N/7, Section 6 OF CHAPTER 10), WHERE IT WAS DETERMINED THAT "ON THE SHIP, THE PILOT SERVES AS THE LOADING MASTER.  The high authority and responsibility in the matter of containment/disconnection of the tanker to the multi-liner links."

It is no coincidence that Raspan's 2017 procedure chose to emphasize, in clause 3.4.3.6, that "for the avoidance of doubt, it should be emphasized that the responsibility for the implementation of this directive (regarding the failure to allow the ship to continue to be tied and disconnected in the spirit of 25 knots) rests with the IEC through its routers."

  1. It should be noted that Rabbi Gidron's answers in the cross-examination raise the possibility that the failure to release the ship at a much earlier stage stemmed from a decision that was influenced by his concern about IEC's and Paz's position regarding the "early" release of the ship from detention.

This is what came up on page 21 of the transcript of the meeting, line 25 onwards:

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