Reed Smith recently acted for a mortgagee client who successfully purchased a vessel at a judicial auction, following default by a borrower under a loan facility and the vessel’s subsequent arrest.
Ship Law Log
Comment and analysis by Reed Smith lawyers on the latest developments in the shipping industry
Latest from Ship Law Log - Page 3
Hire and withdrawal
Introduction
Under English law, charterers’ obligation to pay hire as it falls due is absolute but the right to withdraw a vessel in case of default in charterers’ obligation to pay does not arise automatically. An express term will therefore…
Performance guarantees, vessel arrests, and implied terms
In CVLC Three Carrier Corp and Anor v Arab Maritime Petroleum Transport Company ([2021] EWHC 551 (Comm)), Reed Smith (Nick Austin, Charles Weller, Alfred Perkins, Vassilis Mavrakis) represented two shipowning companies in successfully overturning an arbitration award which…
The Crucial Role of the DPA in Casualty Response
Introduction
At nautical college mariners are taught about the importance of communication, particularly in emergency situations. Similar to the tale of Goldilocks, the trainers teach you, not too much, not too little, just enough. This is drilled into seafarers in…
During ocean-going vessel inspections, California is to increase fuel sample analysis
Beginning in May 2021, California Air Resources Board (“CARB”) enforcement staff will begin additional analysis of fuel samples taken during ocean-going vessel inspections. CARB is seeking to improve compliance due to changing international regulatory sulfur limits, which has created situations…
Smart as ever, the Supreme Court provides clarity on the crossing rules
By Mark Myles
On 19 February 2021 the Supreme Court delivered its very first judgment in relation to a collision action. While the Supreme Court was only established in 2009, it is almost half a century since the highest appellate court in England…
U.S. congress applies Jones Act to offshore wind
Congress recently affirmed that the Jones Act applies to offshore windfarms. It did so via amendment to the Outer Continental Shelf Lands Act (the “OCSLA”), in a brief section near the end of the annual omnibus National Defense Authorization Act.…
Trans-Tec International SRL, World Fuel Services (Singapore) Pte Ltd v the“Columbus” and the “Vasco da Gama” [2020] EWHC 3443 (Admlty)
Reed Smith (Charles Weller and Nick Wright) recently acted for the successful claimants (“WFS”) in two in rem claims against cruise ships “Columbus” and “Vasco da Gama”. The claims derived from WFS providing multiple bunker stems to the cruise ships,…
Guarantees
By Robbie Peroni & Gemma Adams
This blog post explores the different ways of drafting guarantees and how this interacts with the obligations of parties within the shipping industry.
What is a guarantee?
A contract of guarantee is an undertaking given by one party (the guarantor)…
The “Tai Prize” [2021] EWCA Civ 87: An invitation to the Master?
By Nick Austin & Nick Wright
At a glance: the words “CLEAN ON BOARD” and “SHIPPED in apparent good order and condition” in a draft bill of lading presented to the Master for signature, were merely an invitation by the shippers to the Master to make…