The BBNJ agreement, or ‘High Seas Treaty,’ was reached by delegates of the Intergovernmental Conference and is the culmination of talks that have spanned two decades. This historic milestone was met with tears and a standing ovation from delegates.
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To have and to (with)hold – Fastfreight Pte Ltd v Bulk Trident Shipping Ltd [2023] EWHC 105 (Comm) The “Anna Dorothea”
Can Charterers withhold hire without Owners’ consent, even if the vessel was off hire on the hire due date and where they had agreed deductions from hire would not be allowed without Owners’ written agreement?
Key facts
Under a charterparty
EU formalises its plans for the expansion of the EU ETS into shipping in 2024
What is the EU ETS and how is it changing?
The EU Emissions Trading Scheme (“EU ETS”) is a legislative scheme by which the EU caps emissions of greenhouse gases from certain industries by requiring emitters to surrender emission allowances
BIMCO CII Clause for Time Charters – The dust begins to settle
Just as there is no easy route to decarbonisation, there is no straightforward way of balancing a shipowner’s obligation to comply with the MARPOL Carbon Intensity Indicator (“CII”) Regulations with a time charterer’s right to direct the employment of a
Misdelivery claims: not an open goal for financing banks
There have been several decisions in 2022 about carrier’s defences to misdelivery claims under bills of lading.
Carriers face misdelivery claims when they deliver cargo without production of original bills of lading, but then someone else claiming to be the ‘lawful holder’
Subjects and separability
With thanks also to Counsel, Charles Holroyd at 7KBW.
In DHL Project & Chartering Ltd v. Gemini Ocean Shipping Co Ltd 2022-000247 [EWCA], the Court of Appeal, in a judgment upholding the High Court’s judgment of Mr Justice Jacobs, clarified the
The Eternal Bliss – Permission to appeal granted by the UK Supreme Court
The question of whether demurrage liquidates all or just some of the damages arising from a charterer’s breach in failing to complete cargo operations within the laytime has divided practitioners and academics for decades and, more recently, the English Court
Claims for misdelivery of cargo without presentation of B/Ls: “good faith” and “consent”
It is settled law that a carrier who delivers goods without production of the bill of lading is typically liable for any consequential losses suffered by the bill of lading holder. In the course of prosecuting its claim against the
Ship finance without a ship? Addressing the risks of newbuild financing
“It is good that I make you build, of this ship which shall sail on the sea, the hull, the decks and the mast, and then on a sunny day, like on a wedding day, I have you dress her
Court of Appeal overturns judgement on acceptable security in collision matter
Pacific Pearl Co Limited v Osios David Shipping Inc [2022] EWCA Civ 798
The Court of Appeal (“CA”) has overturned the decision of Justice Teare that security tendered under the Admiralty Solicitor Group form ASG 2 (Collision Jurisdiction Agreement) (“CJA”) needed to