Written by attorneys · grounded in primary & secondary sources — see below
The officer who commands a merchant vessel and exercises authority over its navigation, cargo, and crew.
Sources & Authorities
How it applies
Common Examples
6
Contribution for Government Charter
Simon Stern, shipmaster of the cargo vessel owned by Spectrum Financial, directed all navigation and cargo decisions during the voyage. He exercised full command over the crew's physical handling of the load. This authority confirmed his status as master under agency principles.
Control Over Crew Conduct
Solomon Silver, shipmaster aboard a vessel chartered by Sierra Solutions, directed the crew's physical handling of cargo during loading. He retained the right to dictate each sailor's movements on deck. This authority established his status as master under agency principles.
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Statutes
Federal Rules
Uniform Acts
Model Codes
Restatements
Dictionaries
Sebastian Santos, shipmaster of the freighter operated by Southland Foods, supervised a deckhand whose every mooring task he controlled. The deckhand performed the service as part of the master's directed operations. The relationship therefore classified the deckhand as a servant.
Forum Selection in Charter Dispute
Sasha Stone, shipmaster of the vessel owned by Sterling Dynamics, signed a charter containing a foreign forum clause. When cargo damage occurred, the clause directed litigation to the designated court. The shipmaster's authority to bind the vessel supported enforcement of the clause.
The Bremen v. Zapata Off-Shore Co.407 U.S. 1 (1972)
Passenger Ticket Enforceability
Seth Shapiro, shipmaster of the cruise ship operated by Spectrum Financial, accepted tickets containing a forum selection clause. Passengers later challenged the clause after an onboard injury. The shipmaster's role in vessel operations confirmed the clause's application to claims arising from the voyage.
Carnival Cruise Lines, Inc. v. Shute499 U.S. 585 (1991)
Vessel Detention During Embargo
Sylvia Santos, shipmaster of the Emulous, faced detention after an embargo order. She negotiated with agents to move the vessel to a safe port while preserving cargo interests. The shipmaster's command authority determined the vessel's compliance with the embargo restrictions.
Brown v. United States12 U.S. 110 (1814)
Common questions
Frequently Asked
3
What authority does a shipmaster hold over the vessel and crew?+
A shipmaster commands the vessel and directs the physical conduct of the crew in performing maritime services. This control establishes the shipmaster as a master under agency law. The shipmaster's decisions bind the vessel in navigation and cargo matters.
How does a shipmaster's role differ from that of a court-appointed master?+
A shipmaster commands a vessel at sea. A court master assists judges with procedural or evidentiary tasks under the Federal Rules of Civil Procedure. The two roles share the label but operate in entirely separate domains.
Can a shipmaster bind the vessel owner through contracts signed at sea?+
A shipmaster's command authority allows binding the vessel on navigation and cargo matters. Agency principles confirm that such acts fall within the scope of the master-servant relation. The owner remains responsible for those authorized decisions.
347 U.S. 483, 74 S. Ct. 686, 98 L. Ed. 873 (1954)Remedies
…decrees in these cases;" "(b) if so, what specific issues should the decrees reach;" "(c) should this Court appoint a special master to hear evidence with a view to recommending specific terms for such decrees;" "(d) should this Court remand to the courts of first instance with directions to frame decrees in these cases…