Did you miss our digital edition of MAINBRACE: December 2021? You can download our newly released PDF version here.
The post Now Available—Print Edition of MAINBRACE: December 2021 appeared first on Mainbrace.
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Don’t Ignore Bankruptcy Code’s Chapter 15 in Civil Actions; It Ends the Unpredictable Ad Hoc Comity Analysis
Michael B. Schaedle and Evan J. Zucker In 2005, the United States adopted the Model Law on Cross-Border Insolvency, promulgated by the United Nations Commission on Internal Trade, under chapter 15 of the United States Bankruptcy Code. In so adopting,…
Changing EU Data Transfer Requirements Create New Challenges
Karen H. Shin and Alex C. Nisenbaum Businesses in the maritime industry may not think of themselves as engaged in significant processing of personal data. However, global shipping and logistics companies regularly transport personal data around the globe. This may…
Carriage of Goods by Sea Act Fundamentals
Vanessa C. DiDomenico The Carriage of Goods by Sea Act (“COGSA”) defines the basic relationship—duties, liabilities, rights, and immunities—between ocean carrier and cargo owner. COGSA was passed in the United States in 1936 and its enactment was the result of…
Can the Biden Administration Meet Its Offshore Wind Goals?
Joan M. Bondareff and Dana S. Merkel UPDATE: In the first week of his presidency, President Biden, by Executive Order, set a goal of doubling offshore wind by 2030—an ambitious goal to help put the United States on a path to meet…
Maritime Law Primer: Maritime Liens and Arrests under U.S. Law
Alexandra Clark and Emma C. Jones MARITIME LIENS What is a maritime lien? A maritime lien is a non-possessory right in a vessel that gives the lienholder a right to proceed in rem against the property. In the United States,…
Maritime Decarbonization
Stefanos N. Roulakis and Vanessa C. DiDomenico As the international shipping industry prepares to reduce emissions, there are many recent developments that present both obstacles and opportunities that must be explored while preparing to set sail on the challenge. IMO…
Marine Casualty Investigations: Legal Standards
Zachary J. Wyatte Without a doubt, shipping industry stakeholders should always strive to have zero days lost due to accidents. But, equally, the industry should also always be prepared to immediately respond to and investigate unfortunate events when they occur.…
The Gateway to Federal Court: Admiralty Jurisdiction and Limitation of Liability
Noe S. Hamra and Zachary R. Cain In the United States, state and federal courts operate on a dual track, with the difference that state courts are courts of “general jurisdiction” (hearing all cases not specifically reserved to federal courts),…
What If the Ever Given Grounding Had Occurred Here?
Jeffrey S. Moller The timing of the Ever Given’s grounding in the Suez Canal could not have been better, at least as far as my admiralty law students at Drexel University and I were concerned. The incident occurred right after…