Maritime Transport

News & Analysis as of

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

Tax Planning for International Transportation Income

According to the most recent estimates, the quantity of goods carried by containers has risen from around 100 million metric tons in 1980 to about 1.5 billion metric tons in 2012. Out of these numbers, one container in every...more

California Environmental Law & Policy Update - April 2015 #4

Environmental and Policy Focus - California court rules tiered water pricing plan violates Prop 218: Allen Matkins - Apr 21: California's local water suppliers, hit with reduction requirements varying from 8 percent to...more

International Arbitration Newsletter - Q1 2015

Use it or lose it: French courts reject procedural objections not raised at the earliest opportunity - The Paris Court of Appeal has issued a stark warning to litigants who fail to raise procedural objections at the...more

Is payment of time charter hire a condition? “The Astra” re-considered

In Kuwait Rocks Co v AMB Bulkcarriers Inc (The Astra) (as reported in a previous post), the court determined that the obligation to make punctual payment of hire under the amended NYPE time charter in that case was a...more

Admiralty Law Institute Kicks Off in New Orleans

The Admiralty Law Institute runs from March 11-13 in New Orleans. March 11, 2015, marked the first day of the 25th Biennial Admiralty Law Institute. Held at Tulane University in New Orleans, the ALI is the oldest and largest...more

What is your broker up to? Broker found to have authority to enter into a fixture and guarantee

Mitsui OSK Lines Ltd v Salgaocar Mining Industries Private Ltd (2015) (Unreported) - After extensive negotiations, London brokers fixed a 10-year charterparty on behalf of their principals, the Charterers. The Charterers...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

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

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

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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