Vessels

News & Analysis as of

Shelltime 4 – who bears risk of arrest?

In ST Shipping & Transport Pte Ltd -v- Space Shipping Ltd (“CV STEALTH”), the Commercial Court (“the Court”) heard an application arising out of an Arbitrator’s Award in respect of a dispute under a charterparty on an amended...more

How the FDA’s new Sanitary Transport Rule affects food shipping

The FDA is continuing its implementation of the Food Safety and Modernization Act (FSMA) with the “Sanitary Transportation of Human and Animal Food” final rule (Sanitary Transport Rule or Rule) published in the Federal...more

Maritime greenhouse gas emissions – update on the outcome of MEPC 69

In our March alert on this subject, we looked ahead to the 69th meeting in London of the Marine Environmental Protection Committee (MEPC) of the International Maritime Organisation (IMO) (MEPC 69). MEPC 69 has now taken...more

Third Circuit Decisions Affirms Contractual Extension/Modification of Maritime Liens

A decision issued by the U.S. Court of Appeals for the Third Circuit on April 20, 2016, affirms the ability of ocean carriers and their customers to extend and/or modify the possessory lien that carriers have on cargo under...more

Don’t trip up – a warning for owners

The recently decided case of SBT STAR BULK & TANKERS (GERMANY) GMBH & CO KG V COSMOTRADE SA (THE “WEHR TRAVE”) [2016] EWHC 583 (Comm) in the Queen’s Bench Division of the Commercial Court and before The Hon Sir Bernard Eder...more

Which assets can be taken through arrest?

Except in specific circumstances, an arrest may be made of not only the vessel to which the claim relates but any other vessel owned by the defendant at the time the claim occurs. However, if the dispute relates to ownership,...more

Recent amendments to the Lloyd’s Standard Salvage and Arbitration (LSSA) Clauses

The Lloyd’s Standard Salvage and Arbitration (“LSSA”) Clauses have recently been recently amended to account for problems arising from previous salvage arbitrations and to further reduce the costs of arbitration....more

Punitive Damages Only Mostly Dead Under General Maritime Law

Following the Fifth Circuit’s opinion in McBride v. Estis Well Service, 768 F.3d 382, 391 (5th Cir. 2014), we reported that punitive damages had “expired and gone to meet their maker” when it comes to Jones Act seamen. As it...more

When Mitigation Leads To A Profit, Who Should Benefit?

If, following a breach of contract, the innocent party benefits from its mitigation, then, ordinarily, that benefit will reduce the loss that can be claimed for breach. In Fulton Shipping Inc of Panama v Globalia Business...more

Coast Guard Requests Comments on Atlantic Coast Port Access Route Study - Report Includes Guidance on Offshore Wind Farm Siting...

The U.S. Coast Guard issued a notice in the Federal Register on March 14, 2016, announcing the availability of, and seeking comments on, the Atlantic Coast Port Access Route Study (ACPARS) Final Report. The ACPARS was...more

Cyber Risks and Insurance in the Marine Industry

The first wireless radio equipment was used aboard Lightship 70 in 1899. Over the next 115 years, the use of technology in the maritime domain has driven rapid change in the United States Coast Guard’s operating environment —...more

Enhanced North Korea Sanctions Adopted

The United Nations Security Council (“UNSC”) approved a Resolution last week imposing new sanctions against North Korea in response to its recent nuclear and missile tests. This UNSC action follows the enactment of the North...more

Offshore Supply Vessel Market Turnaround May Be In Sight, But You Need a Long Telescope to See It

I attended an excellent conference on March 3, 2016, put on by WorkBoat® exploring the “OSV Capital Outlook for 2016 and Beyond”. The conference featured a diverse and highly experienced panel of speakers including investment...more

Uncertainty Follows Coast Guard Comments on SOLAS Container Weight Regulation

Some confusion and uncertainty has arisen in the international ocean shipping and logistics industry following several public statements and FAQs released by the U.S. Coast Guard in the past few days regarding the impending...more

The Day of North Korea Sanctions: the UN Imposes the Toughest North Korea Sanctions Yet While OFAC and State Designate More North...

After weeks of negotiations and a Putin-backed delay, the UN Security Council unanimously adopted resolution 2270 on March 2, 2016, imposing new sanctions against North Korea. According to U.S. Secretary of State John Kerry,...more

Preemption prevails in watercraft case under Federal Boat Safety Act

For vehicle manufacturers that find themselves in state court facing product liability claims over safety mechanisms, federal preemption is frequently examined as an affirmative defense. Watercraft manufacturers, in...more

Mitigation and the assessment of damages on early redelivery – “The New Flamenco”

Mitigation and the assessment of damages on early redelivery – “The New Flamenco” - Assessing the level of damages recoverable following the early redelivery of a vessel under a time charter can be a complex area of law...more

The challenge of mitigating your losses where there is no available market – ‘The New Flamenco’

Mitigation of damage where there is no available market is a difficult area of law and can be challenging. As the Court of Appeal recognised recently in its judgment in The New Flamenco, “it is notoriously difficult to lay...more

Don’t Let Your Weight Get You Down: How to Be Ready for IMO’s New Ocean Container Weight Rule by July 1st

The International Maritime Organization (“IMO”) adopted new amendments to the Safety of Life at Sea (“SOLAS”) convention that will apply to international shipments and go into effect on July 1, 2016. This amendment will...more

Offshore Supply Vessel Tax Credit Targeted in Louisiana Governor’s Proposed Fiscal Plan

Louisiana Governor John Bel Edwards’ proposal for short term fixes for the State’s fiscal problems includes a shot at already-hurting offshore supply vessel owners/operators. OSV operators/owners currently receive a...more

D.C. Appeals Court: Coast Guard May Impose Non-Financial Conditions for Departure Clearance in “Magic Pipe” Case

In Watervale Marine Co. v. U.S. Dep’t of Homeland Sec., the U.S. Court of Appeals for the District of Columbia Circuit recently affirmed a district court ruling allowing the Secretary of the Department of Homeland Security –...more

Seven Key Clauses in a Vessel Purchase Agreement

Vessel sales are a constant in the marine industry, even during downturns in the market. In fact, some see adverse market conditions as an opportunity to find bargains on vessels and other marine equipment. Once the buyer has...more

“In Navigation” Status for Vessels under Renovation Remains Unclear

A Texas court of appeals recently held that a drill ship undergoing a renovation for nearly two years in dry dock might still be a “vessel in navigation.” Gold v. Helix Energy Solutions Group, Inc., No. 14-15-00123-CV, (Tex....more

SOLAS Convention Container Weight Verification Requirements Arrive Sooner Than You Think

Beginning July 1, 2016, the SOLAS Convention will require the shipper of a packed export container to verify the container’s weight before it is loaded aboard a ship. In November 2014, the International Maritime...more

FSRUs: Looking back at the Evolution of the FSRU Market

The growth of the floating storage and regasification unit (FSRU) market has been exponential over the past decade. The birth of the industry can be traced back to mid-2001, when El Paso contracted with Belgian ship-owner...more

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