News & Analysis as of

Vessels

Maritime Liens and the Automatic Stay: Impact of the Ninth Circuit’s Barnes Decision

by Garvey Schubert Barer on

Can a Bankruptcy Court order the sale of a vessel “free and clear” of a seaman’s maritime lien for maintenance and cure under Bankruptcy Code § 363? According to the Ninth Circuit’s recent ruling in Barnes v. Sea Hawaii...more

Third Circuit Issues Long-Awaited Ruling in OPA Liability Case

by Liskow & Lewis on

On March 29, 2018, the United States Court of Appeals for the Third Circuit issued its ruling in In re: Petition of Frescati Shipping Co., Ltd., as Owner of the M/T ATHOS I, Nos. 16-3552, 16-3867 & 16-3868 (3d Cir. Mar. 29,...more

Third Circuit Addresses Cleanup Cost Apportionment and Related Affirmative Defenses

On March 29, the U.S. Court of Appeals for the Third Circuit decided an important oil spill cost recovery case: In re Petition of Frescati Shipping Co., Ltd. v. Citgo Asphalt Refining Co., et al. It is a case concerning the...more

Ninth Circuit Rules That Bankruptcy Filing Does Not Affect District Court’s In Rem Jurisdiction Over Vessel and Adopts...

by Lane Powell PC on

On March 28, 2018, the Ninth Circuit Court of Appeals addressed both the in rem jurisdiction of a federal district court sitting in admiralty vis-a-vis an intervening bankruptcy, and in a question of first impression in the...more

Safe Berth: Meaning of “Always Accessible”

by Reed Smith on

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

U.S. Coast Guard Publishes Final Rule That Increases the Marine Casualty Reporting Thresholds

by Blank Rome LLP on

On March 19, 2018, the U.S. Coast Guard published its long-awaited final rule on Marine Casualty Reporting Property Damage Thresholds. In what was widely viewed as a common-sense and non-controversial adjustment, the final...more

Shipowners Face Risk of Criminal Liability for Illegal Demolition of End-of-Life Vessels

by Reed Smith on

A Rotterdam court has found Dutch reefer operator Seatrade and two of its directors criminally liable last week for illegally selling vessels for demolition in South Asian yards in breach of the EU Waste Shipment...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

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

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

U.S. Issues New North Korea Sanctions and a Warning to the Global Shipping and Finance Industries

by Kelley Drye & Warren LLP on

The U.S. Office of Foreign Assets Control (OFAC) issued new sanctions targeting the shipping industry for dealings involving North Korea. The sanctions include the designation of 56 companies and vessels involved in...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

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

EU gradually expands sanctions on North Korea and Venezuela

by White & Case LLP on

The EU has added several individuals and entities to its list of persons subject to an asset freeze and travel restrictions, as part of sanctions targeting the Russian Federation, Venezuela, and the Democratic People's...more

Ninth and Fifth Circuits Split on Issue of Punitive Damages Under Maritime Law

by Liskow & Lewis on

The stage appears to be set for intervention by the United States Supreme Court following the Ninth Circuit’s recent panel decision in Batterton v. Dutra Group, No. 15-56775 (9th Cir. Jan. 23, 2018). In Batterton, the Ninth...more

Important Consequences: New Fifth Circuit Test For Determining Nature of Offshore Contracts

by Reed Smith on

The Fifth Circuit standard for determining whether a contract is maritime in nature has often been criticized by practitioners and members of the court for its complexity. In a January 8, 2018, en banc decision, the court...more

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