California recently amended its state workers compensation laws to create a rebuttable presumption that COVID-19 injuries arise out of an employment relationship and are compensable
U.S. sanctions update
25/06/2020
During the last few weeks, U.S. authorities have increased their focus on international shipping in a recent escalation of sanctions.
Legal updates from Hai Tong & Partners
04/05/2020
Contracts in Indonesia - Update
12/12/2019
The Club would like to issue the following update regarding Contracts in Indonesia.
In Part 1 of this article, Introduction and background, we provided an overview of the international Conventions applicable to the multimodal trade. This was followed by Part 2, in which we looked at the legal issues under the current unimodal Conventions system.
Part 2: Legal issues arising under the current unimodal transport Conventions
The multimodal transportation of goods is inherently complex. This complexity is further complicated by the absence of internationally accepted rules governing the multimodal trade. While the shipowner is often the carrier or multimodal transport operator(MTO) under the multimodal transport contract, the rules applicable to the liability of the shipowner are embodied in a mosaic of International Conventions relating to the carriage of goods by sea, by air and by road.
Today, more and more jurisdictions are either mandating or encouraging parties in dispute to make attempts to resolve their disputes through alternative dispute resolution forums before commencing proceedings in court.
How Important Is Passage Planning?
12/03/2019
On 8 March, the English Admiralty Court in a judgment (ALIZE 1954 & CMA CGM SA v ALLIANZ ELEMENTAR VERSICHERUNGS AG AND OTHERS [2019] EWHC 481 (Admlty)) highlighted the utmost importance of careful passage planning by navigational officers on board vessels.
Fundamental dishonesty - A new regime
07/04/2016
From 13th April 2015, the Courts and Criminal Justice Act 2015 ("the Act") provided Defendants with the possibility of striking out a personal injury claim on the basis of fundamental dishonesty. This was a significant development in the ways open to Defendants of fighting back against fraudulent claims.
Troubling news for cruise line operators with the groundbreaking Franza ruling. Jana Byron explains what happened.
The Chinese Supreme People's Court recently issued an important direction on the practice and procedure to be adopted by regional courts in ship arrests and judicial sale. The Judicial Interpretation for Ship Arrest and Judicial Sale of 28th February, 2015 (the "Interpretation") became immediately effective on 1st March.
Enforcement of Guarantees in China
23/10/2014
Marc Jackson reviews the problematic issues of enforcing guarantees provided by Chinese guarantors in China.
In a decision that will provide reassurance to the tanker transhipment trade, the Court of Appeal ([2014] EWCA Civ 713) has considered the issue of whether Owners had acted unreasonably in withholding their consent for the use of two nominated VLCCs in a Ship to Ship (STS) transfer of crude oil from another VLCC at the port of Pasir Gudang.
New Iran Sanctions Legislation Bill
01/08/2012
The House and Senate conferees have come to an agreement regarding new Iran sanctions legislation
Australia toughens pollution laws
01/12/2011
Last week the Australian government passed a bill extending penalty provisions for pollution incidents in their waters. As well as expanding existing offence and civil penalty provisions in the Navigation Act 1912 (Navigation Act) and the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 (PPS Act). The amendments include new provisions that are expected to take effect from the 18th December 2011.
The Bribery Act 2010
03/11/2011
The UK's Bribery Act 2010 (the "Act") came into force on 1 July 2011 and introduces a new set of criminal offences for bribery.
The Effect of Insolvency on a Charterparty
03/11/2011
The insolvency of a party, the commencement of insolvency-related proceedings or the appointment of liquidators or receivers will not on its own amount to a repudiation or a renunciation of a contract subject to English law (see for example Re Agra Bank (1867) LR 5 Eq 160).