Maritime Updates

Read need-to-know updates, commentary, and analysis on Maritime issues written by leading professionals.
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Coast Guard Issues Inspection of Towing Vessels Final Rule

The U.S. Coast Guard Inspection of Towing Vessels Final Rule under 46 CFR Subchapter M takes effect on July 20, 2016. The Rule, published this week, has its roots in the Coast Guard and Maritime Transportation Act of 2004,...more

Focus on Oman: Diplomacy and Dividends

The crucial role of Oman, a sultanate located at the southeastern tip of the Arabian Peninsula, is becoming apparent as the dust settles on the recent Iranian nuclear deal. Oman is adept at balancing relationships in a...more

The Second Circuit Requires Insureds To Be Truthful With Its Insurers

In a twist on the old adage, “bad facts make bad law”, the Second Circuit’s recent decision in Fireman’s Fund Insurance Company v. Great American Insurance Company of New York, Civil Action No. 14-1346-cv, 2016 WL 2943139 (2d...more

Final Rule On Inspection Of Towing Vessels Published After 12 Years In The Making

Action Item: The recently published Subchapter M Final Rule establishes a comprehensive safety system and inspection program for towing vessels. Stakeholders involved in the operation or ownership of towing vessels should...more

Court Confirms Arbitration Award In Chemical Transport Dispute Finding No Manifest Disregard Of The Law

ICC Chemical Corporation sued Nordic Tankers Trading A/S concerning a cancelled charter agreement. Per the agreement, Nordic was scheduled to have its vessel present at the port ready to be loaded with ICC’s chemical cargo....more

Mainbrace: June 2016 (No. 3)

As the July 1, 2016, effective date for the SOLAS Regulation VI/2 amendments quickly approaches, unanswered questions and difficulties complying with varied international and domestic implementations loom large. In an effort...more

What You Need to Know About U.S. Law: The Polar Code - Regulating Shipping in the Arctic

Diminishing sea ice in the Arctic Ocean and surrounding seas is allowing navigation in previously impassable waters. Intercontinental voyages through the Arctic during the summer months, either via the Northwest Passage north...more

FCPA Compliance and Ethics Report-Episode 259-Dani Perez on business in Cuba [Video]

In this episode, I visit with Dani Perez on his experiences on doing business in Cuba. ...more

New Container Weight Requirements Effective July 1, 2016

This summer, new container weight requirements go into effect for containers shipped overseas. The International Maritime Organization has amended the Safety of Life at Sea Convention (“SOLAS”) to require that shippers must...more

OSHA Finalizes Crystalline Silica Rule, Effective June 2016

After years in the making and thousands of comments to the proposed rule from 2013, OSHA has finalized the Crystalline Silica Rule for General Industry and Maritime. The final rule was published in the Federal Register on...more

Locked and Loaded: Panama Canal Expansion Ready to Open

At long last, the $5.3 billion expansion of the Panama Canal is set to open later this month. This week, tugboats commenced test runs loading a bulk cargo vessel into the first of three locks on the Atlantic side of the...more

SOLAS Verified Gross Mass (“VGM”) Countdown: Will You Be Ready on July 1, 2016?

Action Item: With less than 30 days remaining before the July 1, 2016, effective date of the new International Convention for the Safety of Life at Sea (“SOLAS”) Regulation VI/2 amendments, the International Maritime...more

Maritime cyber threats are real and need to be addressed

A study published by Plymouth University’s Maritime Cyber Threats Research Group indicates that maritime vessels are at risk for cyber-attacks as many have outdated software and are not designed with cybersecurity in mind....more

Oil and Gas Unitization: Specific Considerations for Cross-Border Unitization

Setting the Scene - There are more than twenty bilateral unitization Treaties and Joint Development Agreements (JDAs) in place today between governments that share an international (usually maritime) boundary. These...more

Commodities contracts and the impact of the OW Bunkers case

As we reported in an earlier Client Alert, the UK Supreme Court recently handed down its highly anticipated judgment in the Res Cogitans case. The Supreme Court was unanimous in finding that a contract to supply bunkers to...more

SOLAS: Saves Lives? Causes Ulcers?

On July 1, 2016, the Safety of Life at Sea (“SOLAS”) requirement for shippers to provide steamship lines with the verified gross mass (“VGM”) of each shipment takes effect internationally. While under development at the...more

B.C. Court Confirms Powerful Maritime Arrest is Widely Available in Disputes Involving Maritime Assets

In Avina v. Sea Senor (Ship), the British Columbia Supreme Court (Court) upheld the arrest of the ship, Sea Senor (Vessel), in a dispute between the two shareholders of the company that owns the Vessel. The defendant applied...more

Congress Working Aggressively to Pass a Bipartisan WRDA in 2016

Both chambers in Congress are working aggressively to pass bipartisan Water Resources Development Act of 2016 (“WRDA 2016”) legislation this year. Now is the time for entities interested in U.S. Army Corps of Engineers...more

The U.S. Election: Evaluating the Ramifications for Maritime

A proverb common to both Greek and Turkish cultures states that a wolf may change its fur, but does not change its nature (? ????? t?? t???a a????e?, t? ???? de? t`a????e? /Kurt tüyünü degistirir, huyunu degistirmez). In...more

New sanctions impose further restrictions on North Korea

The United Nations, the European Union and United States recently expanded sanctions on North Korea, issuing new restrictions which impact the mineral, energy, shipping, banking, finance, and aviation industries. United...more

New UK Insurance Act Coming into Force in August 2016 - Some Practical Tips for Policyholders in Anticipation of the Changes

As reported in our earlier alert the new Insurance Act (which will govern insurance policies placed, amended or renewed from 12 August 2016) is designed to provide a more up to date framework for commercial insurance in...more

The Global Santosh: The Supreme Court provides guidance on a charterer’s responsibility for its agents

NYK Bulkship (Atlantic) NV (Respondent) v Cargill International SA (Appellant) (“The Global Santosh”) [2016] UKSC 20 (overturning the Court of Appeal [2014] EWCA Civ 403) - The Supreme Court last week handed down an...more

Res Cogitans - A Class of Its Own

Bunker Supply Contracts, Retention of Title Clauses, The Sale Of Goods Act 1979 and One Highly Publicised Insolvency Combine to Give Vessel Owners a Global Headache - The Supreme Court’s ruling in this already...more

Maritime and space industries testing unmanned aircraft technology for surveillance

In response to the migrant crisis in Europe, the European Space Agency and the European Maritime Safety Agency have selected the unmanned aircraft system TEKEVOR for testing the benefits of deploying unmanned aircraft for...more

SCMA Rules 3rd Edition - A commentary on the recent amendments

Late last year the Singapore Chamber of Maritime Arbitration (“SCMA”) published the third edition of its arbitration rules (“Rules”). The latest changes continue to build upon the earlier amendments made in May 2009. The...more

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