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

10/02/2014
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

10/02/2014
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?

10/02/2014
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

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

08/02/2014
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

Destruction By Fire Not A Mechanical Breakdown Under A Laytime Exclusion Clause

07/02/2014
This was a dispute as to whether destruction by fire was a “mechanical breakdown” under Clause 28 (laytime

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

06/02/2014
The Athena was a dispute about the meaning of the familiar NYPE off-hire clause

Incorporation of charterparty clause into Bill of Lading: Arbitration or court jurisdiction?

05/02/2014
Caresse Navigation Ltd v. Office National de L’Electricite and others (Channel Ranger) [2013] EWHC 3081 (Comm). In this case, the bill of lading incorporated the “law and arbitration clause” (our emphasis) of a charterparty identified in the bill of lading. The dispute resolution clause in that charterparty, however, provided for English law and court jurisdiction, rather than arbitration.

China: Foreseeability and tort compensation in FFO cases

05/02/2014
Where a ship collides, allides or otherwise contacts with marine loading arms, loading machines for bulk grain/coal etc.,

Ship buyers beware: sellers’ right to claim for an unpaid deposit

01/02/2014
In a judgment handed down in December 2013, the Court of Appeal upheld the decision of Mr Justice Teare in the Commercial Court in Griffon Shipping LLC v. Firodi Shipping Limited.  The decision confirms that the sellers’ remedy under clause 13 of the Norwegian Sale Form 1993 (NSF 93) where buyers fail to pay the deposit is a claim for the unpaid deposit and they are not

Milbank represents lenders in $150 million financing of OSV for Brazil’s most productive oil basin

01/02/2014
Milbank, Tweed, Hadley & McCloy has represented international lenders Mizuho Bank and Itaú BBA

24 pirates caught by Danes are sentenced

30/01/2014
24 pirates were captured by Danish forces at sea off Somalia on 12 May 2011 after a firefight.

Grounded MV Danio's owner Cux Ship Management guilty

29/01/2014
The owner of a cargo ship that ran aground on the Farne Islands after its lookout fell asleep has pleaded guilty to safety

Kenya jails 24 Somalis for attacking an Iranian ship

24/01/2014
A Kenyan court sentenced 24 Somalis to seven years each in prison for attempting to hijack an Iranian

US dropping case against man accused of piracy

20/01/2014
Federal prosecutors are dropping their case against a Somali translator accused of being a pirate and playing an illegal role in the hostage siege aboard a

Looking to Fix Spot Charter? Beware of Turkish Port Fraudsters

20/01/2014
A series of frauds, emanating from Turkish ports involving the shipment of bogus cargo and perpetrated against ship owners, have been uncovered by the security arm of the UK P&I Club, Signum Services, as reported in a prevention advice note as follows:

These frauds always emanate from Turkey and involve criminals

Court to hear somali pirates case on Jan 31

20/01/2014
A sessions court today issued bailable warrants against four naval officers for failing to appear as witnesses in the

Cyprus: New Department Of Merchant Shipping Policy On Security Awareness

18/01/2014
In December 2013 the Department of Merchant Shipping (DMS) announced the following new policy regarding Security Awareness Training or Security training for Seafarers with Designated Security Duties under the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, STCW 78, as amended (the Convention). In accordance with

Singapore High Court Once Again Confirms Its Support Of Arbitral Proceedings And The Principle Of Kompetenz

15/01/2014
On 19 December 2013 the Singapore High Court handed down an important judgment in The Titan Unity [2013] SGHCR 28. The judgment is significant as it reaffirms the commitment and support of the Singapore courts for arbitral proceedings. The case concerned an application to stay Singapore court proceedings, pursuant to the International Arbitration Act (Cap 143A)

UK: Court Rules On Issues Of Contract Interpretation And Measures Of Damages In Contract For The Sale Of Fuel Oil

13/01/2014
The Claimant buyer claimed against the Defendant seller for alleged late delivery of a cargo of fuel oil. The contract stated that the cargo was to "be delivered ... in one lot ... during period 15/17 January 2012". It was common ground that the cargo was not delivered by 17 January 2012. However, the Defendant argued that the contract contained a term extending delivery,

Spanish legal developments with respect to liability to pay freight

09/01/2014
The Association is grateful to Miquel Roca of Law Firm Blas de Lezo, Barcelona for contributing to this article. Miquel Roca
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