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.
Helen Huang – Senior Claims Executive from Thomas Miller’s Hong Kong office provides an introduction to China’s marine oil pollution laws with a discussion on the relevant International Conventions, China’s domestic laws and Ship Pollution Response Organisations (SPROs).
On 11 March 2019. the US Coast Guard issued a bulletin stating that it has reconsidered its previous interpretation of ‘next scheduled drydocking’ with respect to ballast water management system (BWMS) compliance dates.
On 21 February, the English High Court in an unreported judgment of HARMONY INNOVATION SHIPPING v CARAVEL SHIPPING  2 WLUK 370 ordered charterers to provide security for the release of a ship under an LOI given to enable cargo to be delivered without production of the original bills of lading.
New articles have recently been added to the Turkish Commercial Code making it compulsory for parties to refer their commercial disputes to mediation before commencing proceedings in court.
The European Regulation on Ship Recycling (“ESRR”) was adopted, and entered into force, on 20 November 2013. The Regulation however provides that EU flagged ships would have to have an Inventory of Hazardous Materials (“IHM”); be surveyed; be certificated; and ships destined for recycling, be recycled in accordance with the new Regulation, from the earlier of; (a) six months after the European List of approved yards reaches a combined capacity of 2.5 million LDT2; or (b) the end of December 2018.
China ECA: Shanghai MSA publishes revised interim Guidelines on the Supervision and Administration of Ships Navigating, Mooring and Operating in the port of Shanghai As from 1 October 2018, ships...
The Admiralty Act has been a much awaited legislation to codify the rules and practices relating to enforcement of Maritime Claims and Liens, and arrests, in India.