International Trade Maritime

Read need-to-know updates, commentary, and analysis on International Trade issues written by leading professionals.
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Registration of Cyprus Ships

Cyprus is a leading forum in the international maritime industry mostly due to its attractive tax system for ship owners and ship managers and due to its ratification of major international maritime conventions. Cyprus is...more

Crowley Executive Acquittal in Price Fixing Trial Highlights Importance of Evaluating Legitimate Defenses and Avoiding Costly Plea...

A federal jury’s recent acquittal of a shipping company executive charged with price fixing highlights the challenges and uncertainties the Antitrust Division of the Department of Justice (“DOJ”) faces when defendants force...more

MARAD Issues Final Policy on Licensing Offshore Oil and LNG Export Facilities

The Maritime Administration (MARAD) issued its final policy on May 7, 2015, regarding the review and processing of applications for the export of oil and natural gas from offshore deepwater port facilities under the Deepwater...more

Developments in EU Transport Law

Consultation on the Aviation package for improving the competitiveness of the EU Aviation sector–In the context of the European Commission’s envisioned Aviation Package aimed at identifying the challenges facing the EU's...more

Hong Kong court - enforcing a maritime arbitration award by arresting a ship

The arrest of a ship to obtain security for a maritime claim in jurisdictions where this is permitted is a powerful weapon in the armory of a claimant in shipping disputes. There has, however, been a concern that a claimant...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

Eleventh Circuit Refuses to Apply International Safety Management Code as Basis for Vessel Negligence

In John Horton v. Maersk Line, Limited, Case No. 14-14450 (11 Cir., 02/27/2015) the 11th Circuit issued an unpublished decision finding that the International Safety Management Code (the “Code”) did not create vessel duties...more

Executive Labor Summary - February / March 2015

Massive labor disputes on two of three U.S. coasts - Large scale industry-wide labor disputes were in the news daily in early 2015. A West Coast port labor dispute between the International Longshore and Warehouse Union and...more

Court of Justice of the European Union Rejects the Appeal of Italian National Extradited to the United States for Price-Fixing...

On February 9, the Court of Justice of the European Union made public its January 28, 2015 order rejecting the appeal of Mr. Romano Pisciotti, an Italian national who was extradited from Germany to the United States in April...more

EPA Promulgates Robust Emission Control Area Enforcement Policy

Action Item: Violators of Emission Control Area requirements face hefty penalties under the Environmental Protection Agency’s new penalty policy. Owners and operators of vessels operating in the North American and U.S....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

Mainbrace - January 2015 No. 1

In this issue: - A Sea Change Sweeps over Congress: A Look Back and a Look Ahead - Shipping & International Trade Law (Second Edition 2015) - Congress Passes Coast Guard Bill in Waning Hours of 113th...more

Commerce Department Issues New Guidance on Technical Crude Export Issues

Action Item: New policy guidance in the form of “Frequently Asked Questions” was published by the Commerce Department on December 20, 2014, with regard to crude oil export controls. Stakeholders interested in crude oil...more

Administration’s Proposed Seafood Traceability Program Could Impose New Requirements on U.S. Fishing and Seafood Industries

Domestic fish harvesters and seafood producers could face new federal mandates under a seafood traceability program being developed by the Obama Administration. Last month, the Administration announced the Recommendations of...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

OFAC Clarifies Treatment of Deferred Payments, Oil and Gas “Production,” and Artic Offshore Projects Under Russia Sanctions Regime...

On December 11, 2014, the U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC) released new guidance related to existing U.S. sanctions against Russian entities designated on the Sectoral Sanctions...more

In re Application of Owl Shipping: Does § 1782 permit discovery to aid foreign arbitral proceedings?

The District of New Jersey has issued a recent opinion highlighting a potential resource for parties engaged in foreign arbitral proceedings – the use of 28 U.S.C. § 1782, which allows parties engaged in foreign proceedings...more

New York Federal Court Holds That Arbitrator’s Undisclosed Serious Health Condition Is Not Ground for Vacatur

There are several differences between court litigation and international arbitration, but two in particular stand out. First, whereas the losing party at trial can bring an appeal, the losing party in an arbitration can only...more

FCPA Compliance and Ethics Report-Episode 102-interview with Bruce Carton [Video]

In this interview I visit with Bruce Carton, founder and editor of Securities Docket. We discuss the recently concluded 2014 Securities Enforcement Forum; its panels, discussions and vibe. ...more

Maritime Cybersecurity: A Growing Threat Goes Unanswered

The maritime industry may beone of the oldest in the world, but in-depth reports issued by the United States Accountability Office (“GAO”) and the European Network and Information Security Agency (“ENISA”) confirm that our...more

Mainbrace - October 2014, No. 3

In This Issue: - Maritime Cybersecurity: A Growing Threat Goes Unanswered - Valuation in Maritime Chapter 11 Cases: Genco and “NAV” - Is the U.S. Prepared Legally and Operationally to Protect Its Arctic...more

MARAD Issues Proposed Policy on Oil and Gas Exports from Offshore Facilities

On Oct. 16, 2014, the Maritime Administration (MARAD) issued a notice in the Federal Register seeking public comments on proposed policies regarding the review and processing of applications for the export of oil and natural...more

Energy Newsletter - October 2014

In This Issue: - Mexico's New E&P Contracts - Electricity Reform in Mexico: New Opportunities and Roles - New Licence Terms Promoting Unconventional Exploration and Production are Introduced for the UK's 14th...more

Is the U.S. Prepared Legally and Operationally to Protect Its Arctic Interests?

The answer to this question is a resounding “no.” The U.S. is not prepared to protect its interests in the Arctic over the next decade. The primary legal regime that is being relied upon by all members of the Arctic...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

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