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Implementing the Cape Town Convention in the UK

Repossession and Insolvency - The UK has decided to override existing insolvency law by adopting Alternative A of Article XI of the Protocol. Where a creditor has a correctly registered its international interest, the...more

Shipping Executive Pleads Guilty to Ocean-Shipping Price Fixing Conspiracy

On Tuesday, March 10, 2015, an employee of the Japan-based Nippon Yusen Kabushiki Kaisha (NYK) pleaded guilty to a violation of the Sherman Act for conspiring to fix prices and rig bids for international ocean shipping from...more

Mainbrace: March 2015 No. 2

In this issue: - A Note from the Editor - Congress and Administration Take Cautious Approach to Crude Exports as Oil Prices Fall - Meet Blank Rome—Fairfield Sentry: Comity, Seller’s Remorse, and Chapter...more

Winds Of Change: A Flurry Of UAS Regulatory Proposals

On February 15, 2015, during a hastily organized press conference, the FAA announced its proposed rules for domestic UAS. But that wasn't the only UAS news coming out of the administration that weekend. ...more

Loss of cargo due to piracy held not to be an “in-transit loss”

Trafigura Beheer BV v Navigazione Montanari SpA [2015] EWCA Civ 91 - The subject vessel was chartered to carry a cargo of oil from Abidjan, Ivory Coast to Lagos, Nigeria. Clause 46 of the charter (on an amended BPVOY3...more

Court awards as damages costs incurred as a result of a breach of a law and jurisdiction clause

Swissmarine Services SA v Gupta Coal India Private Limited [2015] EWHC 265 (Comm) - The Claimant and Defendant entered into a COA which contained an English law and jurisdiction clause. When the Defendant failed to...more

High Court rules on inconsistency in charterparty arbitration clauses and applicable curial law

Reed Smith (Lianjun Li and Min Li of the Hong Kong office, Nick Shaw and Halani Lloyd of the London office) recently represented the successful Charterers in Shagang South-Asia (Hong Kong) Trading Co. Ltd v Daewoo Logistics...more

The Top 10 Questions Facing the LNG Industry in 2015

The only constant in the LNG industry again appears to be change – unpredictable change. The LNG supply and demand balance shifted in 2014 as LNG supply appears, at least temporarily, to have surpassed demand. Other...more

The Aviation Industry and Corruption

DOJ and the SEC have quietly (or maybe not so quietly) set an enforcement tone in the aviation industry. When you look over the last few years, we have several enforcement actions either pending or resolved involving the...more

Major Changes to Cuban Assets Control and Export Regulations Create New Opportunities for Trade

Action Item: On January 16, 2015, the U.S. Department of the Treasury’s Office of Foreign Assets Control and the U.S. Department of Commerce amended the Cuban Assets Control Regulations and the Export Administration...more

“Brillante Virtuoso” held to have been a Constructive Total Loss

The High Court recently held that the “Brillante Virtuoso” (the “Vessel”) was a constructive total loss (“CTL”) following an attack by pirates in July 2011. Mr Justice Flaux made important key findings in the CTL claim, which...more

Canada Invokes Extraterritorial Measures Law Against US Buy America

The Government of Canada today invoked a rarely used law to prohibit compliance with the U.S. Buy America legislation in relation to a proposed ferry terminal to be built by the State of Alaska in Prince Rupert, B.C. In order...more

Foreign Airlines Move to Dismiss Rate-Fixing Litigation

Last Friday, foreign cargo carriers filed motions to dismiss an air freight price-fixing suit brought by Schenker AG, the logistics division of Germany’s national railway company, Deutsche Bahn, in the Eastern District of New...more

Four Takeaways from the Ongoing Air Cargo Price-Fixing Litigation

Nippon Cargo Airlines Co. Ltd last week agreed to pay $36.55 million to settle claims that it conspired with other airlines to fix rates for air cargo services in the early 2000s. Two dozen airlines have settled in the...more

Trade Sanctions Roundup: U.S. Closes Out 2014 with Major Actions on Cuba, Russia, and Syria

The end of 2014 has seen major developments in U.S. foreign relations and sanctions policy with broad implications for the maritime industry. On December 17, President Obama announced a paradigm shift in relations with Cuba,...more

Piracy, Kidnap & Ransom: UK Bans Ransom Payments by Insurers

On 26 November 2014 the British Home Secretary introduced the Counter-Terrorism and Security Bill (the Bill) to Parliament, part of which deals specifically with prohibiting the payment of insurance claims in respect of...more

Boeing And The Commercial Aircraft Corporation Of China Open Aviation Biofuel Pilot Project

On October 22, 2014, Boeing and the Commercial Aircraft Corporation of China (COMAC) opened the China-U.S. Aviation Biofuel Pilot Project, a demonstration facility that will turn used cooking oil into aviation biofuel at a...more

International Implementation of EU Emission Trading Scheme Still Unsettled - The Scope of the Emission Trading Scheme Remains...

The European Union (EU) adopted a regulation in April 2014 that continued the application of the European Union Emission Trading Scheme (ETS) as to flights operated inside the European Economic Area (EEA). But implementation...more

Taxing Times for International Shippers Operating in the PRC

1 August 2014 marked the implementation date for the PRC’s new “Provisional Measures on the Collection of Tax on Non-Resident Taxpayers Engaged in International Transportation Business” 2014 No. 37 Notice. This Notice likely...more

The Issue of Priority and Statutory Ship Mortgages in the British Virgin Islands

Shipping business in the British Virgin Islands (BVI) is fast developing, and with this development, it is important to understand some critical elements, being financing and taking of security; hence, the significance of BVI...more

An Update on Aviation Regulatory Matters Involving DOT, FAA, TSA, Customs and Other Federal Agencies

Department of Transportation - - Regulatory ..DOT Extends Comment Period on Passenger Protection Rulemaking: DOT published a notice on August 6 extending the comment period for its Transparency of Airline...more

EU Sanctions Against Russia: Possible Effects on Aircraft Sector

Against the background of recent European Union (EU) sanctions targeting Russian airline Dobrolet, this note provides a general overview of relevant issues – especially in the context of the aircraft sector. I....more

Nationality of Vessels on Sea Trials Under U.S. Law

In 2013, approximately 1,147 commercial and military vessels were delivered by United States shipyards. This total includes vessels of all types – 8 deep-draft vessels and structures, 219 OSVs, tugs, towboats, passenger and...more

Ebola and its effect on shipping contracts

More than 1000 people have died in West Africa following the current outbreak of Ebola which began in March 2014. Guinea, Sierra Leone and Liberia are the worst affected countries but deaths have now also been reported in...more

The OSV Regs Cometh

As previously reported here, the offshore industry has been anxiously awaiting new United States Coast Guard (USCG) regulations for large offshore supply vessels (OSVs) in the wake of the 2010 Coast Guard Authorization Act...more

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