Vessels

News & Analysis as of

Losing the right to limit: Privy Council confirms parties can contract out of the 1976 Limitation Convention

This Alert looks at the question of whether it is possible to contract out of or waive the right to limit liability under the 1976 Convention on Limitation of Liability for Maritime Claims and if so, what is required in order...more

Changes in Cuba May Impact the Insurance Industry

While much remains to be determined, the recent easing of U.S. restrictions on travel to and trade with Cuba may bring opportunities for U.S. and global insurance companies. However, many questions and obstacles remain. This...more

FMC Proposes New Rules for Ocean Common Carriers and Marine Terminal Operators

The U.S. Federal Maritime Commission (FMC) issued its Notice of Proposed Rulemaking (NPR) in FMC Docket 16-04 on Aug. 15, 2016. The FMC's July 2016 vote in favor of issuing the NPR advances a multiyear regulatory review....more

OW Bunker in Singapore – where are we?

Although the Singapore courts have not, to date, been required to consider the legal issues which have recently come before the English courts in the Res Cogitans, the cases which have come before the Singapore courts...more

India: A False Dawn for Foreign OSV Owners

India’s ambitious drive to reduce dependence on foreign hydrocarbon imports is expected to spur almost US$30 billion of exploration and production investments including in the offshore sector. An increase in offshore...more

Collateral lies: The lie is dishonest but the claim is not

The Supreme Court rules that a collateral lie embellishing a valid claim does not amount to a fraudulent claim. Versloot Dredging BV and another (Appellants) v HDI Gerling Industrie Versicherung AG and others [2016] UKSC...more

Is it a new day for Jones Act enforcement? Maybe. A practical look at coastwise concerns

The Jones Act (46 U.S.C. § 55102) provides that the transportation of merchandise between coastwise US points is prohibited unless performed by vessels that are US-built, owned, and documented. US Customs and Border...more

Court of Appeal rules on indefinite demurrage claims

MSC Mediterranean Shipping Company S.A. v. Cottonex Anstalt - [2015] EWHC 283 (Comm) - A Court of Appeal decision handed down on 27 July 2016 of this week ruled that demurrage on detained containers, which could not...more

U.S. Coast Guard Updates Marine Casualty Reporting Forms

Action Item: The U.S. Coast Guard released an updated version of the CG-2692 forms for reports of marine casualties, commercial diving casualties, and outer continental shelf-related casualties. Vessel owners and operators...more

U.S. Customs Aims to Increase Enforcement of the Jones Act

In what could foretell a significant increase in the enforcement of the coastwise trade provisions of the Jones Act, U.S. Customs and Border Protection (Customs) announced on July 18 the creation of the National Jones Act...more

Collateral 101: Perfecting Security Interests in Common and Uncommon Collateral

As most people (at least in the banking world) know, a security interest is the granting of an interest in property to secure obligations, usually loan debt. If the borrower defaults under its obligations, the bank can...more

Water as a Highway: Back to the Future

Florida's economic prosperity is integrally and intimately tied to water and water resources. Nearly two-thirds of our population is clustered in major urban areas situated on the Atlantic Ocean or Gulf of Mexico. Most of...more

Panama Canal Update: New Locks, Bigger Ships

The hubbub surrounding the United Kingdom’s decision to leave the European Union overshadowed the opening of two new locks on the Panama Canal on June 26th. The expansion of the canal has the potential to disrupt intermodal...more

“A Weight on Your Shoulders” – New Weighing Obligations Upon Shippers and Carriers From 1 July 2016

On 1 July 2016 the International Maritime Organisation’s amendments to the Safety of Life at Sea (“SOLAS”) Convention Chapter VI enter into force. From this date, all packed containers must be accompanied by Verified Gross...more

International Maritime Bureau warns of cyber attacks

Following the issuance of Plymouth University Maritime Cyber Threats Research Group study on the risk of cyber threats, the International Maritime Bureau (IMB) recently issued a warning to shipping and maritime companies to...more

Coast Guard Issues Inspection of Towing Vessels Final Rule

The U.S. Coast Guard Inspection of Towing Vessels Final Rule under 46 CFR Subchapter M takes effect on July 20, 2016. The Rule, published this week, has its roots in the Coast Guard and Maritime Transportation Act of 2004,...more

Focus on Oman: Diplomacy and Dividends

The crucial role of Oman, a sultanate located at the southeastern tip of the Arabian Peninsula, is becoming apparent as the dust settles on the recent Iranian nuclear deal. Oman is adept at balancing relationships in a...more

The Second Circuit Requires Insureds To Be Truthful With Its Insurers

In a twist on the old adage, “bad facts make bad law”, the Second Circuit’s recent decision in Fireman’s Fund Insurance Company v. Great American Insurance Company of New York, Civil Action No. 14-1346-cv, 2016 WL 2943139 (2d...more

Final Rule On Inspection Of Towing Vessels Published After 12 Years In The Making

Action Item: The recently published Subchapter M Final Rule establishes a comprehensive safety system and inspection program for towing vessels. Stakeholders involved in the operation or ownership of towing vessels should...more

Court Confirms Arbitration Award In Chemical Transport Dispute Finding No Manifest Disregard Of The Law

ICC Chemical Corporation sued Nordic Tankers Trading A/S concerning a cancelled charter agreement. Per the agreement, Nordic was scheduled to have its vessel present at the port ready to be loaded with ICC’s chemical cargo....more

Mainbrace: June 2016 (No. 3)

As the July 1, 2016, effective date for the SOLAS Regulation VI/2 amendments quickly approaches, unanswered questions and difficulties complying with varied international and domestic implementations loom large. In an effort...more

What You Need to Know About U.S. Law: The Polar Code - Regulating Shipping in the Arctic

Diminishing sea ice in the Arctic Ocean and surrounding seas is allowing navigation in previously impassable waters. Intercontinental voyages through the Arctic during the summer months, either via the Northwest Passage north...more

New Container Weight Requirements Effective July 1, 2016

This summer, new container weight requirements go into effect for containers shipped overseas. The International Maritime Organization has amended the Safety of Life at Sea Convention (“SOLAS”) to require that shippers must...more

SOLAS Verified Gross Mass (“VGM”) Countdown: Will You Be Ready on July 1, 2016?

Action Item: With less than 30 days remaining before the July 1, 2016, effective date of the new International Convention for the Safety of Life at Sea (“SOLAS”) Regulation VI/2 amendments, the International Maritime...more

Maritime cyber threats are real and need to be addressed

A study published by Plymouth University’s Maritime Cyber Threats Research Group indicates that maritime vessels are at risk for cyber-attacks as many have outdated software and are not designed with cybersecurity in mind....more

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