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Commercial Impracticability and Frustration of Shipping Agreements in Uncertain Times

The U.S. Trade Representative (USTR) announced a notice of action on fees for operators of Chinese-built ships and vessel owners and operators of China after it issued a proposed notice with fees and restrictions on maritime...more

Growth Likely on the Horizon for America's Shipyards in 2nd Trump Administration

As the United States nears its 250-year celebration, what is old may be new again in the shipyard space. The uptick in shipyard-related legal and regulatory work during the Biden Administration has been notable and is...more

Federal Maritime Commission Announces Demurrage and Detention Final Rule

Following its Feb. 23, 2024, release of a pre-publication draft, the Federal Maritime Commission (FMC)'s Final Rule on Demurrage and Detention Billing Requirements (Final Rule) was published on Feb. 26, 2024, in the Federal...more

Beyond the Ocean Shipping Reform Act: Recent FMC Decisions and Settlement Implications

Since its passage on June 16, 2022, the shipping industry is understandably focused on the implications of the Ocean Shipping Reform Act of 2022 (OSRA) (Pub. Law No. 117-146, 2022 Enacted S. 3580), and the rulemakings that...more

FMC Releases Final Fact Finding Recommendations, Stresses Mutually Enforceable Contracts

Commissioner Rebecca F. Dye of the Federal Maritime Commission (FMC or the Commission) has released her Final Report for Fact Finding 29 titled "The Effects of COVID-19 on the U.S. International Ocean Transportation Supply...more

Executive Order Targeting Russian Energy Sector Has Immediate Effect on Shipping Industry

In the past week, the White House has launched additional salvos of sanctions against the Russian Federation in response to its continued efforts to undermine the sovereignty and territorial integrity of Ukraine. This Holland...more

FMC Announces Actions to Address Demurrage and Detention Charges

The Federal Maritime Commission (FMC) announced on Sept. 15, 2021, that it would move forward with two demurrage-and-detention related initiatives proposed by Commissioner Rebecca F. Dye as part of Fact Finding 29. The...more

Jones Act Waivers Following Natural Disasters

While the United States continues to assess the full scope of the devastating aftermath of Hurricane Ida on the U.S. Gulf Coast, national media have already reported shortages of oil and fuel supplies, as well as food and...more

New Presidential Executive Order Targets Maritime Industry and Ocean Carriers

Cargo congestion has reached historic proportions during the COVID-19 pandemic as the demand for imports by U.S. consumers and businesses has skyrocketed combined with an increase in operational disruptions. The effect has...more

The Age-Old Question Revisited: When Is a Container Considered a Package Under COGSA?

Just when we thought the question of “What Is a Package?” had been addressed ad nauseum, the United States District Court for the Southern District of New York took another look at the issue....more

Shippers, Freight Forwarders, NVOCCs and Carriers' Maritime Incident Warning Signs - Lessons Learned and Action Items for In-House...

Despite the alleged softening of the maritime industry since 2008-09, the volume of waterborne trade continues to rise. The ebbs and flows of the industry mean changing partnerships and alliances, more complicated logistics...more

International Maritime Treaties Recognition and Trump: Protectionist or Progressive?

Much has been theorized in the past two months concerning whether the Trump Administration will follow through on President-Elect Donald Trump's campaign pledge to "rip up" international trade deals such as the North American...more

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