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Maritime Updates

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

OnRisk: The Misrepresentation Defense

by K&L Gates LLP on

In this episode of OnRisk, K&L Gates attorneys Carolyn Branthoover and Max Louik discuss the misrepresentation defense, also known as the rescission defense, a defense that insurers have been aggressively pursuing in recent...more

Singapore Launches an Ambitious Blueprint to Drive Singapore Port as the Future Global Maritime Hub

by Reed Smith on

On 12 January 2018, Singapore’s Minister of State for Transport, Lam Pin Min, launched Singapore’s new “Sea Transport Industry Transformation Map.” Considering the maritime industry’s pivotal role in Singapore’s economy,...more

OSHA on the OCS? Fifth Circuit Affirms Preemption of OSHA Regulations on OCS MODU

by Baker Donelson on

The 5th Circuit, in Thomas v. Hercules Offshore Services, L.L.C., concluded per curiam that the Occupational Safety and Health Administration (“OSHA”) safe workplace regulations had been preempted by the United States Coast...more

FBA Provides Update on Maritime Developments in New Orleans and the Lower Mississippi River Region

by Liskow & Lewis on

I attended a great meeting yesterday at the Port of New Orleans hosted by the FBA Admiralty Law Committee. Here are some bullets and takeaways, which are certainly of interest to anyone in the maritime industry along the...more

FMC To Investigate Demurrage Charge Practices

by Holland & Knight LLP on

In the wake of a hearing held by the Federal Maritime Commission (FMC) in January regarding detention, demurrage, and per diem charges, the FMC voted on Monday, March 5, to launch an investigation focusing on the practices of...more

Ninth Circuit Enforces Marine Insurance Arbitration Clause in Yacht Policy

by Lane Powell PC on

Maritime law is a federal body of substantive law that governs many aspects of disputes falling under the admiralty jurisdiction of the federal courts. But maritime law does not address all issues that could arise in the...more

President Proposes Boost to Maritime Infrastructure Investment

by Cozen O'Connor on

On February 12, the president released his highly anticipated infrastructure proposal, a “Legislative Outline for Rebuilding Infrastructure in America.” Unlike prior federal infrastructure development strategies, which rarely...more

Senate Committee Approves The Modern Fish Act

by Holland & Knight LLP on

The Senate Committee on Commerce, Science and Transportation voted to approve the Modern Fish Act on Feb. 28, 2018. The Modern Fish Act has bi-partisan support but is opposed by commercial fishing interest and some...more

The “Eurohope”: Unlike England & Wales, Little Hope for Vessel Arrest Purely for Foreign Court Proceedings in Singapore

by Reed Smith on

The recent Singapore High Court decision of The Eurohope confirms the position under Singapore law that a vessel cannot be arrested in Singapore in aid of foreign court proceedings, but it can be arrested for the purposes of...more

Whistleblower saves €200million by reporting cartel

by Bryan Cave on

On the 21st of February 2018, the European Commission announced that it had fined maritime carriers a total of €395 for participation in a cartel concerning the intercontinental maritime transport of vehicles. To...more

Energy Newsletter - February 2018

by King & Spalding on

Developing an FSRU Project in New Markets: 10 Key Considerations - As at 1 July 2017, the total number of operational floating storage and regasification units (“FSRUs”) globally stood at 26, with 23 operating as terminals...more

Keeled Hulls Split At Sea – The Fraught Waters Of General Maritime Law Punitive Damages, Split Among The Circuits

by Baker Donelson on

Steady, helmsman! Steady. This is the sort of weather when brave hearts snap ashore, and keeled hulls split at sea. Moby Dick, Herman Melville, Chap. XL - Since the Supreme Court’s (Justice Thomas’s) landmark decision in...more

Lake Property Ownership: Montana Supreme Court Addresses Riparian Boundary Dispute

The Supreme Court of Montana addressed a dispute between two neighbors over ownership of a portion of a non-navigable lake. Ash v. Merlette, 407 P.3d 304, 307 (Mont. 2017). A lower court (District Court) held that a...more

Dock Access: Michigan Appellate Court Addresses Non-Riparian Lot Owner Issue

The Michigan Court of Appeals addressed in a January 16th opinion an action in which the Plaintiff sought to limit the rights of non-riparian lot owners to maintain a dock at the end of a dedicated private road abutting a...more

Court Issues New Test For Determining Whether An Offshore Oilfield Services Contract Constitutes A Maritime Contract

by King & Spalding on

Maritime laws developed for the blue-water shipping industry have always been an imperfect fit for the offshore oil and gas industry. While both industries face the perils of the sea, what constitutes a vessel and who does a...more

Indirect Cabotage: New Restrictions to Commercial Pleasure Yachts in Greece (Law 4504/2017)

by Reed Smith on

On 29 November 2017, the Greek parliament passed Law 4504/2017. This introduces significant changes to the legal framework for pleasure yachts in Greece, which came into effect on 1 December 2017. Although the purported...more

Hercules Ascendant? A New Fifth Circuit Personal Jurisdiction Decision, and a Gasp of Breath from a Seemingly Dead Letter

by Baker Donelson on

The Fifth Circuit’s recent decision in Sangha v. Navig8 Shipmanagement Private Limited,  No. 17-20093, — F.3d —-, 2018 WL 706518  (Feb 5, 2009) has continued the recent jurisprudential renaissance of personal jurisdiction...more

Developing an FSRU Project in New Markets: 10 Key Considerations

by King & Spalding on

As at 1 July 2017, the total number of operational floating storage and regasification units (“FSRUs”) globally stood at 26, with 23 operating as terminals and 3 as LNG tankers. A further 10 vessels were under construction,...more

Brazilian shipping case law update: the Superior Court of Justice brings calm to troubled waters

by Allen & Overy LLP on

In May 2016, we reported the decision of the São Paulo Court of Appeals to refuse to recognise a Liberian mortgage taken on behalf of bond investors over a Liberian-flagged FPSO, on the grounds that Liberia was not party to...more

Seaman’s Remedies Under General Maritime Law

by Lane Powell PC on

Ninth Circuit Determines Punitive Damages are Available to an Injured Seaman for General Maritime Law Unseaworthiness Claims. On January 23, 2018, a panel of the Ninth Circuit held that an injured seaman asserting a...more

The Eerie Similarities Between The Gulf Spill In 2010 And Hurricane Maria In Puerto Rico 7 Years Later: How the Facts About the...

by K&L Gates LLP on

The massive public attention focused on the Jones Act in Puerto Rico immediately after Hurricane Maria was eerily analogous to the public spotlight on the law during the Deepwater Horizon oil spill (the “Gulf Spill”) in the...more

“Demurrage Claims” for the Purposes of Documentary Time Bars

by Reed Smith on

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

Prohibition on the Carriage of Non-compliant Marine Fuels

by Reed Smith on

The global 0.5% sulphur cap for marine fuel, due to take effect from 1 January 2020, has led to calls for a prohibition on the carriage of non-compliant marine fuels. This is due to concerns that the cap will not achieve the...more

Ninth Circuit Finds Arbitration Clause Showed Clear And Unmistakable Intent To Resolve Arbitrability Questions By Arbitration

by Carlton Fields on

Finding Montana law was inapplicable to the subject insurance policy under both federal maritime choice-of-law principles and the policy language, the Ninth Circuit Court of Appeals determined that an arbitration clause was...more

Louisiana Supreme Court Upholds Expropriation of Commercial Venture

by Liskow & Lewis on

In a decision announced this week, the Louisiana Supreme Court ruled on the constitutionality and method of compensation for the expropriation by a governmental body of property owned by an ongoing commercial venture. In St....more

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