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Shipping & The Law conference draws maritime royalty to Naples

Influencers and thought leaders from across the maritime industry convened in Naples to take part in the 8th edition of Shipping & The Law. Held in the 17th century splendour of the Court Theatre at the Royal Palace of Naples and organised by Studio Legale Lauro the event was hosted by Managing Partner Francesco S Lauro, the conference saw participation of a number of leading figures from shipowning, finance, law, insurance from Naples and around the world. A series of panels and interviews interspersed with keynotes from leading industry practitioners ...

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Ince & Co recruits shipping and international trade partner in Monaco

International law firm Ince & Co is pleased to announce that Ian Fisher, a partner specialising in shipping, international trade, ship-building and off-shore oil and gas matters has today joined the firm’s Monaco office. Ian is well known to Ince & Co, having trained in the firm’s London office and having practiced there for more than four years. Ian’s core practice focuses on dry shipping, international trade, ship-building and off-shore oil & gas disputes. He also has significant non-contentious experience, in particular in relation to ship-building and off-shore construction contracts. ...

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Unclear Surety Instruments Guarantee Trouble? Autoridad del Canal de Panamá v Sacyr, SA & Ors1

Guarantees and on demand bonds are the lifeblood of international trade, and nowhere is this truer than in the construction sector, where cash flow is critical. Therefore the courts’ approach to the interpretation of such instruments will be of interest to all potential issuers and beneficiaries. In its recent judgment in the case of Autoridad del Canal de Panamá v Sacyr, SA & Ors, the Commercial Court revisited the principles which will be used to determine how these instruments are construed. Here, an employer’s application for summary judgment rested on ...

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Coast Guard Revises Vessel Documentation Regulation

The U.S. Coast Guard issued a final rule on September 20, 2017 amending its U.S.-flag vessel documentation regulations. The final rule responds, in part, to an October 18, 2013 petition for rulemaking submitted by the U.S. Maritime Law Association (MLA) seeking to make both technical and substantive clarifying changes to existing regulations. According to the Federal Register notice, the Coast Guard’s final rule makes many of the MLA’s suggested technical changes. In addition, the notice suggested that “significant substantive changes may be the subject of future regulatory action.” One example ...

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Assuranceforeningen Skuld (Gjensidig) and another -v- Jesse Remalmog and others [2017] EWHC 2304 (Comm)

In this case the claimants asked Mr Justice Field to consider an application for summary judgment in respect of an anti-suit injunction. The main issue before the court was whether an LOU, issued by the claimants and accepted by the defendants, restricted the right of the defendants to pursue claims otherwise than before the High Court of Singapore. The factual background The claimants were the owners and insurers of “SEVILLA KNUTSEN” (‘the vessel’). On 18 April 2017 the vessel allegedly struck a coral reef located off the Eauripik Atoll, Federated ...

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Carriage of goods by sea in Belgium

Carriage of goods International conventions Is your jurisdiction party to any international conventions on the carriage of goods by sea? If so, does the relevant domestic implementing law contain any notable modifications (eg, extensions to the scope of application)? Belgium has adopted the Hague Rules and the Hague-Visby Rules, together with the Special Drawing Rights Protocol. Those rules have been incorporated in Article 91 of the Belgian Maritime Code. There is one important particularity under Belgian law: when the Hague-Visby Rules were transposed into national law, they were made mandatory ...

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Maritime Clusters: Out to overtake London?

Aside from London, the maritime world is also looking to important existing and newer maritime clusters which have developed in the last decade. A number of other cities across the world including Singapore, Hamburg and Piraeus, as well as Oslo and Hong Kong are established as leading shipping commercial centres. Other centres both inside and outside the EU are seeking to pick up London maritime business, with Greece on a drive to attract UK-based owners and marine insurance brokers for an enhanced post-Brexit maritime cluster in Piraeus. With 15-20% of ...

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WFW advises Teekay Offshore on strategic investments by Brookfield and refinancings

A multi-jurisdictional team from international law firm Watson Farley & Williams LLP (“WFW”) advised long-standing client Teekay Offshore Partners L.P. (“Teekay Offshore”) on several matters relating to the successful completion of its recent major strategic investment and financing initiatives linked to the US$610m equity investment in Teekay Offshore by Brookfield Business Partners L.P., together with its institutional partners (“Brookfield”) and an additional US$30m equity investment by Teekay Corporation (“TKC”). These initiatives included: The establishment of Teekay Offshore’s shuttle tanker business in a new, wholly-owned, non-recourse subsidiary, Teekay Shuttle Tankers L.L.C. ...

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WFW advises on US$191.8m K-Sure backed post-delivery financing for FSRU “BW Integrity”

International law firm Watson Farley & Williams (“WFW”) advised Credit Agricole Corporate and Investment Bank (“CA-CIB”) and KfW- IPEX Bank GmbH (“KfW”) as Mandated Lead Arrangers and Lenders on the export credit agency backed US$191.8m post-delivery financing to a subsidiary of BW Gas, in relation to BW Gas’ second FSRU, BW Integrity. The FSRU has a storage capacity in excess of 170,000 cubic metres and a peak regasification capacity of 750m standard cubic feet per day and will serve Pakistan’s second LNG terminal at Port Qasim and is currently employed ...

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Updates of shipowners’ liability limits for maritime incidents proposed

The Government proposes to amend Schedule 2 to the Merchant Shipping (Limitation of Shipowners Liability) Ordinance (Cap. 434) to incorporate the latest liability limits adopted by the International Maritime Organization (IMO) in the Convention on Limitation of Liability for Maritime Claims into local legislation. “The amendments will increase shipowners’ financial liability limits for maritime incidents in order to align with the IMO’s requirements,” a spokesman for the Transport and Housing Bureau said. The Legislative Council Panel on Economic Development and relevant advisory and consultative committees of the Marine Department have ...

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Emirates Maritime Arbitration Centre participates in the second Dubai Maritime Agenda

To facilitate meaningful dialogue with some of the world’s leading maritime leaders, the Emirates Maritime Arbitration Centre (EMAC) will participate in the second Dubai Maritime Agenda to be held on 10 October 2017 at The Address, Dubai Marina. A strategic platform encouraging discussion around the future of the maritime sector, the event will bring together some of the industry’s most influential figures, sector experts, decision-makers and maritime leaders to discuss ways to enhance the competitiveness of the local maritime cluster to provide a secure, sustainable and integrated maritime sector. “Investment ...

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Marine engine subcontractor not liable towards shipowner under product liability law

On September 13 2017 the Supreme Court passed down its decision in a product liability appeal case between a manufacturer of marine engines and a Danish shipowner. The pivotal question before the Supreme Court was the distinction between damage to: the defective product itself, which was not compensable under product liability law; and other property, which was compensable. Facts A plaintiff shipowner (S) ordered 10 gas carrier newbuildings between 2007 and 2010, seven of which were sister ships delivered by a Korean shipyard (Y). The defendant, a marine engine manufacturer ...

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Be Prepared: Advice for the Shipping Industry on the Cyber Threat

“Take the time to prepare and focus on prevention” was the message from the panellists in our webinar on cyber attacks in the shipping industry last week. Mark Johnson, Counsel in our shipping group, led a discussion with John Boles, Director of Navigant, Griff James, Director of DAMROD and Philip Thomas, Counsel in our IP, Tech & Data team. John Boles emphasised the importance of “identifying your crown jewels” to ensure that resources are allocated to protecting your most essential assets. Once you have identified the ‘crown jewels’ it is ...

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Major-accident hazards in harbour areas: perhaps a gap in law?

It has been almost one year since the Italian port reform came into force [1] and it seems appropriate to make a few considerations on port accident prevention and security, especially in light of the implementation, in Italy, of the EU Seveso III Directive on control of major-accident hazards [2]. It should first be noted that there appears to be a mismatch between the EU Directive and Italian law. Reference is made in particular to the apparent conflict between the EU environmental legislation and Italian port legislation. In light of ...

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Indonesian pirate gets 16 years in prison for oil tanker robbery

Another Indonesian pirate was jailed for 16 years by the Sessions Court today, after pleading guilty to robbing an oil tanker last month. In passing the sentence, Judge Azman Mustaffa also ordered the accused, identified only as Syafri, 46, to be given three strokes of rotan. Syafri, together with 10 others who were earlier charged, and 2 others still at large, allegedly robbed MT MGT-1 that was carrying RM7 million worth of diesel in the South China Sea. The 13, allegedly used knives and parang to threaten 14 of the ...

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