Shipping

News & Analysis as of

InterConnect - Summer 2014

In this issue: - Don’t Sail Too Close to the Wind: Enhancing Awareness of Intermodal Shipping Documents - NEMF Class Action Settlement Serves as a Reminder to Carriers to Ensure FCRA Compliance in...more

Malaysian Block Exemption for Liner Shipping Agreements; Read the Fine Print to Ensure Compliance

Cooperative agreements among liner shipping companies have existed in most trades for more than 100 years. Most major trading nations in Asia and the Pacific Rim have recognized the importance of these agreements to both the...more

Shipping 2014: United States

When does title in the ship pass from the shipbuilder to the shipowner? Can the parties agree to change when title will pass? Unless otherwise agreed by the parties, title to the vessel passes when the shipbuilder...more

Extension clauses in FOB contracts

The High Court has recently considered the purpose and effect of the GAFTA FOB contract “Extension of Delivery” clause, which entitles a buyer to claim an extension to the delivery period. This alert considers the conclusions...more

Orrick's Antitrust and Competition Newsletter - August 2014

China’s MOFCOM Blocks ‘P3 Alliance’ Despite EU, U.S. Non-Opposition - On June 17, 2014, China’s Ministry of Commerce, China’s competition regulator, prohibited the proposed “P3 Alliance” that would have combined the...more

Sanctions Update: Ukraine, Crimea and Sevastopol—the Ukrainian Parliament, the EU and the U.S. impose further measures

This Alert follows our previous alerts on the Russia/Ukraine sanctions available on our website. July continued to be a busy time as the Verkhovna Rada (the Ukrainian Parliament), the EU and the United States intensified...more

What Are “Navigable Waters”?

According to this 11th Circuit case, “a waterway is navigable for admiralty jurisdiction purposes if, in its present state, it is capable of supporting commercial activity.”...more

FLSA "Per Diem" Claims On The Rise

A recent U.S. Labor Department press release highlights a growing area of scrutiny under the federal Fair Labor Standards Act: Paying "per diem" amounts to non-exempt employees....more

Red Notice Newsletter - June 2014

Welcome to the June 2014 edition of Red Notice, a publication of Akin Gump Strauss Hauer & Feld LLP. This month, on the anticorruption front, the U.S. Court of Appeals for the 11th Circuit defines key Foreign Corrupt...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

Exports of Condensate Reflect Evolution, Not Revolution, In Crude Export Regulation

On June 24, 2014, various news sources reported that the Department of Commerce (“DOC”) had allowed two companies to export processed condensate, suggesting a breakthrough in the 40-year ban on crude oil exports. The reality...more

Consortia block exemption extended by a further five years

Following a public consultation held earlier this year, the EU Commission has announced the extension of the block exemption providing antitrust immunity to certain cooperative agreements between shipping lines until 2020....more

Chinese antitrust regulator prohibits P3 shipping alliance

China's antitrust regulator Anti-monopoly Bureau at Ministry of Commerce ("MOFCOM") published its decision on 17 June 2014 to prohibit the container shipping companies alliance between Maersk Line, Mediterranean Shipping...more

Potential New Risk of High Duties on Chemicals and Gases Imported in High-Pressure Steel Cylinders Manufactured in China

Many companies that import chemicals or gases from China use high-pressure steel cylinders as containers for the imports of their chemical/gas contents. Up until now, many importers simply assumed that they did not need to...more

When Can Twelve Turn into Twenty-Four? Calculation of FMLA Leave for Vessel-Based Employees

The Family and Medical Leave Act (“FMLA”) ensures an employee the ability to take leave and return to work within twelve “workweeks” of a qualifying event. Employers that do not honor the protections of the FMLA risk a...more

FDA Proposes Regulations on Safe Food Transport

In early February, the U.S. Food and Drug Administration (FDA) issued its seventh and final major rule as part of the implementation of the Food Safety Modernization Act. The proposed rule seeks to prevent the contamination...more

A New Era For Vessel Sharing Agreements – FMC Allows P3 and G6 Alliances To Go into Effect

On March 20, 2014, the Federal Maritime Commission (FMC) announced that by a vote of 4-1, it had decided to let the P3 Network Vessel Sharing Agreement, among CMA CGM S.A., A.P. Moller-Maersk A/S trading under the name of...more

Chemical Purchasers May Be Operators and Liable for Releases That Occur During Shipment

Any company that purchases chemical products should be aware that it could potentially be liable for releases that occur during the shipment of the purchased products. In a recent New York District Count case, Kemira Water...more

Shippers and Railroads Express Differing Views Over Tank Car Requirements for Crude Oil by Rail at NTSB Forum

Crude oil moving on the railroads has been traditionally shipped in the tank car known as the DOT 111. However, as early as 1991, the National Transportation Safety Board (NTSB) expressed concern over the risks associated...more

Your Shipping Containers Could Get A Lot More Expensive

For your information, on April 23, 2014, a petition was filed asking the U.S. government to investigate whether Chinese imports of 53-foot domestic dry containers are being unfairly dumped and subsidized. The U.S....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

Oil and Water – How the Galveston Oil Spill Proved The Two Don’t Mix

The Galveston Bay oil spill occurred, coincidentally, on the 25th anniversary of Exxon Valdez oil spill in Prince William Sound, Alaska. The Exxon Valdez oil spill is now considered to be one of the worst environmental...more

Infrastructure Alert - March 2014

On March 20, a proposed shipping alliance of three major shippers was approved by the Federal Maritime Commission. The P3 Network Vessel Sharing Agreement, consisting of Maersk Line, Mediterranean Shipping Company and CMA...more

FERC Reaffirms Reliance on “Committed Shipper” Rate Agreements for Oil Pipelines

The Commission emphasizes that a committed shipper negotiated rate’s deviation from cost-of-service does not overturn the presumption that the rate is just and reasonable....more

Common time limits for trade and shipping claims – a print-out guide

Introduction - A “limitation period” is the period of time within which court or arbitration proceedings must be commenced. Every legal claim will be subject to a limitation period, imposed either by the governing law...more

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