Introduction In the recent case of Trafigura v Navigazone Montanari, the Commercial Court was asked to decide whether, on its true construction,  an amended Trafigura In-Transit Loss clause (the “ITL Clause”) (as inserted into a Bee...

China’s Ministry of Commerce (“MOFCOM”) has refused approval for the proposed P3 joint venture between shipping companies Maersk Line, Mediterranean Shipping Company (“MSC”) and CMA CGM (“the Companies”). &n...

In Firodi Shipping Ltd v. Griffon Shipping LLC (“The Griffon”) the Court of Appeal considered the decision of Teare J. reported in [2013] EWHC 593 (Comm). For our e-briefing article on Teare J’s decision in the Commercial Court,

In Griffon Shipping LLC v. Firodi Shipping Ltd (The Griffon) Teare J considered, in the context of clause 13 of the standard form Norwegian Sale Form (“NSF”) 1993, where a buyer fails to pay the deposit under a memorandum of agreement, w...

The Commercial Court was asked to consider whether a cargo of LNG could be a cargo injurious to the Vessel. The Facts By way of a Time-Charterparty dated 3 January 2011 AOM chartered the LNG Gemini (the “Vessel”) to Golar Commodities Ltd...

As the shipping community is truly internationally based, issues can often arise when a formal claim is issued in the English High Court that then has to be served outside the UK jurisdiction.  For example, if a dispute arises between a ship ow...

The changes to the Brussels Regulations apply to civil and commercial proceedings commenced on or after 10 January 2015 and are applicable in all 28 EU Member States. The Regulations determine the jurisdiction of commencement of litigation in Courts...

Synopsis Pursuant to a contract of sale (the “Contract”) the respondent seller (the “Seller”) agreed to build and sell to the claimant buyer (the “Buyer”) a 9,400 dwt chemical tanker, the Delivery Date (as defined...

Laporte v Commissioner of Police of the Metropolis [2015] EWHC 371 (QB); [2015] 3 Costs L.R. 471 In this case, the Court considered the extent to which a refusal to engage with alternative dispute resolution ("ADR"), (in this case med...

Reviewing the notification requirements in the InterClub Agreement in the wake of Ipsos S.A. v Dentsu Aegis Network Limited (previously Aegis Group plc) [2015] EWCH 1171 (Comm) The Background The recent decision in Ipsos S.A. v Dentsu Aegis Network ...

The Supreme Court’s decision in Zurich Insurance PLC UK Branch v International Energy Group Limited provides some clarity to the position of Clubs who face long-tail work related illness claims where multiple employers or insurers were involve...

(1) PST Energy 7 Shipping LLC and (2) Product Shipping and Trading S.A. v (1) OW Bunker Malta Limited and (2) ING Bank N.V. [2015] EWHC 2022 (Comm) In a well-publicised case, the High Court has ruled that shipowners are obliged to pay OW entities un...

In the recent case of ‘Avonwick Holdings Ltd v Webinvest Ltd and another’ [2014] EWCA Civ 1436, the Court considered whether or not correspondence marked “Without Prejudice and Subject to Contract” should be admitted in evid...

Bunge SA v Nidera BV [2015] UKSC 43 This case was first brought to the attention of the Commercial Court in June 2013, when an appeal on the ruling of the first arbitral panel was sought by the Claimant, Bunge SA (“Bunge”). The matter at...

The Court of Appeal’s decision in The South West Strategic Health Authority v Bay Island Voyages [2015] EWCA Civ 708 provides guidance on the application of the Athens Convention 1974 in contribution claims against carriers. The Facts On 26 Au...

The buzzword for the post-Brexit landscape both in Europe and further afield is ‘uncertainty’. No-one really knows the long term effect that Brexit will have on local and global economies. However, as the dust settles following the ...

Background In Compania Sud Americana de Vapores SA (“CSAV”) v. Hin-Pro International Logistics Ltd (“Hin-Pro”)1 the Court of Appeal considered the decision of Cooke J reported in [2014] EWHC 3632 (Comm). The central question ...

A new set of rules, the York Antwerp Rules 2016 (the “YAR 2016”) has been adopted by the Comité Maritime International.  They are based on the previous versions of the York Antwerp Rules (the “YAR”) with some nota...

Anzen Limited & Another v Hermes One Limited In the case of Anzen Limited v Hermes One Limited [2016] UKPC 1, the Privy Council considered the use of permissive language in an arbitration clause.  Specifically, the Council considered what o...

It is becoming increasingly common for a buyer to engage a third party service provider to supervise the construction of a new vessel on its behalf. However to date there has been no standard form contract upon which the buyer and supervisor could b...

Introduction It is always important to establish whether or not communications with the opposing party in a dispute are truly without prejudice (“WP”). If a communication is deemed not to be protected by WP privilege, a party exposes the...

On 12 August this year, the Insurance Act 2015 will introduce the most significant changes to insurance law in 110 years – how will it affect the shipping industry? The Act applies to all insurance policies taken out by businesses which are subject ...

The Foreign Limitation Periods Act 1984 (the “Act”) sets out the procedure to be followed when a claim is proceeding in the courts of England and Wales and the laws of any other country apply. Given the international nature of the shipping industry,...

On 6 April 2016, BIMCO and the International Group of Liquified Natural Gas (“LNG”) Importers (“GIIGNL”) jointly issued a standard form voyage charterparty designed for use in the LNG trade. Its introduction is said to be spe...

Reviewing the law and the impact on it of both the arguments in the Anna Bo [2015] 2 Lloyd’s Rep 578 and the Congenbill 2016 form The issue Bills of lading often include wording which purports to incorporate charterparty terms. Attempts to inc...

Suez Fortune Investments Ltd and another v Talbot Underwriting Ltd [2016] EWHC 1085 (Comm) Introduction On the 15 January 2015, the English Commercial Court handed down a decision that highlights the importance of compliance with disclosure obligati...

In this case, the Court of Appeal provided a long awaited decision answering whether a charterer’s failure to pay an instalment of hire punctually is a breach of condition under a time charterparty thus enabling the shipowner to terminate the ...

Your weekly selection of awesome robot videos

From Fair Isle to German Bight, Charlie Connelly has visited all 31 sea areas, but still finds the poetry of the daily radio odyssey mesmerising

The shipping forecast is probably the closest thing we have in the modern age to a national epic. The institution’s rhythms and rituals have changed little since it was first broadcast on New Year’s Day 1924: there is poetry in the daily litany and mystery in its terminology. “The radio’s prayer,” Carol Ann Duffy called it. For Seamus Heaney it was “a sibilant penumbra”.

The forecast reminds us we’re a maritime nation and its map binds us to our continent, covering not only our own coasts and waters but an area extending from Norway to Portugal to Iceland. There is democracy in its geography, where tiny Fair Isle carries as much heft as mighty Biscay while Lundy, a sliver of rock in the Bristol Channel, is equal in importance to the Irish Sea. And from the salty old seadog in his brine-encrusted fishing boat to the merchant banker on his yacht, the shipping forecast, all seafarers are equally reliant on it.

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A former high-level shipping executive was sentenced today to serve 48 months in jail and to pay a $20,000 criminal fine for his role in an antitrust conspiracy involving the transportation of goods to and from the continental United States and Puerto Rico by ocean vessel. This is the longest jail sentence ever imposed for a single antitrust charge.

APL Limited has agreed to pay the government $26.3 million to resolve allegations that it submitted false claims to the United States in connection with contracts to transport cargo in shipping containers to support U.S. troops in Iraq and Afghanistan.

A federal grand jury in Newark, N.J., has returned an eight-count indictment charging a Liberian company that manages an oceangoing bulk carrier vessel, M/V Myron N, along with the ship’s chief engineer and second engineer for covering up discharges of oil-contaminated waste at sea.

The United States has filed a lawsuit to block KV Pharmaceutical Company, its subsidiaries, ETHEX Corp. and Ther-Rx Corp., and its principal officers from making and distributing adulterated and unapproved drugs. At the same time, KV agreed to the injunction in a consent decree.

Holy House Shipping AB, a Swedish corporation, was sentenced today in U.S. District Court in Camden, N.J., to pay a $1 million fine, a special assessment of $400,000 in community service payments and serve three years of probation for failing to maintain an accurate oil record book in an attempt to conceal illegal discharges of oil-contaminated waste directly into the ocean from one of its ships.

A Liberian-incorporated shipping company pleaded guilty today in federal court in Trenton, N.J., to failing to keep accurate oily water discharge records and using falsified records to conceal the discharge at sea of untreated bilge from one of its cargo ships.

Polembros Shipping LTD pleaded guilty today for violating anti-pollution laws, ship safety laws, and making false statements during a U.S. Coast Guard investigation of the M/V Theotokos.

Polembros Shipping LTD., a ship management company headquartered in Greece, was sentenced today in federal court in New Orleans to pay a $2.7 million criminal fine for violating anti-pollution laws, ship safety laws, and making false statements during a U.S. Coast Guard investigation of the M/V Theotokos, the Justice Department announced.

Fleet Management Ltd. was ordered to pay $10 million today for its role in causing the Cosco Busan oil discharge and a subsequent cover-up after the ship struck the San Francisco Bay Bridge in November 2007.

Atlas Ship Management Ltd., a Turkish Corporation, pleaded guilty in U.S. District Court in Tampa, Fla. to federal charges of making false statements and knowingly failing to accurately maintain an Oil Record Book as required by international treaty and U.S. law.

Cardiff Marine Inc, a Liberian-registered shipping company, was sentenced today in federal court in Baltimore after pleading guilty to a felony violation of the Act to Prevent Pollution from Ships.

Koo’s Shipping Company S.A., a Taiwanese corporation, pleaded guilty in federal court to charges of making false statements, knowingly failing to fully and accurately maintain an oil record book as required by international treaty and U.S. law, and for knowingly discharging oily bilge waste into Pago Pago Harbor, American Samoa, without using proper pollution prevention equipment.

Four corporations involved in owning and operating a fleet of vessels regularly visiting New Orleans pleaded guilty today and agreed to pay a $1 million penalty and be banned from doing business in the United States for the next five years under the terms of a proposed plea agreement.

Four corporations involved in owning and operating a fleet of vessels regularly visiting New Orleans were today sentenced to pay a $1 million penalty and banned from doing business in the United States for the next five years by Judge Carl J. Barbier.

Epps Shipping Company, a Liberian corporation doing business out of Carolina, Puerto Rico, was sentenced in federal court for violating the Act to Prevent Pollution from Ships (APPS) and making false statements to U.S. Coast Guard inspectors.

Uniteam Marine Shipping GmbH, a German corporation, was sentenced in federal court in San Juan, Puerto Rico, for violating the Act to Prevent Pollution from Ships (APPS) and making false statements to the U.S. Coast Guard.

Ilios Shipping Company S.A., pleaded guilty in federal court in New Orleans for violating the Act to Prevent Pollution from Ships (APPS) and obstruction of justice, announced Assistant Attorney General Ignacia S. Moreno and U.S. Attorney Jim Letten.

Maersk Line Limited has agreed to pay the government $31.9 million to resolve allegations that it submitted false claims to the United States in connection with contracts to transport cargo in shipping containers to support U.S. troops in Afghanistan and Iraq.

Keoje Marine was sentenced to pay a $1.15 million criminal penalty, $250,000 of which will go to the National Fish and Wildlife Foundation as a community service payment for projects aimed at protecting and restoring marine resources in the District of Hawaii.

Two corporations pleaded guilty today in separate hearings in Baltimore for their role in managing and owning a ship engaged in deliberate discharges of waste oil and plastic garbage.