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

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

The Court of Appeal has held that in the absence of clear words to the contrary, the holders of bills of lading will not be excluded from their liability to contribute to general average, where the peril suffered is already insured by the shipowner.

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. 

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.

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 agreement between R3 and E-TITLE has been dissolved, and the ownership of the system has reverted to E-Title Authority Ptd Ltd

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 Secro system

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

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

Global warming is one of the most severe and complex challenges our world faces today; there is an urgent need to reduce emission levels and avoid the most devastating impacts of climate change and every individual, business, and industry, including shipping, has a part to play.

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

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.

Members are often asked to accept letters of indemnity (LOIs) from their shippers or charterers in return for the delivery of cargo without presentation of original bills of lading, the delivery of cargo at a port other than that named in the bill of lading (or both) and in various other circumstances

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.

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

Whether Master, ​presented by Shippers with clean BL to sign, was provided with warranty that cargo shipped in good order and condition - Consideration of Article III rules 3 and 5 of the Hague Rules.

The Court took the opportunity to formally overturn a previous case, Naquin v. Elevating Boats L.L.C., 744 F.3d 927 (5th Cir. 2014) and its progeny, for its misinterpretation of the seaman status test, citing the UK Club’s Taylor Coley’s published academic work criticizing same.

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

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

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

In Adams v All Coast, No

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

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

The Crossing and Narrow Channel Rules; the Supreme Court has, for the first time in nearly 50 years, provided clarification on the construction of the International Regulations for Preventing Collisions at Sea 1972, as amended ("the Collision Regulations") for the purposes of applying the Crossing Rules (Rules 15-17).

This decision might be of interest to Members who may be involved in jurisdictional arguments in the context of limitation proceedings.

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.

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

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.

​Our Americas Members often deal with contracts of carriage subject to the US Carriage of Goods by Sea Act ("COGSA") and the Harter Act, this article addresses some frequently asked questions

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.

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.

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 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.

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.

​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.

The digital revolution gathers momentum, and almost every day there are new technological developments. This briefing looks at one of these developments; blockchain contracts, also known as 'smart contracts', the benefits as well as the legal issues that may arise under these contracts.

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

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

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.

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

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

We have recently seen many of our Members switching to electronic bills of lading ("eBLs") on some of their trades. The move towards a paperless trade is therefore gaining momentum. The Club is, however, still receiving many questions about eBLs and about the three eBL systems approved by the International Group of P&I Clubs, namely Bolero, essDOCS and e-titleTM. This Legal Briefing provides brief explanations on these three systems and how each of them works.

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.  

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 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 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

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

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

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

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.

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 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.  

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

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

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 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.

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.

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).

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

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

Practical Issues in The Pursuit and Defence of Cargo Claims

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.