The Court of Appeal upheld the decision of the Admiralty Judge in ‘The CMA CGM LIBRA’ in that a defective Passage Plan can render a vessel unseaworthy notwithstanding that the defect stemmed from navigational decisions. Any such error is attributable
Ship Law Log
Comment and analysis by Reed Smith lawyers on the latest developments in the shipping industry
Ship Law Log, published by Reed Smith LLP, focuses on legal issues related to maritime and shipping law. The blog covers topics such as ship finance, including sale-and-leaseback arrangements and lending structures, regulatory developments affecting port fees and tariffs, ownership and control implications for vessels, charterparty disputes and interpretations, compliance with international trade measures, and operational risks in shipping. It also addresses the impact of geopolitical actions on maritime commerce, legal challenges in ship repossession, and the allocation of costs and liabilities in shipping contracts. The blog provides analysis relevant to shipowners, charterers, financiers, and legal practitioners involved in maritime transport and shipping finance.
Latest from Ship Law Log - Page 12
BIMCO releases fresh sanctions clauses for time and voyage charter parties – Managing sanctions risk in 2020
In response to the evolving challenges facing the shipping industry in 2019, BIMCO has released new standard sanctions clauses for time and voyage charter parties. The release attempts to respond, in particular, to the United States’ more aggressive sanctions regimes…
Novel coronavirus and charterparty issues
On 30 January 2020, the World Health Organization declared the outbreak of the novel coronavirus (2019-nCoV) (the Virus) to be a Public Health Emergency of International Concern. It seems clear that the Virus is also having an impact on economic…
The JCPOA: is it the end?
On 14 January 2020, the UK, France and Germany (the “E3”) triggered the dispute resolution mechanism under the JCPOA by referring assertions of Iranian non-compliance to the Joint Commission.
The triggering of the dispute resolution mechanism could (but not necessarily…
Demurrage claims
There seem to be endless variations of the clauses in voyage charterparties requiring owners to provide copies of the relevant or supporting documentation with demurrage claims. We receive a surprising number of queries relating to what is required.
In Amalie…
Blog post on the Consortia block exemption regulation
On 20 November 2019, the European Commission (EC) published a further consultation on the proposal to extend the Consortia Block Exemption Regulation (BER).
The shipping and motor vehicles’ industries remain the only two sectors to benefit from a sector-specific block…
Shipment of waste regulations breach leads to £590,000 in fines and costs
Biffa Waste Services Ltd (Biffa) has been fined for breaching Regulation 23 of the Transfrontier Shipment of Waste Regulations 2007 after containers of paper for recycling were found to be contaminated with household waste. The fine was £350,000 plus an…
New opportunities for financiers: Decarbonisation
If the shipping industry were a country on its own, it would be the sixth largest greenhouse gas emitter worldwide. Economic and regulatory pressures, including the much-discussed IMO 2020, have been building up and there is no question that it…
Rubicon Vantage International PTE Ltd v. Krisenergy Ltd [2019] EWHC 2012 (Comm)
Summary
This case provides useful guidance on the application of rules of construction in relation to guarantees that display characteristics of both an “on-demand” guarantee and a “true guarantee,” and where obligations are undertaken by a non-bank entity. In such…
Force majeure clauses: what matters is not the label but the content of the tin!
The Court of Appeal in Classic Maritime Inc. v Limbungan Makmur SDN BHD and Another [2019] EWCA Civ 1102 contrasted the circumstances in which an exceptions clause and a contract frustration clause would operate.
The appeal concerned the charterer’s failure…