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Package limitation for containerised cargoes: The Maersk Tangier

The Maersk Tangier is the first English case to consider package limitation for containerised cargoes under the Hague-Visby Rules. Robert Thomas QC and Benjamin Coffer appeared for the successful claimants. The judgment of Andrew Baker J, handed down today, is significant in a number of respects: The Court held that the Hague-Visby Rules were compulsorily applicable, notwithstanding that the carrier had issued waybills rather than bills of lading. The Judge declined to follow El Greco v. Mediterranean Shipping [2004] 2 Lloyd’s Rep 537, in which the Federal Court of Australia ...

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Once on Demurrage, Always on Demurrage?

MSC Mediterranean Shipping Company S.A. v Cottonex Anstalt [2016] EWCA Civ 789 was an appeal from the first instance Commercial Court decision () and raises important issues relating to the law of international trade. The Court of Appeal held that demurrage on detained containers did not accrue indefinitely and that, in contrast to the decision in the Commercial Court that MSC had no legitimate interest in keeping the contract alive beyond the 27 September 2011, the well recognised English law position that an innocent party can choose whether to bring ...

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MLC 2006 Finally Ratified by Turkey

MLC 2006 of the International Labour Organisation (“ILO”) dated 07 February 2006 has been ratified, declared and published in the Official Gazette numbered 30018 dated 25 March 2017. MLC 2006 was already binding on vessels with Turkish ownership flying the flags of contracting states and required compliance by all vessels that underwent port sate control at the ports of contracting states. Fees and fines were imposed on non-compliant vessels. Turkey’s ratification of the MLC 2006 will be registered by the ILO and gain full force and effect with regard to ...

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Authority for Transport in Malta issues Notice concerning EU Regulation 2015/757 on the Monitoring, Reporting and Verification of Carbon Dioxide Emission from Maritime Transport

EU Regulation 2015/757 on the Monitoring, Reporting and Verification of Carbon Dioxide Emission from Maritime Transport (the “Regulation”) has entered into force on 1st July 2015. The Authority for Transport in Malta (“Transport Malta”) has recently issued Notice 133 concerning such regulation. In brief The Regulation requires ship-owners and operators of 5000+ GT vessels to monitor, report, and verify CO2 emissions of such ships calling at any European port. What are ship-owners and operators required to do? Ship-owners and operators of 5000+ GT vessels flying the Maltese Flag are required ...

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WFW advises Hellenic Bank on US$11.8m loan facility agreement towards Gas Ray Shipping

International law firm Watson Farley & Williams (“WFW”) has advised Hellenic Bank Public Company Limited (“Hellenic Bank”) in relation to a US$11,825,000 loan facility made available to Gas Ray Shipping LLC for the purpose of refinancing the acquisition costs of m.v. “GAS RAY”. Founded in 1976, Hellenic Bank is Cyprus’ second largest commercial bank and listed on the Cyprus stock exchange. Widely regarded as one of Cyprus’ key agents for growth, and capitalising on its strong international shareholder base and high liquidity levels, this is Hellenic Bank’s first transaction in ...

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Without Prejudice Privilege – are negotiations admissible evidence when the charterer is in repudiatory breach of charter?

Without prejudice privilege (‘WPP’) applies to exclude all negotiations genuinely aimed at settlement, whether oral or in writing, from being given in evidence in legal proceedings. This rule exists as a matter of public policy to encourage parties to settle disputes, rather than to prolong litigate. When negotiations are privileged, parties can be confident that what they say will not prejudice their position on quantum or liability. Parties typically include ‘without prejudice’ to highlight that the content of that correspondence is intended to settle a dispute and that correspondence should ...

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Project MARTHA, crew fatigue and the implications for a vessel’s “seaworthiness”

In January of this year the findings of “Project MARTHA”, a three year study into the causes and effects of crew fatigue, were released – along with proposals as to how best to mitigate against the risks posed by crew fatigue. The study was conducted by a number of eminent academic institutions with extensive input from the shipping community. The report serves as a timely reminder of the dangers associated with fatigue to those serving on board vessels, as well as those who own and operate them. Project MARTHA The ...

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‘The Arundel Castle’ – High Court clarifies the meaning of ‘port limits’

The High Court has clarified the meaning of “port limits” in voyage charterparties which say that notice of readiness (NOR) can only be tendered within a specified port. Modern Definition of Port Limits Laytime can only commence when a vessel has actually arrived at a port and tendered her NOR. The test for an “arrived ship” was set out by the House of Lords in the Johanna Oldendorff [1973] 2 Lloyd’s Rep 285 where Lord Reid said: “Before a ship can be said to have arrived at a port she ...

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The International Convention for the Control and Management of Ships’ Ballast Water and Sediments will soon enter into force in Italy

In September, this year – after ratification by 53 Contracting Governments (representing 53.28% of the world tonnage – the IMO (International Maritime Organization) Convention for the Control and Management of Ships’ Ballast Water and Sediments, approved in London in 2004, will enter into force. The Convention aims to strongly prevent, minimise and ultimately eliminate the environmental risks associated with ballast water management on ships engaged in international voyages. It was indeed found that the huge amount of sea water carried by ships for stability purposes contains algae, bacteria, microbes, small ...

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Greek company must face B.C. court for 2015 MV Marathassa fuel spill

A Federal Court judge has rejected an application for judicial review filed by a Greece-based company facing charges in a 2015 fuel spill in Vancouver’s English Bay, saying it must make its case in British Columbia Supreme Court. The bulk-grain carrier MV Marathassa and Alassia NewShips Management Inc. each face 10 charges, including discharge of a pollutant and failure to implement an oil-pollution emergency plan and are scheduled to appear in B.C. Provincial Court on Wednesday. Alassia had asked the Federal Court to set aside summonses and declare that attempts ...

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Draft maritime law intended to boost UAE shipping sector

Less than 9 per cent of money in the UAE’s Dh75-billion-a-year maritime sector stays in the country, Khamis Juma Bu Amim told delegates to a briefing on a draft federal maritime law. “Is this right? Is this acceptable?” said Bu Amin, Managing Director and Group CEO of Gulf Navigation Holding, and chairman of the committee responsible for the new draft law, at a briefing organised by the Emirates Maritime Arbitration Centre (EMAC) on Tuesday. “The bottom line: we need that money to stay in the UAE and we need it ...

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Kennedys boosts Asia-Pacific expertise with Clyde & Co marine partner hire

International law firm Kennedys has boosted its international marine insurance and shipping practice, and particularly its Korean expertise, with the appointment of disputes partner Deug Rong (“DR”) Lee from Clyde & Co. DR joins Kennedys’ international marine insurance and shipping team, which came about as a result of their merger with Waltons & Morse in November last year. He will be based in the firm’s London office. With over 20 years’ experience, including time spent as head of legal at global shipping company Pan Ocean Co Ltd, DR’s practice is ...

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The Saga of the SERVER

The Norwegian Supreme Court clarifies the right to limit liability under Norwegian law, and the application of the criteria required to support a wreck removal order. The bulker MV SERVER grounded on Norway’s west coast during heavy weather in January 2007. The vessel broke in two causing a substantial bunker oil spill. The bow section of the vessel was quickly recovered. The aft section sank. Thankfully, all crewmembers were rescued with no serious injuries and the spill was cleaned up. The vessel was entered with Gard for P&I risks. The ...

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Post-Accident Arbitration Clauses for Jones Act Crew Claims

In the United States of America seaman injured in the course of their employment may elect to bring a civil action in law, with the right of trial by jury, against the employer. Whilst a crewmember has the choice of a jury trial or a bench trial there is the possibility of a third option, arbitration. The enforceability of arbitration was discussed in the case of Vane Line Bunkering Inc v Cleveland Hooper, in the United States Court for the Southern District of Florida, Miami Division. Background By way of ...

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Where An Agreement Fails To Deliver

Watson Farley & Williams acted for MRI Trading AG in a leading case on ‘agreements to agree’ that was finally decided by the Court of Appeal in 20131 . That decision has recently been considered in the High Court by Mr Justice Walker in Teekay Tankers Ltd v STX Offshore & Shipbuilding Co. Ltd, 2 a shipbuilding case of particular relevance to parties that enter into long-term agreements or options leaving delivery terms to be agreed. Agreeing to agree Under English law, you cannot ‘agree to agree’. Where parties agree ...

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