Shipping Newsletter - December 2010, Issue 27



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 Convention: A Review

5. Container Freight Derivatives: The Way Forward for the Container Industry?

6. Case Notes

7. Welcome to…

8. Q&As with David Myers

Excerpt from: Can a Vessel be arrested for a Forward Freight Agreement claim in China?

In July this year the People’s Republic of China Shanghai Maritime Court considered whether a claim arising under a forward freight agreement (“FFA”) is a maritime claim for the purposes of the Maritime Procedure Law of the People’s Republic of China (“PRC”).

The Court considered the position following the arrest of a vessel to secure claims that had arisen under several FFAs. Under Article 22 of the Maritime Procedure Law of the PRC, an application for arrest can only be made for maritime claims listed in Article 21 of that law. In support of the arrest it was submitted that a FFA claim fell within the following Articles...

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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