Vessels

News & Analysis as of

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 reconsidered.

In Kuwait Rocks Co v AMB Bulkcarriers Inc (The Astra), Flaux J determined that the obligation to make punctual payment of hire under an amended NYPE time charter, whether on its own or in conjunction with an anti-technicality...more

Fifth Circuit Rules Only a Seaman Can Commit Seaman’s Manslaughter

A recent decision of the U.S. Court of Appeals for the Fifth Circuit Court serves as a good reminder that criminal statutes say only what they say, and that it is up to the legislature to revise statutes to expand their scope...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

Shipwrecks and the Nairobi Convention

What is the Convention all about? The Nairobi International Convention on the Removal of Wrecks 2007 comes into force on 14 April 2015. When the Convention applies, it will impose strict liability and insurance...more

United States Coast Guard Guidance May Encourage Use of Liquefied Natural Gas as a Marine Fuel

On February 25, 2015, the United States Coast Guard (USCG) published two final policy letters on the use of liquefied natural gas (LNG) as a marine fuel. Released in draft form in February 2014, the policy letters address...more

Mind The P’s and Q’s (And Bast?) Of DP – USCG And BSEE Issue Joint Safety Alert Regarding Dynamically Positioned Offshore Supply...

Continuing their post-Macondo/Deepwater Horizon symbiotic approach to regulating the offshore oil industry, the United States Coast Guard (USCG) and Bureau of Safety and Environmental Enforcement (BSEE) issued a joint Safety...more

Court Confirms that Mere Variations on Widely Used Manufacturing Processes Are Not Protectable Trade Secrets

In Quantum Sail Design Group LLC v. Jannie Reuvers Sails Ltd., the Honorable Gordon J. Quist was faced with deciding whether the process used by Quantum to design and manufacture high-performance sails used on top-of-the-line...more

Loss of cargo due to piracy held not to be an “in-transit loss”

Trafigura Beheer BV v Navigazione Montanari SpA [2015] EWCA Civ 91 - The subject vessel was chartered to carry a cargo of oil from Abidjan, Ivory Coast to Lagos, Nigeria. Clause 46 of the charter (on an amended BPVOY3...more

Coast Guard seeks comments on multiyear renewal option for vessel documentation fees

In the March 3, 2015 Federal Register, the Coast Guard published a request for comments related to the Vessel Documentation Renewal Fees established in August 2014. The Coast Guard is considering options for implementing...more

Eleventh Circuit Refuses to Apply International Safety Management Code as Basis for Vessel Negligence

In John Horton v. Maersk Line, Limited, Case No. 14-14450 (11 Cir., 02/27/2015) the 11th Circuit issued an unpublished decision finding that the International Safety Management Code (the “Code”) did not create vessel duties...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

High Court rules on inconsistency in charterparty arbitration clauses and applicable curial law

Reed Smith (Lianjun Li and Min Li of the Hong Kong office, Nick Shaw and Halani Lloyd of the London office) recently represented the successful Charterers in Shagang South-Asia (Hong Kong) Trading Co. Ltd v Daewoo Logistics...more

Owners’ demurrage claim succeeds where Charterers fail to bring themselves within a force majeure clause

A vessel was chartered for one voyage from “1-2 load berth chop always afloat Santander” to a port in the UK. Charterers ordered the vessel to load bulk bauxite at a berth adjacent to one where cars were waiting to be loaded....more

“OCEAN VICTORY” – Court of Appeal Decision

In Gard Marine & Energy Ltd v China National Chartering Co Ltd (Rev 1) [2015] EWCA Civ 16, the Appellant sub-charterers appealed the 2013 judgment of Teare J....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

“Brillante Virtuoso” held to have been a Constructive Total Loss

The High Court recently held that the “Brillante Virtuoso” (the “Vessel”) was a constructive total loss (“CTL”) following an attack by pirates in July 2011. Mr Justice Flaux made important key findings in the CTL claim, which...more

Seafarers’ Access to Marine Facilities

Action Item: Owners, operators, and other interested parties related to the operation of marine terminals should review and comment on a Coast Guard Notice of Proposed Rulemaking (“NPRM”) addressing new requirements to...more

MoFo New York Tax Insights - Volume 6, Issue 1 - January 2015

In This Issue: - The Top 10 New York Tax Highlights of 2014 - Tribunal Affirms That a Charter Yacht Is Not Exempt from Use Tax as a Commercial Vessel - Court of Appeals Holds City Transfer Tax Does Not...more

Old Dog New Tricks

The maritime community is sitting on the precipice of disaster. While regarded as one of the oldest and most well respected industries on the planet, the maritime community as a whole has failed to protect itself against the...more

International Organisations: Immunity From Suit And Legal Process

An international organisation is not a State, and is only afforded immunity to the extent granted by statute. It is relatively uncommon for international organisations to come before the English courts, though economically...more

When In Doubt, File the Limitation Complaint (Part III): The Test Is Reasonable Possibility

On December 3, 2014, the Fifth Circuit, in In re: RLB Contracting, Inc., No. 14–40326 (5th Cir. Dec. 3, 2014), concluded that an ongoing exchange of correspondence between counsel for a dredge involved in a maritime casualty...more

New Jones Act Enforcement Initiative

Action Item: U.S. Customs and Border Protection (“CBP”) issued a Notice to the Area Port of New Orleans Trade Community on November 12, 2014, announcing electronic online reporting of possible Jones Act violations. Owners and...more

Fifth Circuit: No Overtime Pay for Crewmember Tankermen

On November 13, 2014, the U.S. Fifth Circuit Court of Appeals held in Coffin v. Blessey Marine Services, Incorporated, Case No. 13-20144, that individuals who loaded and unloaded tank barges as part of their duties as crew of...more

Fifth Circuit Refuses Application of Bright-Line Test in FLSA Seaman Exemption Dispute

On November 13, 2014, the Fifth Circuit handed down its opinion in Coffin v. Blessey Marine Services, Inc., No. 13-20144, 2014 WL 5904734 (5th Cir. Nov. 13, 2014). The opinion addressed several key factors related to the...more

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