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Marine insurance and accidents in the United Arab Emirates

Insurance Mandatory coverage What maritime risks must be covered under the law and what is the mandatory level of coverage? In order to be accepted in the major UAE ports, a vessel must have hull and machinery and protection and indemnity insurance cover. The level of coverage is not mandated and is subject to the ports’ discretion. Insurable risks and ships What other risks are typically covered by marine insurance contracts concluded in your jurisdiction and what ships are insurable? Freight, demurrage and defence insurance is also available. Subrogation rights ...

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Important consultation on new draft Ports Good Governance Guidance

The Department for Transport has today, 11 September 2017, released the long awaited draft “Ports Good Governance Guidance” for public consultation. The consultation runs until 22 October 2017. All statutory harbour authorities (SHAs) should consider the guidance and respond, either individually or through their representative groups. Once finalised, the guidance will apply to all SHAs in England. It also covers all SHAs in Wales until the devolution settlement set out in the Wales Act 2017 comes into effect in April 2018. In addition, in line with the updated Port Marine ...

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WFW advises Berenberg on shipping loan portfolio acquisition

International law firm Watson Farley & Williams (“WFW”) has advised private bank Berenberg on its acquisition, jointly with a Japanese financial institution, of a circa US$460m performing shipping loan portfolio from the Royal Bank of Scotland (“RBS”). WFW previously advised Berenberg on the acquisition of a similar US$300m portfolio from RBS in February 2017. Hamburg-based international investment and private bank Berenberg was founded in 1590 and is the world’s oldest merchant bank and the world’s second oldest bank overall. It is especially active in pan-European equity research, brokerage and capital ...

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When are two delays considered “concurrent delays” such that the contractor is entitled to an extension of time?

In Saga Cruises BDF Limited v Fincantieri SPA [2016] EWHC 1875, the English High Court held that two delays which occurred within the same time period are not necessarily “concurrent” in the legal sense of the word. One must bear in mind the orthodox rules of causation to determine whether each delay had an actual impact on the completion date. Background In 2010, Saga Shipping (Owners) purchased a cruise ship and engaged Fincantieri, an Italian shipbuilding company (Contractor), to refurbish the ship for €14.3 million. The contract contained a clause ...

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Avoiding the GDPR iceberg – data protection in the shipping industry

Businesses now have less than nine months to prepare for the EU General Data Protection Regulation (GDPR), which overhauls a data protection regime dating from 1995. The GDPR becomes effective across the European Economic Area (EEA), including in the UK, from 25 May 2018. It will also apply to a large number of businesses established outside of the EEA. With large potential fines (the greater of up to 4% of global turnover or 20 million Euros), risk of claims from individuals and reputational damage, businesses need to make the necessary ...

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Marine insurance and accidents in Belgium

Insurance Mandatory coverage What maritime risks must be covered under the law and what is the mandatory level of coverage? The following risks must be covered: · oil pollution – as per Article VII of the International Convention on Civil Liability for Oil Pollution Damage; · bunker oil pollution – as per Article 7 of the Bunker Oil Convention 2001; -maritime claims – as per the Convention on Limitation of Liability for Maritime Claims 1976. Insurance cover must be in accordance with EU Directive 2009/20/EC, as incorporated by the Act ...

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India: 60 more Somali pirates convicted, to be deported

A special court on Friday convicted 60 Somali pirates who were caught in Indian waters in 2011. The case was abated against one accused who died during trial. Special judge Jayendra C Jagdale sentenced the accused to seven years’ imprisonment on charges of attempt to murder and kidnapping. It’s the fourth and last conviction of Somali pirates in custody in the city over the last month; 119 pirates have been convicted so far. The accused were brought to the city civil and sessions court at Kala Ghoda from Taloja jail ...

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United States: Harvey’s Impact On U.S. Fuel Supply Chains May Trigger Jones Act Waiver Request

Process Cumbersome for Storm-Related Waivers, Which Have Been Sparingly Granted HIGHLIGHTS: -A disruption of refinery operations and ocean shipping on the U.S. Gulf Coast in the wake of Hurricane Harvey may spur oil industry requests for a waiver of the Jones Act to permit non-U.S. vessels to move crude oil and refined products to East Coast markets. -Historically, federal agencies have sparingly granted waivers in the aftermath of severe storms, although waivers were granted after Hurricanes Katrina and Rita in 2005, as well as after Superstorm Sandy in 2012. -Participants ...

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Ship registration in the United Arab Emirates

Registration Eligibility Which ships are eligible for registration in the national shipping register(s) and which parties may register ships? Generally, only vessels above 10 gross tonnage must be registered. The natural or legal person owning such a vessel must be a UAE national. If the vessel is jointly owned, all owners must be UAE nationals. If the vessel is owned by a UAE limited liability company, 51% of the capital most be owned by UAE nationals and all directors must be UAE nationals. However, pleasure boats may be owned by ...

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Japanese Report: LNG Sale and Purchase Agreement Destination Restrictions Likely Anticompetitive

Background: Contracts for the sale of LNG traditionally limit the ability of the liquefied natural gas buyer to freely resell the cargoes acquired under the contract. This helps LNG sellers manage their markets and operations but also limits the ability of LNG buyers to optimize their supply arrangements over time. With Japan entering a period of excess LNG, such restrictions are receiving increasing scrutiny both from buyers and the Japanese government. The Report: The Japan Fair Trade Commission conducted a survey and published a report finding that destination restrictions in ...

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Japanese Report: LNG Sale and Purchase Agreement Destination Restrictions Likely Anticompetitive

Background: Contracts for the sale of LNG traditionally limit the ability of the liquefied natural gas buyer to freely resell the cargoes acquired under the contract. This helps LNG sellers manage their markets and operations but also limits the ability of LNG buyers to optimize their supply arrangements over time. With Japan entering a period of excess LNG, such restrictions are receiving increasing scrutiny both from buyers and the Japanese government. The Report: The Japan Fair Trade Commission conducted a survey and published a report finding that destination restrictions in ...

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Two charged with cheating shipping company of $1.5 million

Two men were charged on Monday (Sept 4) with cheating a shipping company of $1.5 million. Frenchman David Weidmann, 36, and Romanian Iosiff Kiss, 39, are accused of cheating the Oceanic Group at around 7.40pm last Saturday (Sept 2). They allegedly duped the firm into believing that they are collecting a commission sum of $1.5 million to buy a vessel. As a result, they allegedly induced one Mr Daniel Chui Mun Yew to authorise the release of the cash. Mr Chui is the founder and managing director of the Oceanic ...

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Hurricane Harvey – The Impact of Force Majeure on the Oil and Gas Supply Chain

As shut down notices continue to roll in, it appears that the level of damage wrought by Hurricane Harvey to oil and gas infrastructure along the Gulf Coast may vary significantly by asset class in the final analysis. Although a number of pipelines and upstream producers have curtailed operations due to the storm, the heaviest impact so far has been to oil refineries along the Gulf Coast. This is not a total surprise – Houston and Corpus Christi,two of the cities most affected by the storm, are both major refining ...

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Why a Hanjin Fleet Came to Hong Kong

The demise of Korea’s Hanjin Shipping Co. Ltd. was the largest bankruptcy of a container line in history, and earlier this year it resulted in the biggest ever court sale of ships in Hong Kong, with a total sale price exceeding US$600 million. In this article we consider Hong Kong’s role as a centre for maritime legal services, and the procedures involved in ship mortgage enforcement. HONG KONG’S MARITIME LEGAL SERVICES • In May 2017, Chinese President Xi Jinping welcomed 28 heads of state and government officials to Beijing to ...

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Maritime law in the wake of the unmanned vessel

Unmanned vessels are no longer a futuristic concept, but a reality. In Norway, several projects involving the testing of unmanned vessels are currently ongoing. It is only a question of time before we see unmanned vessels operating in international waters. Maritime law in the wake of the unmanned vessel In this article we will first look at ongoing projects in Norway and the challenges faced from a national law perspective. Secondly, we will provide an overview of the legal implications for international maritime law, in particular the regulatory framework established ...

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