Notarial Marine Protest (Note of Protest + Extended Protest) for Master / Owner / Charterer / P&I — Thai COGSA + Hague-Visby + York-Antwerp 2016 + Apostille (มีผล 28 ก.พ. 2570)

Within how many hours must the Note of Protest be filed?

**24 hours** of arrival at the next port of call under custom of the sea, Lawyers Council Reg. 2546 § 24, and Marine Department Notice 2019. Filing later invites adverse inference from LMAA / SCMA / HKIAC arbitrators and a denial by underwriters. If the vessel cannot reach port (e.g. disabled at sea), the master must record the event in the deck log, radio the P&I club immediately, and file the Protest at the first port reached.

Does Thailand apply Hague-Visby or the Hamburg Rules?

Thailand applies the **Carriage of Goods by Sea Act B.E. 2534 (Thai COGSA)**, which mirrors the **Hague-Visby Rules** (Thailand is not a party to the Hamburg or Rotterdam Rules). Carriers enjoy the 17 defences of Art. IV r.2; notice within 3 days; 1-year limitation; package limitation of 666.67 SDR per package or 2 SDR/kg, whichever is greater. Bills of lading issued from Thai ports are construed under COGSA 2534.

The master signs in English — can a Thai notarial attorney certify?

Yes — Notarial Services Attorneys under Reg. 2546 § 17 are trained and examined in English by the Lawyers Council and routinely act bilingually (TH / EN). For other languages (Chinese, Japanese, Korean, Arabic, Russian) we add a sworn translator's declaration and double-notarize.

Which flag states accept the Apostille on a Marine Protest?

HCCH Apostille 1961 (entering into force in Thailand on 28 February 2027) is recognised by all **127 HCCH parties**, including the top flag states: **Liberia, Panama, Marshall Islands, Hong Kong, Singapore, Greece, Malta, Cyprus, Bahamas, UK Red Ensign, Norway, Denmark, Germany, Italy, France, Spain, Netherlands, USA, Japan, South Korea, China.** For non-HCCH destinations (Saudi Arabia, certain UAE matters, Vietnam, Myanmar) embassy legalization via MFA → destination embassy is required.

Do P&I clubs require a Marine Protest?

**Yes.** BIMCO standard P&I wordings + International Group Rules require members to (1) file a Note of Protest within 24 h, (2) preserve evidence under the disclosure rule, (3) notify the club within 7 days, and (4) refrain from admitting liability without consulting the club. Failure exposes the member to denial under the pay-to-be-paid rule (The Fanti / Padre Island, 1990 UKHL).

What is General Average and how does it relate to the Marine Protest?

General Average is the doctrine under which damage and expenses voluntarily incurred for the common safety (e.g. jettison of cargo, salvor's fees, repairs at a port of refuge) are **shared pro rata** between shipowner, cargo owners, and freight by value at the end of the voyage (YAR 2016 Rule G). The Marine Protest is the **primary contemporaneous evidence** that the average adjuster (Richards Hogg Lindley, WK Webster, etc.) relies on; cargo owners must sign an Average Bond + guarantee before taking delivery.

Salvage — LOF 2020 or JCT 2009?

**LOF 2020 (Lloyd's Open Form 2020)** is the dominant standard (over 90% of international salvage) — **no cure no pay** + Article 14 SCOPIC Clause for environmental damage. LOF awards are arbitrated by Lloyd's Salvage Arbitration Branch in London. **JCT 2009** (Japan Shipping Exchange) is occasionally used in Asia-Pacific. For Thai-port casualties, the Marine Protest must record exactly when the salvor commenced operations and the type of service (towage / refloating / firefighting / pollution response).

How many hours of VDR recording must be retained?

Under **SOLAS Ch. V Reg. 20** + IMO performance standard MSC.333(90), VDRs must retain **12 h of the most recent data (S-VDR)** or **48 h (full VDR)** depending on vessel age. Recorded streams include bridge audio, VHF, radar, AIS, ECDIS, engine and rudder orders, and hull stress where fitted. After an incident the master **must save the VDR immediately** (bridge button) because data auto-overwrites within 12–48 h. Failure to save is spoliation and triggers adverse inference.

Can the Marine Protest be used in LMAA or SCMA arbitration?

**Yes — it is standard practice.** LMAA Terms 2021, SCMA Rules 4th Ed., HKIAC, and ICC Maritime all accept notarial Marine Protests as documentary evidence under (for example) LMAA Rule 22 documents-only procedure. The arbitrator retains discretion over weight, considering (1) proximity in time, (2) consistency with VDR / AIS, and (3) the notary's independence from the owner's counsel.

How much does a Marine Protest cost?

Fixed fee: (1) **24-hour Note of Protest** at Laem Chabang / Bangkok — **quote on request (phone / LINE / email)** (includes surveyor, notary, Apostille); (2) **upcountry ports** (Map Ta Phut, Songkhla, Phuket) — quoted on request (includes travel); (3) **anchorage / boat transfer** — quoted on request; (4) **Extended Protest + cargo survey** — quoted on request depending on damage scope; (5) **General Average Bond drafting** — quoted on request; (6) **MFA Apostille** — quoted on request for express same-day. **No contingency on salvage award or GA adjustment** under Lawyers Council Ethics § 11.

Why no contingency on salvage awards?

Lloyd's Open Form 2020 and LMAA standard practice both prohibit attorneys notarizing a Marine Protest from holding a financial interest in the salvage arbitration outcome, because that creates a **conflict of interest** — the attorney would be incentivised to overstate facts to secure a higher salvor award. Thai Lawyers Council Ethics § 11, Hong Kong Solicitors' Practice Rules, and the SRA Code of Conduct prohibit this expressly. We quote a fixed fee in writing with full disclosure before commencing.

What if the master refuses to sign but the owner instructs filing?

**We cannot notarize.** Lawyers Council Reg. 2546 § 20 requires the affiant to sign **in person, voluntarily, and with knowledge of the contents.** If the master refuses, the owner must (1) exercise the right to replace the master under the charterparty; (2) obtain a court order compelling signature in exceptional cases; or (3) use a chief officer's affidavit (only if the master is deceased / missing). Coercing the master breaches Penal Code § 309 (coercion) and risks Penal § 177 (false oath).