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Does a shipowner have to sell its ship in order to mitigate its loss?

The greatly anticipated Supreme Court judgment on the New Flamenco is due to be heard later this year. The decision will address principles of mitigation and the assessment of damages for repudiatory breach of a time...more

OFAC and BIS Changes to Cuba Sanctions Further Ease Trade and Travel Restrictions

On October 14, 2016, the Treasury Department’s Office of Foreign Assets Control (OFAC) and the Commerce Department’s Bureau of Industry and Security (BIS) published another round of amendments to the Cuban Assets Control...more

English Court confirms that package limitation under the Hague Rules excludes a bulk cargo

A recent decision provides authority for the broadly accepted understanding that a “unit”, for the purposes of limitation under Article IV Rule 5 of the Hague Rules, cannot apply to a bulk cargo – it can only mean a physical...more

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

India: A False Dawn for Foreign OSV Owners

India’s ambitious drive to reduce dependence on foreign hydrocarbon imports is expected to spur almost US$30 billion of exploration and production investments including in the offshore sector. An increase in offshore...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

U.S. Customs Aims to Increase Enforcement of the Jones Act

In what could foretell a significant increase in the enforcement of the coastwise trade provisions of the Jones Act, U.S. Customs and Border Protection (Customs) announced on July 18 the creation of the National Jones Act...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

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

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

Third Circuit Decisions Affirms Contractual Extension/Modification of Maritime Liens

A decision issued by the U.S. Court of Appeals for the Third Circuit on April 20, 2016, affirms the ability of ocean carriers and their customers to extend and/or modify the possessory lien that carriers have on cargo under...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

Which assets can be taken through arrest?

Except in specific circumstances, an arrest may be made of not only the vessel to which the claim relates but any other vessel owned by the defendant at the time the claim occurs. However, if the dispute relates to ownership,...more

FCPA Compliance and Ethics Report-Episode 241 on Human Trafficking Compliance [Video]

In this episode I visit with Holland & Knight partner William Shepard on human trafficking compliance. ...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

Don’t Let Your Weight Get You Down: How to Be Ready for IMO’s New Ocean Container Weight Rule by July 1st

The International Maritime Organization (“IMO”) adopted new amendments to the Safety of Life at Sea (“SOLAS”) convention that will apply to international shipments and go into effect on July 1, 2016. This amendment will...more

Islamic Finance News 2016 Annual Guide

A volatile year for Islamic finance – the only way is up? Once again the close of the year has come around more quickly than we ever thought possible, and it is time again for our annual review and outlook of the Islamic...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

Electronic Bills of Lading

With the inclusion of an electronic bills of lading clause in the latest iteration of the NYPE form, as well as the International Group of P&I Clubs’ approval of 3 electronic trading systems, we discuss some of the possible...more

Electronic Bills of Lading: Another step forward!

Electronic trading systems (‘ETS’’) are online platforms by which electronic bills of lading (‘e-bills’) can be created and traded. It is crucial to the use of e-bills within the shipping industry that they behave similarly...more

LNG Bunkering in Asia: Fueling a Promising Future?

I. Introduction - Today, the LNG bunkering market is significantly growing due to stricter environmental regulations across the globe and in spite of the depressed oil price. Particularly in Asia, LNG bunkering has...more

SOLAS Convention Container Weight Verification Requirements Arrive Sooner Than You Think

Beginning July 1, 2016, the SOLAS Convention will require the shipper of a packed export container to verify the container’s weight before it is loaded aboard a ship. In November 2014, the International Maritime...more

FMC Issues Final Rule Regarding Freight Forwarder and NVOCC Requirements

The U.S. Federal Maritime Commission (FMC) issued its Final Rule in FMC Docket 13-05 on Nov. 3, 2015. The Commission's October vote in favor of issuing the Final Rule concluded a multiyear review and rulemaking that largely...more

New Regulations Further Ease Maritime Transport and Travel Restrictions on Cuba

Action Item: The Administration further implemented its new Cuba policy facilitating passenger vessel service to Cuba and opening opportunities in Cuba’s maritime, telecommunications, and construction sectors. Considering the...more

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