The Convention on Limitation of Liability for Maritime Claims 1976 (the “Convention”) sets uniform rules relating to the limitation of liability for maritime claims. At the same time, the Convention is not a complete “code”.
The Poseidon Principles, launched in New York on 18 June 2019, is an agreement reached between the finance sector and the shipping industry to integrate the IMO’s policies on climate change into ship finance decision making processes. They apply globally and, specifically, signatories to the Principles have to ensure that their ship finance portfolios are aligned with the targets set out in the IMO’s Initial Green House Gas (“GHG”) Strategy introduced in April 2018. It is hoped that making access to finances conditional upon compliance with the IMO’s GHG Strategy will encourage ‘greener’ ships in the industry.
On 27th April 2020, the English High Court (Mr Justice Teare) gave guidance on the requirements imposed by International Group LOI wordings and the position of intermediate parties in an LOI chain, in circumstances where an LOI is given to enable cargo to be delivered without production of the original Bill of Lading.
In Part I of this article, the authors introduced the three new eBL providers whose blockchain based systems were recently approved by the International Group (IG), and provided an overview on how their systems work. Here in Part II, we take a look at the recent products and initiatives of Bolero and essDOCS, two of the first generation eBL providers. We also take a look at cyber risks again and at whether the paper BL, as a tool, is still fit for purpose in today’s international trade.
Three years ago, the UK P&I Club issued a Legal Briefing on Electronic Bills of Lading (eBLs) in which we tried to de-mystify the concept of the eBL, by providing an insight into how the systems of the three eBL providers approved by the International Group of P&I Clubs (the “IG”) at the time, namely Bolero, essDOCS and e-Title™, work. We explained the legal principles relied upon by these providers to enable their eBLs to replicate the essential functions of a paper BL. We also tried to put cyber risks in context by explaining that these risks are risks associated with the general use of computers in our businesses, and are not risks specific to the use of eBLs.
The coronavirus outbreak is causing concerns for the cruise industry, but this is of course not the first time the industry has been faced with a breakout of a viral infection onboard. Members may find our Victoria Brown’s 2015 article, “People Claims - Norovirus on board” in which she discussed the Judge’s decision in Nolan -v- TUI UK Ltd (2015), of particular interest.
This Legal Briefing will look at some questions Members may have relating to these two regulations as 8 September 2019 approaches, and end with brief guidance on P&I Club cover for claims arising out of breaches of these BWM regulations.
Part 2: Legal issues arising under the current unimodal transport Conventions In Part 1: Introduction and background of this article, we provided an overview of the international Conventions applicable to the multimodal trade. We shall now look at some issues which the current unimodal Conventions give rise to. In this discussion, we will be focussing only on the maritime Conventions.
Practical Issues in The Pursuit and Defence of Cargo Claims
The UK Club routinely advises Members on the implications of proposed carriage of cargo on deck. The Club usually advises on both the contractual aspects, i.e. risk allocation under the Bills of Lading and Charterparties, as well as from a loss prevention/ or practical perspective. Carriage of cargo on deck exposes the cargo to a variety of extra risks from the elements, such as sea-spray and wind, as well as the potential risk of being washed off or falling overboard due to bad weather conditions or inadequate lashing/stabilising. Depending on the cargo, there may also be issues with the stability of the vessel itself, for example, the carriage of wing blades on top of hatch covers.