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Vessels Contract Terms

Mayer Brown

Conditions precedent: own wrongdoing cannot be used to escape debt

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Summary - In King Crude Carriers SA & Ors v Ridgebury November LLC & Ors, handed down last month, the English Court of Appeal considered the principle in Mackay v Dick & Stevenson....more

Benesch

Emerging Trends for Ocean Service Contract Bid Season

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Beneficial cargo owners have faced well-reported challenges in recent bid seasons. Two plus years of global pandemic unleashed supply and capacity interruption, carrier lane divergence, and an explosion in rates as well as...more

Benesch

Currents - April 2020: The Party Is Over for Some Charters

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On November 26, 2004, the M/T Athos I allided with an abandoned anchor in the Delaware River while attempting to dock in Paulsboro, New Jersey. The nine-ton anchor punctured the vessel’s hull, spilling 264,000 gallons of...more

Holland & Knight LLP

Supreme Court's Landmark Decision Reaffirms Popular Form Safe Berth / Safe Port Clause

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Negotiating a contract, a charter party in maritime parlance, is a balance of leverage and sometimes a leap of faith. Certain issues are more important to companies than others, and for those issues, the language of clauses...more

Blank Rome LLP

U.S. Supreme Court Issues Safe Berth Warranty Decision

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The final decision in the ATHOS I saga has recently been issued by the U.S. Supreme Court, upholding the decision of the U. S. Court of Appeals for the Third Circuit to the effect that a plain reading of the language found in...more

Cozen O'Connor

U.S. Supreme Court Rules Safe Berth Clause is a Warranty

Cozen O'Connor on

On March 30, 2020, in Citgo Asphalt Refining Co. v. Fescati Shipping Co., Ltd., the U.S. Supreme Court held that, based on its specific wording, a charter party’s safe-berth clause constituted an express warranty of safety,...more

Hogan Lovells

Impact of the Coronavirus outbreak on International Trade Involving China

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With the novel coronavirus (2019-nCoV, the "Coronavirus") spreads globally at alarming speed some countries have responded to the crisis by taking measures such as restricting or denying importation from China and requiring...more

Holland & Knight LLP

FMC Proposes Eliminating Requirement for Vessel Operators to Publish Essential Terms

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The Federal Maritime Commission (FMC) voted in a closed session on Sept. 26, 2019, to eliminate the requirement for vessel operators to publish essential terms of their service contracts. The decision is a response to a...more

White & Case LLP

Force Majeure: substantial damages even if you cannot perform

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In a recent decision, the Court of Appeal has awarded substantial damages to the innocent party after a force majeure event, in circumstances where the party seeking to rely on the force majeure event to excuse liability...more

Holland & Knight LLP

O.W. Bunker Aftermath: Actions Every Owner Should Take to Protect Against Secret Liens

Holland & Knight LLP on

• The high-profile collapse of the O.W. Bunker Group has caused havoc in the maritime industry and illustrated the need for owners to take every step possible to avoid allowing any lien for bunkers attached to its vessel. ...more

Holland & Knight LLP

Second Circuit Confirms Physical Suppliers Don't Have Maritime Liens - Bank's Liens Still in Dispute in O.W. Bunker Case

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• In the legal battle of competing maritime lien claims against vessels whose charterers contracted with O.W. Bunker & Trading A/S or its affiliates in October-November 2014, an important decision was issued this week by the...more

Gray Reed

Lessons from a Liftboat Contract

Gray Reed on

Semco, LLC v. The Grand, LTD. is nominally about a $15 million liftboat construction contract and the legal issues one would expect after a long trial and a big verdict. This post is more about how to administer and perform a...more

Vedder Price

Global Transportation Finance Newsletter - June 2017

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So, what is LIBOR? LIBOR—the London Interbank Offered Rate—is one of the most ubiquitous benchmarks for determining short-term interest rates in bank (and other) lending. LIBOR rates are short-term fixed rates quoted for...more

Vedder Price

O.W. Bunker: Some Modest Considerations

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Vessels cannot sail without fuel. This industry truth is recognized in contracts and under U.S. maritime law. In fact, enabling ship operators to efficiently obtain fuel is so important that U.S. maritime law purports to...more

Holland & Knight LLP

District Court in Cal Dive Rules Against Vessel Owner's Challenge to Maritime Lien

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The U.S. District Court for the Southern District of New York has denied a motion for summary judgment filed by a vessel owner that sought to dismiss the maritime lien claim of a provider of deck personnel. The court's...more

Cozen O'Connor

Third Circuit Decisions Affirms Contractual Extension/Modification of Maritime Liens

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A decision issued by the U.S. Court of Appeals for the Third Circuit on April 20, 2016, affirms the ability of ocean carriers and their customers to extend and/or modify the possessory lien that carriers have on cargo under...more

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