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Safe Berth: Meaning of “Always Accessible”

In the Aconcagua Bay [2018] EWHC 654, the Commercial Court Judge differentiated “always accessible” from “reachable on arrival”, holding that the term berth “always accessible” refers not only to entry, but also to the...more

3/29/2018  /  Charter , Damages , UK , Vessels

“Demurrage Claims” for the Purposes of Documentary Time Bars

On 2 February 2018 the Commercial Court allowed an appeal from a decision of the Arbitration Tribunal in Lukoil Asia Pacific Pte Ltd v Ocean Tankers Pte Ltd. The Judgment serves as a reminder to Owners to ensure that, if...more

Summary Judgment in Respect of Quality Claim

On 1 December the Commercial Court gave a judgment for the Claimant seller in this matter, which arose out of the sale of a cargo of gas oil in 2008. The cargo was to be loaded by STS transfer from a mother vessel....more

Extension of Common Law Rule Against Set Off From Freight to Air Freight

The London Circuit Commercial Court has held that the well established common law rule in shipping law that “a claim in respect of cargo cannot be asserted by way of a deduction from freight” extends to air freight. In...more

12/13/2017  /  Contract Disputes , Contract Terms , UK

EU Data Protection Regulation – Are You Ready for the GDPR?

The General Data Protection Regulation (the Regulation or GDPR) comes into effect on 25 May 2018. The Regulation is arguably the most seismic change in European Union (EU) data protection law in over 20 years and will present...more

Appointment of Arbitrator

Hot on the heels of the Sino v Dana decision (reported in our blog on 16 November), the Commercial Court considered the question of notice of appointment of an arbitrator once again in Glencore Agriculture BV (formerly...more

11/22/2017  /  Arbitration , Arbitrators , UK

CV Stealth – Arrest of Vessel Under Shelltime 4 – Causation

By way of follow up to our blog on this matter dated 3 May 2016, the Commercial Court heard a further arbitration appeal earlier this month arising out of the detention of the vessel at Puerto la Cruz on 19 September...more

11/20/2017  /  Arbitration , Causation , Venezuela , Vessels

Service of Arbitration Notice

The case looks at the question of when notices of arbitration passed to a counterparty’s agent can be considered effective service on the counterparty in circumstances where that the agent is not authorised to receive the...more

11/16/2017  /  Appeals , Arbitration , UK

Getting the Arbitrator Right

This week the Commercial Court handed down judgment in Tonicstar Limited v (1) Allianz Insurance PLC; (2) Sirius International Insurance Corporation ( PUBL) (London Branch) [2017] EWHC 2753, a matter where the question was...more

The Approach Voyage

The Pacific Voyager [2017] EWHC 2579 is a Commercial Court decision about which a number of articles have been written over the last week. It considers the often neglected approach voyage; identifying the moment when the...more

10/31/2017  /  Maritime Transport , Shipping , UK , Vessels

Tokyo and Paris Launch Concentrated Inspection Campaign on Safety of Navigation

The Maritime Authorities of the Tokyo and Paris Memoranda of Understanding (MOU) on Port State Control have launched a joint Concentrated Inspection Campaign (CIC) on Safety of Navigation. The CIC will commence on 1 September...more

Arbitrator’s Power to Order Sale of Cargo – When is Cargo the Subject of Arbitral Proceedings?

Earlier this month the Commercial Court handed down an interesting judgment which considered the question of when a cargo is the “subject of the [arbitral] proceedings”, so as to give rise to a power to order the sale of the...more

8/29/2017  /  Arbitration , Arbitrators , Shipping Cargo , UK

The “New Flamenco”

The Supreme Court has today handed down Judgment allowing Owners’ appeal in the “New Flamenco”. For those of you who are not familiar with the case, Charterers were in repudiatory breach of the Charterparty, which Owners...more

Qatar – Sanctions and Restrictions: What Has Happened, and What It Might Mean for You

On 5 June 2017, Saudi Arabia, the United Arab Emirates, Egypt and Bahrain (the Blockading Countries) severed diplomatic and economic relations with Qatar. Since then, a number of other countries, including the Maldives and...more

Cyber Issues in Shipping

We have had reports of an email scam being circulated amongst owners and charterers and, in particular, being sent to ships. These emails are being sent by scammers posing as law firms in order to distribute malware,...more

Collecting Your Goods – Electronic Release System

The Court of Appeal handed down a judgment this week in MSC Mediterranean Shipping Company SA v Glencore International AG [2017] EWCA Civ 365 relating to a dispute arising out of the Electronic Release System (“ERS”) in...more

The Supreme Court decision in the Ocean Victory

The Supreme Court decision in the Ocean Victory was handed down this morning. We will prepare a detailed client alert on the implications of the decision, but for now can report that: (1) Unsafe ports - The Supreme...more

5/10/2017  /  Ports , Shipping , UK , Vessels

Piracy – Additional Premium and Crew Costs

In London Arbitration 11/17 it was held in respect of a charter on an amended NYPE 93 form, incorporating the BIMCO Piracy clause and the Conwartime clause, that: 1. A claim for reimbursement of additional premium (AP)...more

3/21/2017  /  Arbitration , UK

New LMAA Terms Coming into Effect 1 May 2017

The LMAA has published new Terms and Procedures which will apply to arbitration proceedings commenced on or after 1 May 2017. Key differences between the LMAA 2017 terms and the previous (2012) version are: Specific...more

Within Port Limits

In this case the Commercial Court considered the meaning of “within port limits” in the context of a charterparty on an amended Gencon 94 form which provided that: “[Notice of readiness] to be tendered at both ends even...more

Maritime Greenhouse Gas Emissions – Legal Update

In our April update on this subject, we reported on the outcome of the sixty-ninth meeting of the Marine Environmental Protection Committee (MEPC) of the International Maritime Organization (IMO) (MEPC 69) and on what to...more

Contracting out of waiver? Court of Appeal provides guidance on ‘no variation’ and ‘anti-oral’ variation clauses

This Alert looks at the effectiveness of what are commonly termed “no variation” or “anti-oral variation” clauses (i.e. clauses which purport to prevent the contract in question from being amended absent compliance with...more

The Global Santosh: The Supreme Court provides guidance on a charterer’s responsibility for its agents

NYK Bulkship (Atlantic) NV (Respondent) v Cargill International SA (Appellant) (“The Global Santosh”) [2016] UKSC 20 (overturning the Court of Appeal [2014] EWCA Civ 403) - The Supreme Court last week handed down an...more

Res Cogitans - A Class of Its Own

Bunker Supply Contracts, Retention of Title Clauses, The Sale Of Goods Act 1979 and One Highly Publicised Insolvency Combine to Give Vessel Owners a Global Headache - The Supreme Court’s ruling in this already...more

Contractual amendments – “only in writing and signed by the parties”

We often see contracts containing wording along the lines of: “This Agreement may not be amended, except by the mutual written agreement of the Parties.” The recent decision of the Court of Appeal in Globe Motors Inc.,...more

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