We publish Newsletters, Circulars and Bulletins on general issues that impact the Chartering Market.
A landmark decision was handed down last week by the UK Supreme Court dealing with the question of burden of proof in the context of cargo damage and The Hague-Visby Rules. In short, a Carrier will not be able to avail itself of the defences and exceptions contained in the H-V Rules if, in addition to raising a prima facie…Read More »
Our correspondents in Singapore have released the below information concerning a recent territorial dispute in the Singapore and Johore Straits, between the littoral States of Singapore and Malaysia. Following the recent Malaysian Attorney General’s Chambers and the Malaysian Marine Department’s declaration of an alteration to the Port Limits for Johore Bahru Port, the MPA of Singapore has responded stating that…Read More »
Assureds are probably accustomed to working with different type of Dispute Resolution Clauses, some more sophisticated than others, all designed to agree on a specific law and jurisdiction that will govern any potential dispute that may arise under the relevant charterparty, Booking Note, COA or Bill of Lading. Like BIMCO, the LMAA now has its own arbitration clause which, from…Read More »
Further to yesterday’s update on the situation in Ukraine, we have received a follow-up status report from local correspondents DIAS which can be found below: “These days we are getting numerous questions from both the P&I Clubs and their Members concerning imposition of Martial Law in Ukraine. The experience tells me that we are going to get even more and…Read More »
Our correspondents in Ukraine, Messrs. DIAS, have sent us the below update following events of last Sunday when Russia captured three Ukrainian naval vessels and 23 crew members: After the attack of Ukrainian naval support vessels by Russian warships the situation is the following: Traffic through the Channel was resumed on 26.11.2018 at 04.00 a.m. Cargo vessels are not prohibited…Read More »
“The PACIFIC VOYAGER” – The Court of Appeal revisits the nature of Owners’ obligation to commence the approach voyage
Readers will recall our article following the Commercial Court ruling in October 2017 on a new point of law as to the obligation on an owner under a voyage charter to proceed with all convenience/utmost despatch to the load port by a certain time – Pacific-Voyager The case has now been heard in the Court of Appeal, as anticipated. Lord…Read More »
One of the main risks we look out for in the underwriting department when conducting a review of an Assured’s representative charter party, is that associated with the issue of Letters of Indemnity (LOIs.) Assureds may not fully appreciate the impact of LOIs on Club cover and in this article our Carlos Vazquez explains in more detail why they are…Read More »
Q&A: The International Maritime Organization's 2020 sulphur emission rules Circular 2018 003 The global sulphur cap is coming into force on 1 January 2020 following the amendments to Annex VI of the International Convention for the Prevention of Pollution of Ships (MARPOL). This requires marine vessels to consume fuels with a maximum sulphur content of 0.50% m/m against the current…Read More »
All the IG P&I Clubs have now issued a circular advising their members to amend their ICA clauses to make specific reference to the requirement to place counter security, in line with clause 9: “Cargo claims as between Owners and the Charterers shall be governed by, secured, apportioned and settled fully in accordance with the provisions of the Inter-Club New…Read More »
Our correspondents in Singapore, SPICA SERVICES, have provided the Club with the following update in relation to the recent earthquake and subsequent tsunami that hit Western Sulawesi, Indonesia with catastrophic consequences. SPICA will continue monitoring the situation as information becomes available and will update. Background Western Sulawesi was on 28 September 2018 struck by an earthquake soon to be followed…Read More »
2018 International Maritime Arbitration Practical Symposium – from the perspective of the Belt & Road Initiative It order to promote and develop the international arbitration community and strength the communications and contacts between mainland China, HK, London and Singapore, the 2018 arbitration forum was held in Qingdao on 15,16 Sept 2018. About 250 domestic and overseas guests including arbitrators,…Read More »
By Sian Morris, Deputy Claims Manager, London Office London Arbitration 18/18 A recent arbitration award brings welcome news for charterers in relation to the obligation to provide counter security to owners under the Interclub NYPE Agreement 2011 (“ICA 2011”.) Readers may recall that the ICA 2011 incorporated a new provision, which sought to create an entitlement to counter security upon…Read More »
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