BIMCO has published an Electronic Bill of Lading Standard for Bulk Shipping

This circular informs Members of the approval by the International Group of P&I Clubs (the Group) of the BRITC eBL system, provided by BRITC ETRADE SOLUTION Co., Ltd.

This circular informs Members of the approval by the International Group of P&I Clubs (the Group) of the trace:original system, provided by Enigio.

The Supreme Court has refused the disponent owners permission to appeal, and affirmed the decision of the Court of Appeal

Three years ago, the UK P&I Club issued a Legal Briefing[1] 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.  

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

The Club's guest authors, Jeremy M Joseph and Matthew Van Huizen of JOSEPH & PARTNERS, discuss the different limitation of liability regimes applicable to Peninsular Malaysia and to East Malaysia. 

Court of Appeal: cargo owners and shippers are liable to contribute to general average even if insured, unless bill of lading explicitly states otherwise.

The coming into force of the Electronic Trade Documents Act last week in the UK is a potentially transformational moment in the development of electronic bills of lading.

This circular confirms approval by the International Group of an updated version of the Secro Customer and User Agreement dated 16th March 2023 as well as use of the Secro Customer e-billls of lading in conjunction with the said User Agreement

This notice confirms approval by the International Group of the update to Secro Terms and Conditions. 

This circular informs Members of the approval by the International Group of P&I Clubs (the Group) of the eTEU eBL Platform.

The Electronic Trade Documents Act (“the Act”)  comes into force today in the United Kingdom, giving legal recognition in English law to electronic trade documents, including electronic bills of lading.

The Court of Appeal decision in Unicredit Bank AG v Euronav NV "The Sienna" [2023] EWCA Civ 417

The International Group (“IG”) Standard Form Letters of Indemnity (given in return for delivery of cargo without production of an original bill of lading and/or delivery of cargo at a port or place other than stated in the bill of lading) were last reviewed in 2010.

Global warming is one of the most severe and complex challenges our world faces today

Our Americas Members often deal with contracts of carriage subject to the US Carriage of Goods by Sea Act ("COGSA") and the Harter Act, here we address FAQ's.

Transport Canada has issued Ship Safety Bulletin (SSB) No

The IMO Marine Environmental Protection Committee (MEPC) held its 78th session (MEPC 78) remotely from June 6-10, 2022. This article summarises the outcomes from MEPC 78.

Following years of discussion and preparation, the German maritime law was amended in 2013

This circular informs Members of the approval by the International Group of P&I Clubs (the Group) of the Secro system

EssDOCS, Bolero International Ltd, E-Title Authority Pte Ltd, Global Share S.A

The 76th session of the IMO's Marine Environment Protection Committee (MEPC 76) was held remotely with a limited agenda from 10 to 17 June 2021

The E-TITLE electronic trading system is now owned by E-Title Authority Pte Ltd, following the dissolution of the agreement between R3 and E-TITLE.

This circular informs Members of the amendments to the TradeLens Rulebook and Service Description.

This circular informs Members of the approval by the International Group of P&I Clubs (the Group) of the IQAX eBL system.

​On 1 February 2021, the Singapore parliament passed the Electronic Transactions (Amendment) Bill2 which adopts the UNICTRAL Model Law on Electronic Transferable Records ("Model Law"), with certain modifications.

This circular informs Members of the approval by the International Group of P&I Clubs (the Group) of the TradeLens eBL system.

There has been a change in ownership of the E-TITLE electronic trading system and its underlying legal framework to software technology firm, R3; There has been a change in trading name of the E-TITLE electronic trading system to Corda eBL; Members are invited to take note of how the Corda eBL software will operate.

These FAQs should be read in conjunction with Circular 12/15. They respond to queries received by the Club regarding the use of paperless trading systems and electronic bills of lading, and any potential consequences for P&I cover.

A number of Members have contacted the Club with queries regarding the use of electronic bills of lading and any potential consequences for P&I cover

In many cases complications in cargo claims arise where there are disputes about which law and jurisdiction governs the contract of carriage

The UK Club's Correspondents in Brazil, Representacoes Proinde Ltda, have prepared the attached Practical Guidance on Cargo Claims in Brazil. This detailed guidance provides an explanation of the Brazilian legal system in Brazil, the country's regulatory framework, how cargo claims in Brazil are handled, the applicable time bars, etc..  Members who trade to Brazil will no doubt find this guidance very helpful.  If Members have any questions relating to the content of this guidance, please do not hesitate to get in touch with your usual contact at the Club, or to contact the Correspondents directly.

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.

The ICC Incoterms rules define the responsibilities of buyers and sellers for the delivery of goods under sales contracts, and determine how costs and risks are allocated between the parties.The ICC published Incoterms 2020 ("the rules") on 10 September and the terms will come into force on 1 January 2020.

Senior Claims Executive, Victoria Brown looks at a recent case that demonstrates recognition by the courts that the owners and operators of passenger ships are not liable for norovirus outbreaks provided they implement the industry standard procedures to prevent the outbreak of illness, and take the necessary measures to manage illness and bring it under control if infection does occur.

The Ministry of Shipping in India has issued the attached notification to announce that the above Act will come into force on 1st April 2018. 

The Philippines contributes around a third of the world's 1.2 million seafarers, so it is unsurprising that the People Claims team deal with a high number of illness and injury cases among Filipino crew.

In a recent decision, the Commercial Court held that a shipowner's refusal to approve two VLCCs which the charterer had nominated to perform STS transfer operations was unreasonable.

Court of Appeal clarifies warranty obligations in bill of lading disputes, the master's obligation to sign a bill of lading must be performed upon his own judgement

QLU Spring 2017:The risks of delivering cargo against Letters of Indemnity.

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.

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.

The UK Club has received the following update from Turkish lawyers, Ersoy Bilgehan, regarding ship recycling plans under the Hong Kong convention.

The Covid-19 pandemic and its impact on global trade has led to many shipowners selling off their ships for dismantling earlier than they might otherwise have done. According to the NGO Shipbreaking Platform, 166 ships were broken up in the first quarter of 2020, and 98 ships in the second quarter. 

The Japanese Maritime Law ("the law") was first codified as part of the Japanese Commercial Code ("the Code") in 1899, but for over a century, the law did not undergo any substantive or material amendments

The IMO announced that two new draft mandatory measures to cut the carbon intensity of existing ships have been agreed by its Working Group on Reduction of GHG Emissions from Ships

Hong Kong and China have agreed new measures to allow parties to an arbitration seated in one jurisdiction to attach assets in the other jurisdiction pending an award. This is an important extension to arbitration proceedings of measures previously restricted to litigants before Hong Kong and Chinese courts. It also reflects the increasing use of Hong Kong as a forum for arbitration.

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.

QCR Spring 2017: This case and the next serve as reminders to Members of the risks of delivering cargo against Letters of Indemnity.

The UK Supreme Court in its judgement issued on 10 November 2021 has upheld the lower Courts' judgments in this case confirming that a defective passage plan can render a vessel unseaworthy

The Court of Appeal has unanimously overturned the High Court decision in The Eternal Bliss [2021] EWCA Civ 1712.

The International Group has approved an updated version of essDOCS's electronic trading system.

Guidelines to support the use of ERBs were adopted by the Committee

In a press briefing dated 21 December 2020, the Secretary-General of the IMO spoke out against "no crew change" clauses in charterparties.

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. 

The UK hosted an international maritime virtual summit on 9 July on the impact of COVID-19 on crew changes, attended by 15 countries.

On 21 February, the English High Court in an unreported judgment of HARMONY INNOVATION SHIPPING v CARAVEL SHIPPING [2019] 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.  

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.

In Adams v All Coast, No

The crux of the issue in this case was that restroom on Jet Cat Express, passenger vessel owned and operated by Catalina, was too narrow for Plaintiff's wheelchair.

Equitable Compensation for Failure to Comply with Arbitration Clause; the Owners issued bills of lading (governed by English law) for the cargo which contained a law and jurisdiction clause providing that disputes arising under the bills of lading were to be determined in arbitration in London.

In the case of Addax Energy SA v MV Yasa H

Supreme Court: First major clarification in 50 years on interpretation of International Regulations for Preventing Collisions @ Sea 1972, specifically Crossing Rules

The English Commercial Court has ruled in favour of the defendant charterers in a demurrage dispute that examined the choice of route and care for cargo.

The 75th session of the IMO's Marine Environment Protection Committee (MEPC 75) took place remotely from 16 to 20 November

Global warming has increased the potential for commercial shipping as the Arctic ice progressively melts. Canada maintains that the Passage is part of its internal waters and that no right of innocent passage exists within it, whereas the United States of America believes the Passage is an international strait where the right of transit passage exists.

The Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 (The Admiralty Act) came into force in India on the 1st April 2018

Due to a spike in the number of Covid-19 cases in China linked to vessels arriving at Chinese ports following crew changes, the local Customs Authority has introduced enhanced procedures for testing crew members for Covid-19 when vessels call at Chinese ports

The Club would like to draw Members’ attention to the latest Circular No. 2010 (Updated): Prohibited Areas for Military Exercise in Bohai, Yellow Sea, East Sea and South Sea of China from Late August to the End of September, 2020

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.

On 5 August, 2020, the Supreme Court of India handed down its judgement in the case of The Chairman, Board of Trustees, Cochin Port Trust v M/S Arebee Star Maritime Agencies Pvt. Ltd. & Ors. 

On 11 September 2020, the IMO posted a Joint Statement by the United Nations Specialized Agencies calling on all Governments to immediately recognise seafarers as key workers and to take swift and effective action to eliminate obstacles to crew changes

The California Air Resources Board approved a new regulation designed to further reduce pollution from ocean-going vessels while docked at California’s busiest ports.

Part 2: Legal issues arising under the current unimodal transport Conventions

Violation of the California's Ocean-Going Vessel At Berth Regulations Results In almost $2m million settlement.

The case revolves around a nationwide blackout in Malta due to damage to an underwater power cable

Goodloe v Royal Caribbean Cruises (Number 19-14324) (11th Cir, 2021): US Eleventh Circuit applies Florida State Law which permits recovery of non-pecuniary damages.

The European Regulation on Ship Recycling ("ESRR") was adopted, and entered into force, on 20 November 2013

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.

Contracts in Indonesia - on 31st August 2015, in the case of PT Bangun Karya Pratama Lestari v Nine AM Ltd, the Indonesian Supreme Court handed down a decision that a contract not drafted in the Indonesian language is null and void.

The preparation of cargo holds for the next intended carriage is a critical operation which requires careful planning and execution; this article considers a number of legal issues which may arise, including terms commonly used in charterparties to describe the cleanliness of cargo holds, the consequences of failing to comply with such terms, potentially resulting in off-hire claims and damages, and the role of the independent surveyor.

The Convention on Limitation of Liability for Maritime Claims 1976 sets uniform rules relating to the limitation of liability for maritime 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. 

The new Civil Code of the People's Republic of China came into effect from 1st January, 2021, bringing in numerous changes to the rules governing civil disputes in China, those of particular relevance to Members are the changes to the rules relating to guarantees, which we consider in more detail below.

Supreme Court considers the POEA-SEC and rules that a seafarer's heirs are entitled to death benefits for work related illness even after term of employment.

On 14 July 2021 the European Commission adopted the EU's "Fit for 55" package which consists of a set of inter-connected proposals that will together deliver the EU's ambition of reducing its greenhouse gas ("GHG") emissions by at least 55% by 2030, compared to 1990 levels, and for the EU to become a climate neutral continent by 2050.

The Club would like to draw Members' attention to recent increases in fines for ship-source pollution under Greek Environmental Law. These increases, which are substantial, have been introduced via Presidential Decrees 113/2019 and 108/2019 to bring Greek environmental legislation in line with EU Directives 2005/35 and 2009/123.  

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).

Quarterly case review from the UK P&I Club indicates that single liability principle does not operate in a collision claim where the claim of one of the shipowners is time-barred.

QCR Autumn 2021: Cargo owners' obligations to set the temperature of a refrigerated container and to take delivery of a damaged cargo under the bill of lading terms.

The Club’s correspondents in Australia, HWL Ebsworth Lawyers, advise of an increase in fines for those polluting Australian waters.

Last week saw significant developments in the U.S. sanctions programs targeting Venezuela and Iran.

Practical Issues in The Pursuit and Defence of Cargo Claims

The Shanghai Maritime Safety Administration (MSA) issued updated interim guidelines governing the navigation, mooring, and operations of ships in the Shanghai port.

These Guiding Opinions will be of assistance to all Members trading to or from China, or who are currently involved in litigation proceedings in China. 

During the last few weeks, U.S. authorities have increased their focus on international shipping in a recent escalation of sanctions.