General Business Maritime Civil Procedure

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Losing the right to limit: Privy Council confirms parties can contract out of the 1976 Limitation Convention

This Alert looks at the question of whether it is possible to contract out of or waive the right to limit liability under the 1976 Convention on Limitation of Liability for Maritime Claims and if so, what is required in order...more

OW Bunker in Singapore – where are we?

Although the Singapore courts have not, to date, been required to consider the legal issues which have recently come before the English courts in the Res Cogitans, the cases which have come before the Singapore courts...more

Collateral lies: The lie is dishonest but the claim is not

The Supreme Court rules that a collateral lie embellishing a valid claim does not amount to a fraudulent claim. Versloot Dredging BV and another (Appellants) v HDI Gerling Industrie Versicherung AG and others [2016] UKSC...more

Distinguishing ‘collateral lies’ from the fraudulent claims rules in insurance contracts: the lie is dishonest but the claim is...

In Versloot Dredging BV and another v HDI Gerling Industrie Versicherung AG and others [2016] UKSC 45, handed down, last month, the Supreme Court ruled that a “collateral lie” made during the course of an insurance claim...more

Court of Appeal rules on indefinite demurrage claims

MSC Mediterranean Shipping Company S.A. v. Cottonex Anstalt - [2015] EWHC 283 (Comm) - A Court of Appeal decision handed down on 27 July 2016 of this week ruled that demurrage on detained containers, which could not...more

Supreme Court Upholds Finality of Arbitral Awards

A recent Supreme Court decision raises issues over the extent of court intervention in the arbitration process and reminds us of the importance of carefully selecting institutional rules so as to avoid (if necessary) the...more

Third Circuit Court of Appeals Upholds Carrier’s “Extended” Maritime Possessory Liens

Summary of Holding - In a recent opinion, in a case of first impression at the circuit level, the U.S. Court of Appeals for the Third Circuit held that maritime carriers and their customers may contractually extend the...more

Shelltime 4 – who bears risk of arrest?

In ST Shipping & Transport Pte Ltd -v- Space Shipping Ltd (“CV STEALTH”), the Commercial Court (“the Court”) heard an application arising out of an Arbitrator’s Award in respect of a dispute under a charterparty on an amended...more

Judgment in Maritime Arbitration Matter

Legal Principle - Even if a Bill of Lading does not expressly contain an arbitration clause it might refer disputes to arbitration through the charterparty which may include an arbitration clause. The reference to...more

Don’t trip up – a warning for owners

The recently decided case of SBT STAR BULK & TANKERS (GERMANY) GMBH & CO KG V COSMOTRADE SA (THE “WEHR TRAVE”) [2016] EWHC 583 (Comm) in the Queen’s Bench Division of the Commercial Court and before The Hon Sir Bernard Eder...more

Mitigation and the assessment of damages on early redelivery – “The New Flamenco”

Mitigation and the assessment of damages on early redelivery – “The New Flamenco” - Assessing the level of damages recoverable following the early redelivery of a vessel under a time charter can be a complex area of law...more

Congenbill ‘Paramount Clause’ – Hague or Hague / Visby Rules?

In Yemgas FZCO & Ors v Superior Pescadores SA [2016] EWCA Civ 101, the Court of Appeal considered whether the standard ‘Paramount Clause’ wording in the Congenbill incorporates the Hague Rules 1924 (the “HR”) or the...more

The challenge of mitigating your losses where there is no available market – ‘The New Flamenco’

Mitigation of damage where there is no available market is a difficult area of law and can be challenging. As the Court of Appeal recognised recently in its judgment in The New Flamenco, “it is notoriously difficult to lay...more

Mainbrace: January 2016 No. 1

2015 was an interesting year for the shipping industry. The dry bulk market had a very challenging 2015, with the Baltic Dry Index hitting new all-time lows. Based on various reports, the outlook for 2016 is not very...more

The Argument for Utmost Good Faith in Property Insurance

The term “bad faith” is commonly understood as a breach of the implied duty of good faith and fair dealing recognized in insurance contracts due to the “special relationship” between an insured and an insurer. Breach of this...more

Court of Appeal finds that ship owner “got what it agreed to pay for”

(1) PST Energy 7 Shipping LLC and (2) Product Shipping & Trading S.A. v. (1) O.W. Bunker Malta Ltd and (2) ING Bank N.V. [2015] EWCA Civ 1058. In a decision which has wide reaching implications for ship owners, the Court...more

Stuck in the Bunker – OW and Retention of Title

The fallout from the OW Bunker bankruptcy in November last year continues with a number of claims being heard in the English courts. Last month the owners of the vessel “Res Cogitans” appealed to the Court of Appeal against...more

Marine Insurance Coverage—The Uberrimae Fidei Defense and Reliance as a Necessary Factor

On August 20, 2015, the U.S. Court of Appeals for the Eighth Circuit ruled that demonstrating reliance is required to void a marine insurance policy under the uberrimae fidei defense. In doing so, the court reversed the...more

Courts in New York and Singapore Reach Opposite Conclusions on the Validity of Interpleader Applications Arising out of the OW...

On 7 November 2014, OW Bunker A/S (“OW”), a global supplier and trader of marine fuel, filed for bankruptcy in Denmark. Further bankruptcies of OW subsidiaries and affiliates swiftly followed, including the bankruptcy of...more

Ninth Circuit Revives Tort Claims Initially Dismissed Under Economic Loss Doctrine Where Product Caused Damage to “Other Property”

On June 29, 2015, the Ninth Circuit Court of Appeals, in CHMM LLC v. Freeman Marine Equipment, Case No. 13-35163 (D.C. No. 3:12-cv-01484-ST), reversed the District Court’s judgment in an admiralty case, holding that a vessel...more

Transocean/BP Settlement Ends Texas Law Insurance Dispute: What Are the Possible Future Implications?

A lesser known but interesting legal issue regarding the 2010 BP oil spill was whether an operator (BP) could recover insurance proceeds as an additional insured under its driller's (Transocean) insurance policies for...more

Freeze, Ship – You’re Under Arrest: Former Warship Now Underwater Following Court Order

The Federal Court ordered that a former Royal Canadian Navy destroyer be released from arrest before trial, without bail, so the ship could be sunk by its owner to create an artificial reef near Vancouver. ...more

Is payment of time charter hire a condition? The Astra reconsidered.

In Kuwait Rocks Co v AMB Bulkcarriers Inc (The Astra), Flaux J determined that the obligation to make punctual payment of hire under an amended NYPE time charter, whether on its own or in conjunction with an anti-technicality...more

First Circuit Recognizes Uberrimae Fidei In Admiralty Context

The First Circuit recently examined, in the admiralty context, the doctrine of uberrimae fidei, a legal doctrine requiring that all parties to an insurance contract deal in good faith and fully disclose all material facts....more

“OCEAN VICTORY” – Court of Appeal Decision

In Gard Marine & Energy Ltd v China National Chartering Co Ltd (Rev 1) [2015] EWCA Civ 16, the Appellant sub-charterers appealed the 2013 judgment of Teare J....more

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