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Who is liable for oil pollution payment?

The Helsinki Appeal Court recently overruled a Helsinki Maritime Court judgment regarding an oil pollution payment in 2013. The Finnish Border Guard, which imposes oil pollution payments, sought leave to appeal from the Supreme Court. The question behind the appeal for leave is whether the pollution payment is an administrative payment or a criminal penalty. A Panamanian vessel

Malaysia: Shipping laws updates

The Association is grateful to Sativale Mathew Arun and Dughall Aitken of SPICA for contributing

Owners Liability For In-Transit Loss Does Not Extend To Loss Caused By Piracy

In the recent case of Trafigura Beheer BV v Navigazione Montanari Spa [2014], the Commercial Court considered whether a charterparty clause making Owners liable for in-transit loss covered loss where the cargo was stolen by pirates. This case involved a claim by Charterers against Owners for "in-transit loss" of part of a cargo of premium motor oil. The voyage in

Shipping issues arising out of the Ukraine crisis

The situation in Ukraine remains fluid and, with events moving quickly, very little is certain. At the time of writing, attention is focused on the Crimea with rumours of Russian naval vessels blockading the Kerch Straits which, if true, would quickly isolate the main port of Mariupol (see map below). At present, the US and EU appear committed to achieving a non-military solution to

Yemen upholds 10-year jail for 11 Somali pirates

An appeals court in the southern port of Aden upheld a 10-year jail term for 11 Somali pirates convicted

Singapore shipping company, crew member admit to polluting water

A Singapore shipping company agreed to pay a $1.2 million penalty after it admitted to illegally dumping

Clyde & Co MENA named as 'Maritime Law Firm of the Year'

Trade & Export Middle East has named Clyde & Co's shipping and international trade team as the Maritime Law Firm of the Year

Italian marines will still be tried in India - foreign ministry

Two Italian marines accused of killing two Indian fishermen will still be tried in India, the foreign ministry said on Tuesday, a day

The Recast Brussels Regulation: Reinforcing The Arbitration Exception

The Brussels Regulation governs the jurisdiction and enforcement of judgments in civil matters in the EU. The basic rule is that a defendant should be sued in the courts of the EU Member State in which it is domiciled. The jurisdictional rules of the Brussels Regulation are stated to apply to court proceedings only and not to arbitration. Conflicts of jurisdiction have, however,

Govt rules out use of anti-piracy law to try Italian marines

The Indian government told the apex court on Monday that it would not use a tough anti-piracy law to prosecute two Italian

The application of COGSA in cases when no bill of lading is issued

On February 5 2014, United States Court of Appeals issued summary order for OOO “Garant-S” v. Empire United Lines Co., Inc.

Warranty In NYPE Trip Time Charter

The subject vessel, a new build which had just entered service, was chartered on an amended NYPE form for one time charter trip. Clause 29 of the charter, dealing

Limited Scope For Challenging English Maritime Arbitration Awards

In this case, the Commercial Court reminded unsuccessful arbitration parties that appeals under s.68 Arbitration Act 1996 are only for extreme cases where the Tribunal has gone so wrong in its conduct of the arbitration that justice calls out for it to be corrected. The Court will not assist an appellant if the Tribunal reaches a conclusion on facts that the appellant

“Time Thereby Lost” Under The Nype Off-Hire Clause: Court Of Appeal Reinstates Conventional Approach

The Athena was a dispute about the meaning of the familiar NYPE off-hire clause (clause 15). The Commercial Court decision gave rise to a lot of controversy. It went against conventional principles for determining whether a vessel is off-hire. The talking point of the decision was the meaning given to the words “time thereby lost”, allowing Owners to defeat an off-hire claim on

Italian marines oppose filing of charges under anti-piracy law

Two Italian marines accused of allegedly killing two fishermen off Kerala coast opposed the filing of charges against them under an

Court Orders Rectification Of Charter Restructuring Agreement

In this recent decision, the English Court repeated the principles that it will apply when asked to construe commercial contracts.

Contractual Pitfalls Relating To The Ballast Water Management Convention

With the Ballast Water Management Convention 2004 (the “Convention”) likely to enter into force in the near future, the

Italy Scorns Indian Decision To Try Marines With Anti-Piracy Law

Rome harshly criticised an Indian decision to try two Italian marines accused of killing two fisherman

Assessment Of Damages For Breach Of Contract Of Affreightment

It is a fundamental principle of English law that, when assessing damages for breach of contract, any damages awarded should

Maritime Labour Convention: Are You A "Shipowner" Under Your Charterparty?

The Maritime Labour Convention 2006 (MLC) has been in force internationally since August 2013 and, in that time, it has become clear that it has received widespread ratification, that enforcement is a reality, and that ships run the risk of detention if they are not compliant. However, there has also been a good deal of confusion over the question of "who is the 'shipowner'?" under the
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