Maritime Transport

News & Analysis as of

Legislation Alters Shipping Act Treatment of Attorneys’ Fees

Late yesterday, both the U.S. House of Representatives and the U.S. Senate passed S. 2444, the Howard Coble Coast Guard and Maritime Transportation Act of 2014....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

Ebola Outbreak's Impact on International Maritime Operations [Video]

In this special presentation on Maritime TV , maritime industry expert Dr. John A.C. Cartner discusses the impact that the current Ebola outbreak is having and will continue to have on the international maritime operations....more

How Convenient: Vessel Registration and Mortgages in the Republics of the Marshall Islands and Liberia

Two registries of significant interest to shipowners are the registries of the Republics of the Marshall Islands and Liberia. Significantly, insofar as it does not conflict with the statutory laws, each country has adopted...more

“Law of the Flag” Held Not to Apply to Action on Unenforceable Gambling Debt in Florida Bankruptcy Court

In this bankruptcy contract case, the debtor, a cruise vessel operating as a gambling casino, fronted $200,000 to a blackjack gambler who submitted checks for the cash but then stopped payment on the checks. The debtor sued...more

The Carriage of Goods at Sea Act Requires that Suit Be Brought Within One Year of “Delivery”

In this case, the plaintiff entered into a contract of carriage wherein the defendant agreed to ship pears to a consignee in Brazil. A later inspection discovered that the pears froze during the voyage, causing the fruits to...more

South Carolina Legislative Update

House votes to OK solar; energy supporters call vote historic, S. 1189 - South Carolina took what is considered a historic step this week to change the state’s longtime resistance to solar power. The state House of...more

Congressional Questions on LNG Exports Could Impact the Jones Act

Last month, Congress began consideration of comprehensive legislation to reauthorize the Coast Guard and other maritime transportation programs. Consideration of such legislation is an annual occurrence and generally moves...more

Negligence Sinks the Bounty

In its many forms, human negligence takes lives and destroys property. A recently released maritime accident report by the National Transportation Safety Board (NTSB) highlights how recklessness wreaks havoc. ...more

That’s Not My Kid! Board Clarifies Definition Of “Child” Under The Longshore Act

On February 25, 2014, the Benefits Review Board rendered its decision in Smith v. Mt. Mitchell, LLC, ____BRBS____ (D.O.L. Ben. Rev. Bd. Feb. 25, 2014), which affirmed an Administrative Law Judge’s decision and order,...more

Federal Appellate Court Stays Initial Date for Meeting New Ballast Water Discharge Limits – But Only for Canadian Shipowners...

On April 9, 2014, the United States Court of Appeals for the Second Circuit granted a stay of the January 1, 2014 deadline for installation of ballast water treatment technology required by the U.S. Environmental Protection...more

Infrastructure Alert - February 11, 2014

The Panama Canal Authority and the GPUC, the construction consortium working on its expansion, have been deadlocked over whether the Canal will pay for $1.6 billion in cost overruns. Construction halted on February 5 due to...more

Remember the (M/V) Alamo!: Mexican Reform Invites Maritime Reinforcements

In a moment as pivotal as the Battle of San Jacinto, groundbreaking reform in Mexico may bring a Lone Star-sized opportunity to the American maritime industry. On December 20, 2013, Mexican President Enrique Pena Nieto signed...more

Perils of the seas needn’t be too perilous

When the cargo vessel “Irene EM” grounded on 30 October 2009 in the Gulf of Khambhat, underwriters declined cover as the loss was not caused by a peril of the sea. The term “perils of the seas” refers only to...more

Developments in EU Transport Law - December 2013

Air - European Commission updates the European safety list of banned airlines - The European Commission has updated for the 22nd time the European list of air lines subject to an operating ban or operational restrictions...more

Ten Points to Rationalize and Restart the United States Maritime Industry [Video]

The Department of Transportation Executive Summary Draft Fiscal Year 2014-2018 Strategic Plan was just issued for comments with very little mention of maritime. Dr. Cartner issued a white paper that outlines a 10 Point Plan...more

Maritime Transport Subject to EU General Competition Law Guidelines From 26 September 2013

Up until 18 September 2006, maritime transport services were exempt from the EU competition rules in respect of liner conferences. In addition, cabotage and international tramp vessel services were exempt from the...more

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