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Ince expands presence in historic Lloyd’s building

Ince has today announced that it is moving its insurance practice from Aldgate Tower to the Lloyd’s building in the heart of the London insurance market. The well-established insurance team consisting of Partners, Consultants, Associates and Trainees will serve the insurance industry covering all aspects of insurance, reinsurance, maritime insurance and commercial disputes. The office will allow space for this team’s continued growth both in terms of numbers and practice specialists. Renowned specialist in insurance and reinsurance law, Ince’s long heritage means it is well placed to advise professionals across ...

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Hire Suspended for Vessel Seized by Pirates

The Commercial Court dismissed a shipowners’ claim for hire exceeding USD 4.5 million for the period that the vessel ‘Eleni P’ was seized and detained by Somali pirates in the Arabian sea. In this decision the court applied fundamental principles of contractual construction in a time charter context. The vessel was captured by pirates during a sub-time charter trip as it navigated the Arabian Sea and held for seven months. The owners issued arbitration proceedings for approximately USD 5.6 million, the majority of which was for hire whilst the vessel ...

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Supreme Court Considers Determination of “constructive Total Loss”

The UK Supreme Court’s recent decision in The Renos provides important guidance for both shipowners and insurers as to the costs that can be taken into account in determining whether a vessel is a constructive total loss under its hull and machinery policy. The brief facts The Renos lost main engine power due to a fire in the engine room whilst sailing laden with cargo in the Red Sea. Owners appointed salvors on the ‘no cure no pay’ Lloyds Open Form (“LOF”), which included the Special Compensation Protection and Indemnity ...

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Shipping at the spotlight of terrorism

Is terrorism the new norm for shipping? THE STORY On the 13/06/2019, two oil tankers were victim to what has been described as “sabotage” attacks in the Gulf of Oman, leaving one ablaze and both adrift. Following, a similar incident involving four tankers, which took place one month ago, on the 12th of May, 2019. Japan’s trade ministry reported, that the two oil tankers carried “Japan-related” cargo. The timing of the attacks, was thus especially sensitive, occurring while discussions were being held between the Japanese prime minister and Iranian leadership ...

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Ince Hong Kong Partner Rosita Lau receives another Asia’s prestigious maritime award

Rosita Lau, senior partner of Ince Hong Kong office was presented the “Integration of Women in the Maritime Sector” Award at the Seatrade Maritime Asia Awards Ceremony which was held at the InterContinental Hotel in Hong Kong on 28 June. The award is brand new to this year’s “Personality & Community Award” categories and Rosita became the first outstanding female who received the accolade. This is yet another prestigious individual award that Rosita obtained over the years. “Integration of Women in the Maritime Sector” Award is inspired by and in ...

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No Claim for Punitive Damages in a Seaman’s Claim for Unseaworthiness

In a long-awaited 6-3 holding, the U.S. Supreme Court, in Dutra Group v. Batterton, held that seamen are not entitled to pursue a claim for punitive damages in conjunction with a claim for unseaworthiness. The holding will be a relief to ship owners as a contrary result could have exposed them to claims for punitive damages, which may not have been insured. Vessel owners and the insurers (to the extent they provide coverage for punitive damages) will be relieved by the Supreme Court’s holding. As of now, the only exposure ...

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C Solutions Limited and Transport Counsellors International (TCI) announce merger of Greek Activities

The well-established Piraeus based marine claims consultants Transport Counsellors International (TCI) and internationally renowned marine legal and claims consultants C Solutions Limited are pleased to announce a merger of their Greek activities. TCI’s office in Piraeus will be immediately strengthened by marine casualty specialist Jim Allsworth who established C Solutions Greece in January 2018. It will be supported by Senior Legal Advisor Ben Horn as well as C Solutions London office. Further expansion locally is planned in the near future. The combined team gives the Group’s Greece office senior, experienced ...

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The Poseidon Princples: Will They Affect Me?

The Poseidon Principles launched on the 18 June 2019, with founding signatories including Citi, DNB, Societe Generale, ABN Amro, Amsterdam Trade Bank, Credit Agricole CIB, Danish Ship Finance, Danske Bank, DVB, ING and Nordea. Together they have a combined shipping loan portfolio of c. US$100bn – roughly 20% of the global total. Additional banks are expected to join them in the near future and it is hoped that ship lessors and financial guarantors including export credit agencies will also become signatories to the Poseidon Principles (“Signatories”). What are the Poseidon ...

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New Opportunities for Port Infrastructure Investment

Earlier this month, the U.S. Department of Transportation (DOT) announced a Notice of Funding Opportunity (NOFO) to apply for $292.7 million in discretionary grant funding through the newly established Port Infrastructure Development Program (PIDP). The application deadline for the first $92.7 million in funding is September 16, 2019. The PIDP, which was originally authorized by the National Defense Authorization Act for 2010 (PL 111-84), was created to provide dedicated funding for projects that improve the intermodal functionality of U.S. coastal ports, including the Great Lakes, and river ports near coastal ...

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2 Norwegian shipping executives indicted in antitrust case

Two Norwegian shipping executives have been indicted on charges that they participated in a sprawling antitrust conspiracy. The case against the two Norwegian businessmen has been unsealed in federal court in Baltimore. It’s part of an ongoing U.S. investigation into bid rigging and other anticompetitive actions in the international shipping industry. The accused men were once top executives at Oslo-based Hoegh Autoliners. Prosecutors have identified them as Ingar Skiaker and Oyvind Ervik. It’s unclear whether they had lawyers who could comment. In a Wednesday statement, Assistant Attorney General Makan Delrahim ...

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WFW advises GMC on acquisition of majority stake in Zouros

Watson Farley & Williams (“WFW”) advised Rimorchiatori Riuniti, Fratelli Neri and Rimorchiatori Laziali on the acquisition by their recently incorporated Greek joint venture, Greek-Euro Towage Maritime Company (“GMC”), of an 80% stake in Zouros Group (“Zouros”). Zouros retains the remaining 20% stake, with the two companies’ fleet of tugs to be brought together under their joint operational responsibility. Rimorchiatori Riuniti is an operating holding company active in the harbour, offshore and shipping sectors, controlled by private Genoese families long active in the maritime industry. Fratelli Neri, which provides harbour towage ...

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US Supreme Court holds seaman are not entitled to punitive damages

The Supreme Court of the United States issued its decision today in Dutra Group v Batterton, 588 US __ (2019) (attached below), holding (in a 6-3 decision) that seafarers are not entitled to punitive damages if the shipowner breaches its duty to provide a seaworthy ship. The seafarer is entitled to recover pecuniary losses only, the losses the seafarer may recover for negligence under the Jones Act. In so doing the court reversed the decision of the US Court of Appeals for the Ninth Circuit in Batterton v Dutra Group, ...

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Hill Dickinson boosts commodities team with two senior hires

Hill Dickinson is pleased to announce the strategic acquisition of two partners for its growing commodities team. Experienced energy sector lawyers Mark Aspinall and Paul Sinnott have joined Hill Dickinson from Eversheds and will operate from the firm’s London office. Welcoming them, team leader Jeff Isaacs said: ‘We are excited to have brought in two very significant lateral hires in Mark and Paul. Their individual and combined experience in transactional, derivative-based work and dispute resolution is closely aligned with our strategy to broaden the capability and expertise of our existing ...

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WFW helps develop Poseidon Principles

Watson Farley & Williams (“WFW”) is delighted to have provided legal oversight and drafting input to the group of major banks and other leading industry players developing the Poseidon Principles (“the Principles”), to support the IMO’s goal to reduce shipping’s total annual greenhouse gas emissions by at least 50% by 2050. The Principles establish a way to assess and disclose whether financial institutions’ lending portfolios are in line with adopted climate goals. Ship financiers will implement them via internal policies, procedures and standards and will apply them in all credit ...

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Portuguese Shipping Company Pleads Guilty To Falsifying Oil Record Book and Obstruction

Today, Portline Bulk International S.A. pleaded guilty in federal court in Charleston, South Carolina, to one count of violating the Act to Prevent Pollution from Ships and one count of Obstruction. The charges stem from the falsification of the Oil Record Book onboard the M/V Achilleus, a Maltese-flagged ocean-going bulk carrier ship managed by Defendant Portline. From April 2017 to August 2018, senior members of the vessel’s engineering team oversaw and participated in the bypass of the ship’s Oil Water Separator utilizing a yellow plastic hose, referred to as a ...

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