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Maritime Updates

Read need-to-know updates, commentary, and analysis on Maritime issues written by leading professionals.

The Yangtze Xing Hua

by Reed Smith on

This was a further appeal, to the Court of Appeal, from an LMAA arbitration award, considering the true construction of the sweep-up provision at sub-clause 8(d) of the Inter-Club Agreement 1996 (“ICA ‘96”); specifically,...more

Don't Lien on Me: Identification and Mitigation of Maritime Lien Risks in Marine Lease/Loan Transactions

by King, Krebs & Jurgens, PLLC on

Due to their increasing size, specialization and technological sophistication, today’s vessels present attractive “big-ticket” financing opportunities. However, commercial vessels, regardless of type, will inevitably incur...more

Autonomous Vessels: How an Emerging Disruptive Technology Is Poised to Impact the Maritime Industry Much Sooner Than Anticipated

by Blank Rome LLP on

The maritime industry is currently experiencing a sea change in technological disruption through the increased development of advanced automation on unmanned surface vessels (“USVs”). Automated vessel technology is rapidly...more

Maritime and offshore restructuring in Singapore: A safe harbour?

by White & Case LLP on

The new laws have made Singapore more attractive for companies looking to restructure, but will it become the jurisdiction of choice for Asian debt restructurings? The maritime and offshore (M&O) sector has endured almost...more

Appointment of Arbitrator

by Reed Smith on

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

Don’t Fall Asleep at the Helm- 5th Circuit Goes Broad on OPA Interpretation

by Baker Donelson on

In two issues of first impression, the 5th Circuit Court of Appeals read the complete defense provisions for oil spills under the Oil Pollution Act (“OPA”) to strictly construe the defenses and make them only very narrowly...more

Brazilian Appeals Court Approves Nordic Trustee's Liberian Ship Mortgage

by Holland & Knight LLP on

The Brazilian Superior Court of Justice granted Nordic Trustee's appeal on Nov. 16, 2017, and recognized the validity of a $530 million First Preferred Liberian Ship Mortgage over the OSX 3 in favor of Nordic Trustee. The OSX...more

CV Stealth – Arrest of Vessel Under Shelltime 4 – Causation

by Reed Smith on

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

U.S. Coast Guard National Vessel Documentation Center Publishes Criteria for Making U.S. Build and Rebuild Determinations

by Blank Rome LLP on

Action Item: A recently published guidance document issued by the National Vessel Documentation Center (“NVDC”) for the first time provides the public with the key criteria it uses in making U.S. Build and Rebuild...more

Frederic Lalance Weighs in on FCPA Investigation Into Mozambique Maritime Security Deals

Frédéric Lalance, a partner in Orrick’s Paris litigation team and a member of the firm’s global Africa practice, recently spoke with Mozambique-based Zitamar News regarding an investigation by the U.S. Department of Justice...more

U.S. Fifth Circuit Affirms $20 Million Judgment Against Barge Owner as Responsible Party Under the Oil Pollution Act of 1990

by Liskow & Lewis on

In July of 2008, nearly 300,000 gallons of oil spilled into the Mississippi River in New Orleans when a tugboat towing an oil-filled barge veered across the river into the path of an ocean-going tanker. American Commercial...more

Naquin on the Door of a Circuit Split? Second Circuit Suggests Emerging Split from the Fifth Circuit Regarding Jones Act Seaman...

by Baker Donelson on

A circuit split may be emerging after the Second Circuit Court of Appeals’ unanimous decision in Matter of Buchanan Marine, L.P., – F.3d –, No. 16-1092 (2d Cir. Oct. 27, 2017) (Kearse, Cabranes, Chin, J.) affirming a New York...more

From Sea to Privacy: New Border Legislation Increases Focus on Cybersecurity and Privacy at U.S. Ports

by Reed Smith on

Last week, the U.S. House Homeland Security Committee (the “Committee”) held a hearing on “Examining Physical Security and Cybersecurity at Our Nation’s Ports” that sought to identify and understand cyber threats posed by...more

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

by Holland & Knight LLP on

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

Ghost Ships, Shadow Brokers and Cryptoworms: October is National Cyber Security Awareness Month

by Baker Donelson on

In a chillingly apropos follow-on to the mid-summer global Petya and WannaCry cyber/ransomware attacks, which crippled businesses and government interests around the world, October has been dubbed “National Cyber Security...more

The Approach Voyage

by Reed Smith on

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

Recoverability of Operating Expenses under Rule F of the York-Antwerp Rules 1974

by Reed Smith on

On 25 October 2017, the English Supreme Court handed down judgment in Mitsui & Co Ltd and Others v Beteiligungsgesellschaft LPG Tankerflotte MBH & Co KG and Another (The “Longchamp”). The case provided the Supreme Court a...more

Louisiana Supreme Court Holds Punitive Damages Are Available Under General Maritime Law Against Products Liability Defendant

by Liskow & Lewis on

A recreational boating accident occurred on navigable inland waters of Louisiana in May of 2005 resulting in the death of a 22-year old passenger. While the boat was on plane, the hydraulic steering system manufactured by...more

New Jones Act Legislation Pending, with Puerto Rico Focus - Is Temporary Jones Act Relief Possible for Reconstruction?

by Holland & Knight LLP on

• Four bills are currently pending in Congress to repeal or limit the reach of the Jones Act, including three that are focused upon relief efforts to assist Puerto Rico after the disastrous effects of Hurricane Maria. •...more

Mainbrace: October 2017 (No. 4)

by Blank Rome LLP on

Note from the Maritime Industry Team - Large sectors of the maritime industry—especially offshore—remain in the doldrums, but it nonetheless has been a busy few months for our Blank Rome Maritime group. Our Washington,...more

Shipping finance: recent French law legal updates

by White & Case LLP on

There have recently been significant developments in French maritime law, which will be of interest to all professionals involved in the maritime sector, and which aim to make the French maritime flag more attractive....more

Current Port Conditions // Central U.S. GOMEX

by Burr & Forman on

Burr & Forman’s Mobile, Alabama office is located in the geographic center of the US Gulf of Mexico coastline (GOMEX). We service clients’ needs in the ports in this area, including – from west to east – Gulfport and...more

Amended OSHA Silicon Standard: Thirty Day Enforcement Phase-In Memorandum

\The United States Occupational Safety and Health Administration (“OSHA”) previously published a March 25, 2016, Federal Register Notice stating it is amending its existing standards for occupational exposure to respirable in...more

Be Prepared: Advice for the Shipping Industry on the Cyber Threat

by Reed Smith on

“Take the time to prepare and focus on prevention” was the message from the panellists in our webinar on cyber attacks in the shipping industry last week. Mark Johnson, Counsel in our shipping group, led a discussion with...more

Fifth Circuit Affirms Contractors Cannot Be Criminally Liable for OCSLA Violations

On September 27, 2017, the Fifth Circuit in U.S.A. v. Don Moss, Curtis Dantin, Grand Isle Shipyard, Incorporated, and Christopher Srubar, No. 16-30516 (5th Cir. September 27, 2017), issued a decision affirming the District...more

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