Shipping

News & Analysis as of

Washington Court of Appeals: No Transactional Nexus Requirement or Dissociation for Washington B&O Tax

On April 29, 2015, the Washington Court of Appeals issued an important tax decision in Avnet, Inc. v. Washington Department of Revenue, Dkt. No. 45108-5-II. In its most significant holding, the court of appeals effectively...more

Bank ordered to honour refund guarantees despite foreign court orders prohibiting payment

The Claimant Buyers brought proceedings against the Defendant Bank under refund guarantees issued by the Bank in support of two shipbuilding contracts between the Buyers and Sellers. Pursuant to the contracts, the Claimant...more

Are you driving a defective forklift at work?

Freight shipping employees in Illinois operate tens of thousands of forklifts every day. According to a recent report released by the U.S. Occupational Safety and Health Administration, a well-known shipping company exposed...more

“We’re From The Government and We’re Here to Help”: When The Act of a Government Constitutes a Valid Defense to a Freight Claim

Will Rogers once quipped that “I don’t make jokes; I just watch the Government and report the facts.” While most Americans can probably identify with that observation to one extent or another, the government unquestionably...more

Hong Kong court - enforcing a maritime arbitration award by arresting a ship

The arrest of a ship to obtain security for a maritime claim in jurisdictions where this is permitted is a powerful weapon in the armory of a claimant in shipping disputes. There has, however, been a concern that a claimant...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

Shipping Executive Pleads Guilty to Ocean-Shipping Price Fixing Conspiracy

On Tuesday, March 10, 2015, an employee of the Japan-based Nippon Yusen Kabushiki Kaisha (NYK) pleaded guilty to a violation of the Sherman Act for conspiring to fix prices and rig bids for international ocean shipping from...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

West Coast Ports Labor Turmoil - Time to Dust Off That Overlooked Force Majeure Clause?

The simmering labor dispute between the International Longshoreman and Warehouse Union and the Pacific Maritime Association, which represents West Coast port owners, has begun to capture the attention of businesses that have...more

What if the West Coast Ports Shut Down by Lockout or Strike? Is it Time to Invoke Taft-Hartley?

Since the expiration of a labor contract in July 2014, negotiations for a new contract have dragged on between management representatives of the Pacific Maritime Association (PMA)—a multi-employer bargaining association...more

EPA Seeks Additional Comment on NPDES Electronic Reporting Rule, and Other Recent CWA Developments

EPA Seeks Additional Comment On NPDES Electronic Reporting Rule: On December 1, 2014, the U.S. Environmental Protection Agency (EPA) requested additional comment on the proposed National Pollutant Discharge Elimination System...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

Online Merchants Beware: There’s a New FTC Rule on Internet Purchases

The Federal Trade Commission (FTC) released a new rule, 16 C.F.R. § 435, covering Internet purchases. It became effective December 8—just in time for holiday shopping. The new rule expanded the FTC’s previously issued rule...more

LNG as a Fuel

The use of Liquefied Natural Gas (LNG) as a transportation fuel for ships, barges, and ferries has surged in recent months. This surge is due, in large part, to the boon in the production of natural gas in the U.S.; new low...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

Consumers Looking For Deliveries at the Speed of Light

With the holidays fast approaching, and sales during November and December accounting for an estimated 30% of retailers’ annual revenue, retailers are pulling out all the stops in the ongoing fight for customer dollars, with...more

Pennsylvania Tax Developments - A Reed Smith Quarterly Update: November 2014

This is a brief update on recent Pennsylvania tax developments. Does New Governor Mean More Tax Reform? In the recent gubernatorial election, challenger Tom Wolf (D) defeated incumbent Governor Tom Corbett (R)....more

The (Damaged) Freight Stops Here. (But Now What Do We Do With It?) The Pitfalls Of Salvage And Damage Mitigation

Unfortunately, amongst the millions of freight shipments of all modes that occur on a daily basis, some freight does get damaged. These damages spawn freight claims, and some of them generate litigation. A defense often...more

Court Confirms Award Over Arguments Of “Manifest Disregard,” “Evident Partiality,” And “Corruption”

A transported liquid chemical had been found degraded after shipping from Texas to South Korea. The chemical company contended that the shipper was responsible for the losses as samples taken from the chemical prior to its...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

Japanese Shipping Company Rolls Over, Pleads Guilty to Price Fixing

On September 26, 2014 Japanese transportation company Kawasaki Kisen Kaisha Ltd. (K-Line) agreed to plead guilty to price fixing, bid rigging and allocating customers for international ocean shipping services for “roll-on,...more

Dealing With Shipping Companies: A Consistent Challenge for Manufacturers/Distributors

One of the most important things for a manufacturer/distributor is ensuring that its products are shipped in a reliable fashion so they arrive on time and in good condition. Similarly, manufacturers rely heavily on shipping...more

Shipping hazmats by air? Follow the rules or pay the price: FAA imposes substantial penalties for hazardous materials violations

The Federal Aviation Administration (FAA) is increasingly cracking down on senders of hazardous materials by air, and your company could be its next target. Shippers and carriers of hazardous materials sent via...more

Taxing Times for International Shippers Operating in the PRC

1 August 2014 marked the implementation date for the PRC’s new “Provisional Measures on the Collection of Tax on Non-Resident Taxpayers Engaged in International Transportation Business” 2014 No. 37 Notice. This Notice likely...more

Last Call for Liner Exemptions in Australia?

The Competition Policy Review Panel (the Panel) has recommended the repeal of the current statutory exemptions for the liner shipping industry, potentially exposing conference agreements to the full rigour of Australia's...more

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