Increase In Shipping Rates And Legal Issues Facing Shippers

• Published date: 24 February 2021
• Subject Matter: Corporate/Commercial Law, Transport, Coronavirus (COVID-19), Contracts and Commercial Law, Marine/ Shipping, Operational Impacts and Strategy
• Law Firm: Holman Fenwick Willan LLP
• Author: Mr Matthew Gore

The knock-on effects of the Covid-19 pandemic are continuing to impact the global shipping market, with a shortage of containers coupled with a rebound in demand for goods driving freight costs to unprecedented levels. In this article we consider the root causes of the increase in freight rates and some of the legal issues that shippers are now having to adjust to.

What's behind increasing freight rates?

By the end of January, the global average freight rates for a 40' container (FEU) reached $4,089, up almost 75% since the end of November 2020.¹ This increase is even more striking in respect of rates between East Asia and Northern Europe, which have more than tripled in the same period to almost $8,000/FEU.

The primary driver behind this increase in freight rates has been a shortage of containers at origin ports in Asia and, in particular, Shanghai (the world's busiest container port). This shortage is a hangover from the disruption caused in the shipping market during the first wave of the pandemic, when a high volume of empty containers were left stranded at ports across Europe and the US rather than returning to East Asia in the first half of the year.

This issue was only further exacerbated by the bulk purchase of PPE and other medical equipment - in the UK, the government was initially forced to stockpile PPE in containers at ports or other temporary facilities for weeks at a time until warehousing space became available. Similarly, due to the restrictions imposed because of the pandemic, many ports have been forced to lower their capacity, which coupled with social distancing and quarantining restrictions has forced turnaround times at ports to be slower.

While demand for containers was low, the relocation of shipping containers and disruptions at ports did not pose such a problem to the industry. However, the second half of 2020 saw a surge in demand, primarily driven by the continuing growth in e-commerce and consumer demand for goods, resulting in the demand for containers increasing by approximately 5 million TEU compared to the first half of the year.²

Carriers have, in fact, increased capacity and have chartered more vessels compared to 2019. However, despite these efforts, demand has outstripped supply for both containers and space onboard vessels, and this is what has caused freight rates to rise so significantly.

Shippers - between a rock and a hard place?

Volatility in container shipping rates is certainly not novel, and both carriers and...