On 7 May 2018, the Commission Implementing Decision (EU) 2018/684of 4 May 2018 amending Implementing Decision (EU) 2016/2323 to update the European List of ship recycling facilities pursuant to Regulation (EU) No 1257/2013has been published on the Official Journal of the European Union. The European List of ship recycling facilities was established by the Commission Implementing Decision (EU) 2016/2323pursuant to Regulation (EU) No 1257/2013on ship recycling. The purpose of the Regulation is to prevent, reduce, minimise and, to the extent practicable, eliminate accidents, injuries and other adverse effects on human ...

ECT held Hanjin containers hostage Rotterdam based Europe Container Terminal (“ECT”) exercised its right of retention on Hanjin containers following the carrier’s bankruptcy in 2016. ECT and Fenex (the Dutch trade association for logistic service providers and forwarders) agreed that the containers would be released to the cargo interests upon payment of EUR 500 per container. OTX Logistics nevertheless demanded that ECT would charge the actual handling costs as per the terminal agreement between ECT and Hanjin and to receive insight in the tariffs from that agreement. The Rotterdam Court ...

Interlegal and MTBS (Maritime & Transport Business Solutions), a leading maritime consultancy company from Rotterdam, The Netherlands, have agreed on a strategic partnership related to port and infrastructure projects in Ukraine under a new “MTBS Ukraine” brand. Both partners have agreed to cooperate in consultancy services for public-private partnership (PPP) projects. As a result, Interlegal’s law competences in the Ukrainian market will be complemented by specific technical and financial expertise from MTBS. “MTBS Ukraine” will become a new stage in a ten-year partnership between both companies, aimed at delivering high ...

The District Court of Rotterdam, as court of the shipowners’/bareboat charterers’ place of business, has accepted jurisdiction to deal with applications to globally limit liability on the basis of the LLMC in respect of a collision between two vessels in Indonesian waters. Jurisdiction was accepted even though legal proceedings regarding the shipowners’/bareboat charterers’ liability for the incident and damage thereby caused, had already been made pending in Norway. The Rotterdam Court has not stayed the Dutch legal proceedings until the Norwegian proceedings will have come to an end. [The Stolt ...

Insurance market leaders have been urged to apply their policy-reforming zeal to key areas of marine claims lacking clarity – with fishing vessel claims illustrating some of the dilemmas. The call came from Willum Richards, chairman of the Association of Average Adjusters, as he lauded the London market’s Joint Hull Committee for its decision to embark on a review of the Institute Time Clauses (Hulls). He wished success to those involved in developing revised hull wordings and getting markets to adopt them and hoped “that they would continue the good ...

Dutch shipowner Seatrade was recently found in breach of the EU Waste Shipment Regulation (the “Waste Regulation”) after selling four reefer ships for scrapping in India, Bangladesh and Turkey in 2012. This case raises interesting questions about the interaction between the Waste Regulation and the EU Ship Recycling Regulation (the “Recycling Regulation”), attracting considerable interest from owners and operators alike. With environmental and health & safety issues currently appearing at the top of the agenda for the maritime industry as well, it is a good time to review the international ...

Watson Farley & Williams (“WFW“) has advised BPM S.p.A. and Mediocredito Centrale S.p.A. (“Mediocredito”) on a financing of up to €18.2m to Marnavi Chem S.r.l. (“Marnavi Chem”), for the construction of a chemical tanker at Chinese shipyard Shuangliu Wuchang Shipbuilding Industry Co. Ltd. Marnavi Chem is part of the Naples-based Marnavi Group, which has been active in shipping industry since 1910, and is also part-owned by SIMEST S.p.A., a private equity and venture capital investment management company specialising in the development and promotion of Italian enterprises overseas. BPM is Italy’s ...

The United States will reimpose sanctions against Iran to implement President Donald Trump’s decision to withdraw from the Joint Comprehensive Plan of Action (JCPOA), a multilateral agreement under which Iran agreed to curb development of certain nuclear capabilities in exchange for the United States lifting specified sanctions. The Trump administration’s actions amount to a reversion to the Iran sanctions that existed on January 15, 2016, with limited exceptions. Accordingly, companies may need to revise their activities and their Iran compliance policies to reflect this change. Reimposition of Iran Sanctions Among ...

Watson Farley & Williams (“WFW“) has advised BPM S.p.A. (Gruppo Banco BPM – “BPM”) on two loan facilities to finance the reorganisation of Eco Shipping and Serenissima, which is owned by Venice Shipping and Logistics SpA (“VSL”). VSL intends to use the funds raised via the loans to improve the performance of its Giulia I and R Serena R bulk carriers, whose technical management is overseen by the Ishima d’Amico Group, with greater financial flexibility thanks to improved credit lines. Founded in 2009, Milan-based VSL is an Italian company specialising ...

In Lipscomb v. Foss Mar. Co., 83 F.3d 1106 (9th Cir. 1996), the Ninth Circuit defined the policy of awarding maintenance to an injured seaman as follows: Under the general maritime law, a seaman who falls ill or becomes injured while in the service of a ship is entitled to “maintenance and cure” by his employer. This right includes (1) “maintenance”—a living allowance for food and lodging to the ill seaman; (2) “cure”—reimbursement for medical expenses; and (3) “unearned wages” from the onset of injury or illness until the end ...

International law firm, Ince & Co is pleased to announce David Beaves, Managing Partner of the firm’s Hong Kong office, has been appointed to the HKIAC Belt and Road Advisory Committee. The HKIAC has formed the industry focussed committee to support projects related to China’s Belt and Road Initiative (BRI), and launched an online resource platform dedicated to the BRI on 26 April. David has more than 37 years’ experience of corporate, commercial and banking transactions throughout Asia, specialising in the shipping sector. He is widely recognised by peers, clients ...

Watson Farley & Williams (“WFW”) has promoted four Associates in the firm’s world leading Global Maritime group to Partner. They are: Marsila Karpida – New York Marsila focuses on advising domestic and international shipping banks and owners on loan and security documentation, shareholders’ and investors’ agreements, charterparty negotiations, shipbuilding contracts, sale and purchase and general commercial documentation. George Macheras – London George advises banks, financial institutions and ship owners on all aspects of ship financing, including restructurings and work-outs, as well as on the commercial matters relating to the sale, ...

On occasion, parties engaged in court proceedings will consider procedural tactics with the ultimate intention of exerting such pressure on their adversaries that their weakened position, or even inability to pursue the proceedings, will work to their advantage. Such a situation arose in (1) Deleclass Shipping Co. Ltd (2) MWI Shipping Services Ltd v Ingosstrakh Insurance Co. Ltd (2018) where the defendant’s application for security for costs became very problematic for the claimants. Clyde & Co (Fanos Theophani (partner) and Natalie Johnston (associate)) acted for the successful claimants. Background The ...

International law firm Ince & Co announced today the promotion of six lawyers to its partnership with effect from 1 May 2018, along with an additional partner hire. These follow the promotion of three partners in the Hamburg office on 1 April 2018. The new partners will further enhance the firm’s outstanding contentious practice whilst continuing to build transactional capabilities in its chosen sectors and geographies. The newly promoted partners are: Will Blagbrough, London: Will handles and negotiates a variety of complex shipping and trade contracts. He specialises in both ...

Watson Farley & Williams LLP (“WFW”) acted for Crédit Agricole Corporate & Investment Bank in relation to a US$173.5m loan facility for Euronav NV signed on 22 March 2018. This facility provides financing for four ice-class suezmax newbuildings under construction by Hyundai Samho Heavy Industries Co., Ltd., two of which have recently been delivered with the remaining two scheduled for delivery later in 2018. The commercial lenders were Crédit Agricole Corporate & Investment Bank, BNP Paribas Fortis SA/NV and Sea Bridge Finance Limited and The Export-Import Bank of Korea acted ...