In DHL Project & Chartering Ltd v. Gemini Ocean Shipping Co Ltd [2022] EWHC 181 (Comm), DHL (“Charterers”) succeeded in an application against Gemini (“Owners”) to set aside an arbitration award pursuant to section 67 of the Arbitration Act 1996
Ship Law Log
Comment and analysis by Reed Smith lawyers on the latest developments in the shipping industry
Latest from Ship Law Log - Page 2
Expecting the unexpected – BIMCO releases force majeure clause
By Nick Austin & Laura Hyne
In light of the unprecedented challenges faced by the shipping industry in recent years, BIMCO has recently released its long-awaited model force majeure clause for inclusion in charterparties and other shipping contracts.
Reed Smith first reported on the clause in…
EEXI and CII – shipping’s next environmental challenge
Introduction
There cannot be many people left in the shipping sector unaware that the International Maritime Organisation (IMO) has set a target of reducing annual greenhouse gas emissions in shipping by at least 40% by 2030 and pursuing a 70%…
Exemption clauses subject to contractual interpretation
Exemption clauses, including those purporting to exclude or limit liability for deliberate and repudiatory breaches, are to be construed by reference to the normal principles of contractual construction. There is no presumption in English law that exemption clauses do not…
Possession as we (don’t) know it!
By Nick Austin & Athina Douni
Possession and tangibility are closely related concepts long established under English law. Yet a change to these concepts is around the corner. The change could finally unlock the full potential of digital trade documents, while at the same time keeping…
Executive Order 14036 encourages competition compliance for shipping companies
President Joe Biden has issued Executive Order 14036 “Promoting Competition in the American Economy” (“the EO”) which was signed on 9 July 2021. The EO has the goal to promote competition within the U.S. economy to lower prices for families,…
New initiatives concerning sustainable transportation is published by the European Commission
Last month, the European Commission published two new proposals for EU regulations to encourage the use of sustainable fuels in aviation and shipping – namely the ReFuelEU Aviation and FuelEU Maritime initiatives, respectively. Both proposals are subject to public feedback…
Court of Appeal clarifies that term in trade recap stating that certificate of quality is final and binding is not qualified
By Nick Austin & Nick Moon
BP GTCs 2007: Septo Trading Inc v Tintrade Limited [2021] EWCA Civ 718
Introduction
In Septo Trading Inc v Tintrade Limited ([2021] EWCA Civ 718) the Court of Appeal overturned a High Court decision ([2020] EWHC 1795 (Comm)) that a…
U.S. cruises could restart by mid-July, U.S. CDC says
Recently, on April 28, 2021 the U.S. Centers for Disease Control and Prevention (“CDC”) distributed a letter to the cruise industry in which it notified the industry regarding clarifications and amplifications of the CDC’s Conditional Sailing Order (“CSO”) (the Letter).…
An update on security and enforcement during a global pandemic
By Lisa Meller & Nora Ling
Obtaining security for a party’s claim on the one side or security for a party’s costs on the other can be crucial remedies in times of a global pandemic where there may be issues with enforcement due to the…