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The International Maritime Organisation (IMO) has produced a draft Polar Code to cover all aspects of shipping in the Arctic and Antarctic areas.
Court of Appeal considers whether dishonouring LC bank has title to sue under indorsed bill of lading download
The Court of Appeal has given judgment in a case that has implications for all traders who rely on letters of credit for payment security in their sale and purchase transactions.
Bill of lading ‘law and arbitration’ clause incorporates charterparty court jurisdiction provision download
This dispute concerns a claim for cargo damage of around $1m under a bill of lading on the Congenbill 1994 standard form.
A recent decision from the Commercial Court provides useful guidance on the construction of clause 8 of the popular GAFTA 49 form.
Shipping E-Brief — more pitfalls for owners looking to terminate for unpaid hire; Hong Kong ship arrest; and more download
The Shipping E-Brief is a quarterly publication providing you with key information on legal decisions and developments in shipping and related business areas.
The case of Swallowfalls v Monaco Yachting concerned the construction of a yacht that was to be paid for by instalments upon the achievement of particular construction milestones.
The Court of Appeal has ruled in underwriters’ favour regarding the use of a fraudulent device by an assured in connection with the presentation of an insurance claim.
The recent case of Michael Hirtenstein and Il Sole Ltd v Hill Dickinson LLP has shed some doubt on the Union Power decision.
Scrapping and recycling: Basel or Hong Kong? Which applies, why is it important and what issues do you need to be aware of? download
The legal matrix applicable to the scrapping and recycling of drilling units and vessels has never been more significant.
Damages for breach of terms as to quality — does the Sale of Goods Act limit such damages to depreciation in value? download
This sale contract dispute provides a useful refresher with regard to the proper application of the provisions of sections 53 and 54 of the Sale of Goods Act 1979.
On 1 August 2014, the ‘Provisional Measures on the Collection of Tax on Non-Resident Taxpayers Engaged in International Transportation Business’ came into force.
The Ebola outbreak in West Africa has seen a number of advisories from P&I Clubs and industry bodies.
Vessel arrest in Hong Kong — a means to enforce a maritime arbitration award via the backdoor? download
In a potentially very significant judgment last month, the Hong Kong High Court upheld the arrest of a vessel despite the plaintiff already having obtained an arbitration award.
Mr Justice Field, sitting in the Commercial Court, has had to consider the meaning of the phrase ‘proper and business-like’.
Swallowfalls v Monaco Yachting provides further support for the construction of contracts in the manner most consistent with ‘commercial common sense’.
Berth damage — Terminal Contenitori Porto di Genova SpA v China Shipping Container Lines Ltd download
Instances of vessels making contact with and damaging a berth are fairly common. Disputed claims on liability are much rarer.
The Shipping E-Brief is a quarterly publication providing information on key legal decisions and developments in shipping and related business areas.
In an LMAA charterparty dispute between Sun United and Kasteli, owners’ claims had been secured by money paid into an escrow account in the name of charterers’ solicitors.
Ship operators trading to Ukraine now face a potential problem of falling foul of international/European law on the one hand and Ukrainian law on the other.
In Germany, new rules specifically designed to regulate the limits of working hours in the offshore industry came into effect on 1 August 2013.