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Cuba Practice Update - April 11, 2013

Cuba Details Rules for Special Economic Zone - The Cuban government last week released details of customs reforms for a long-planned free trade industrial manufacturing and maritime shipping facility in the Mariel...more

Florida Port Strike May Not Happen As Negotiations Continue Into 2013: News Release of the Week

Florida's economy needs its active and efficient ports and while on one hand, there's construction underway to make Port Miami big enough to deal with the increased traffic coming from the Panama Canal expansion, on the other...more

ILA-USMX Contract Extended 30 Days

The International Longshoremen’s Association (ILA) and the United States Maritime Alliance (USMX) agreed on a 30-day extension of the current coast-wide master contract, temporarily shielding East and Gulf Coast ports from...more

Strike Threatens Port of Charleston

After the latest breakdown in labor negotiations, ports along the U.S. East and Gulf coasts, including Charleston, are threatened with a strike by the International Longshoremen’s Association (ILA). The ILA and the...more

TRANSACTIONAL: Transaction: Allocation of Ship-Shore Liability: Use of Port Liability Agreements to Provide Protection and...

The use of port liability agreements to allocate ship-shore liability in a marine casualty event has been widely adopted by U.S. LNG import terminals. As many of these terminals transition to bi-directional operations, they...more

Dockworkers Union Threatening to Strike October 1

The dockworkers union along the East and Gulf Coasts is threatening to strike on October 1, should there be no agreement with transportation providers by the end of September. Such a work stoppage will adversely affect U.S....more

Port State Control Detention Over Two Hour Temporary Defect Upheld

In a decision handed down last week, the Administrative Appeals Tribunal upheld a PortState Control decision to detain a ship for a defect which was rectified within approximately two hours of the inspection. Whilst the...more

Foreign Arbitration Agreements in Australian Voyage Charterparties Void

In a recent decision the Federal Court of Australia held that foreign arbitration agreements in voyage charterparties for the carriage of goods from Australia are void. As a result, the Court refused to enforce two London...more

Application of the word "about" – When does under-consumption start?

The Gaz Energy No.2 On 21 June 2012, the High Court handed down its decision on a time charter performance case where the issue was whether, in circumstances where the vessel has performed within the consumption...more

GUARDCON

All industry participants will be well aware of the difficulties caused by the recent flourishing of piracy in the western Indian Ocean and elsewhere. A whole vessel security industry continues to grow, particularly in Dubai,...more

What’s done cannot be undone: The perils of e-mail confirmations of payments for vessel necessaries

Most contracts for the sale of goods and services contain a standard provision regarding the application of payments on overdue accounts, such as: “When more than one invoice is past due at the same time, Seller shall be...more

When No Privity of Contract Qualifies as “Any Contractual Relationship” under OPA

Transactions to procure supplies for vessels engaged in international trade typically involve numerous international and local brokers, agents and contractors.  The vessel operator or charterer will place an order...more

A Checklist: What to Expect When Financing Vessel Construction

When seeking construction financing for a proposed newbuilding, shipowners should understand and be prepared to address the particular concerns that lenders have in assessing risk and documenting vessel construction...more

Shipping and the New Personal Property Securities Regime

The Personal Properties Securities Act 2009 (Cth) (“PPSA”) establishes a new system for the registration and preservation of security interests in any personal property (other than...more

Hill Harmony case still defines a master’s authority

Originally published in Tanker Shipping & Trade I October/November 2011. The law is explicit on who has the final say on a vessel’s route, writes John A C Cartner* A great deal of ink has been spilt by commentators...more

Shipping Newsletter - August 2011, Issue 28

In this issue: The Effect of Insolvency on a Charterparty; The Bribery Act 2010; Federal Maritime Commission Eases Rate Filing Requirements; Update: Sanctions Regimes; Case Study: Refusal of Orders to proceed to Yemen; Case...more

Dolphin Tanker Srl v Westport Petroleum Inc (The Savina Caylyn) [2010] EWHC 2617 (Comm)

Oil Major's Approval. Vetting and Off-hire.

First time the effect of the owners’ failure to obtain in due time an oil major approval came in sight in The Seaflower [2001] 1 Lloyd’s Rep 341 case. Although the main difficulty met in this case was the clause drafted with...more

Shipping Group Monthly Bulletin - July 2011

In This Issue: BIMCO...3 BIMCO publishes Wreckhire 2010...3 CIVIL PROCEDURE...4 High Court grants relief from sanctions where the deadline for service of a witness statement was a bank holiday,...more

Container Detention Charges Held Not To Be Penalties

In a decision handed down on 18 April 2011, the Consumer, Trader and Tenancy Tribunal (“CTTT”) of NSW has held that container detention charges are not penalties and are enforceable at law. This article will be...more

US security rule is a curse on seafarers

The maritime hobgoblin rears its head again.Work in maritime America ismeted out to theworthy by the organs of state security. The Transportation Security Administration is the gatekeeper,with the detested...more

Trade Association Asks FMC to Reopen NRA Rulemaking

On April 12, 2011, counsel for the National Customs Brokers and Forwarders Association of America (“NCBFAA” or “the Association”) submitted a letter to the Federal Maritime Commission (“FMC”) offering commentary and a request...more

FMC’s New Rule Exempts Licensed NVOCCs from Tariff Publication Requirements

On February 16, 2011, the Federal Maritime Commission (“FMC” or “Commission”) adopted new regulations which provide non-vessel operating common carriers (“NVOCCs”) with an exemption from tariff publication requirements of the...more

Court of Appeal clarifies issues relating to Marine Insurance, Piracy, and the treatment of Ransom Payments as a matter of English...

Masefield AG v Amlin Corporate Member Ltd [2011] EWCA 24 The Facts The vessel "BUNGA MELATI DUA" was captured in the Gulf of Aden by Somali pirates, while carrying cargo belonging to the Claimant. Negotiations for the...more

Shipping Newsletter - December 2010, Issue 27

IN THIS ISSUE: 1. Can a Vessel be arrested for a Forward Freight Agreement claim in China? 2. Changes to Port State Controls 3. A Second Bite at the Litigation Cherry: “Collateral Attack” 4. The Maritime Labour...more

Calificación jurídica de los contratos atípicos por la Corte Suprema de Chile

Comentario sentencia dictada por la Corte Suprema que versa sobre la naturaleza jurídica del vínculo que unió a un importador de determinadas mercancías, quien actuó subrogado por su...more