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 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.

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.

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

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.

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.

​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 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 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.

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

Like some other countries, the United States is a federal jurisdiction consisting of a national government and fifty states.  Maritime law is almost exclusively federal statutory or judge-made law but state law is also relevant in certain respects.

Time Bars (TB) is the period of time allowed for filling a claim to court for the protection of civil rights or interests (art. 256 Civil Code of Ukraine).

UAE Maritime Code 1981

The time bars are defined under Article 149 of the Civil Code 2015 (to become effective from 01 January 2017) that time bar means a time-limit provided by law where, upon its expiry, a legal consequence arises as prescribed by law.

As a civil law country, the general provisions of prescription are provided by the Civil and Commercial Code ("the Code") in its Book I, Title IV, Chapters I and II which came into force in 1923 and was subsequently amended in 1925 and 1992. In principle, the period of prescription begins to run from the moment when the claim can be enforced. If the claim is for forbearance, prescription begins to run from the moment when the right is first infringed (Section 193/12 of the Code).

As commerce, including international commerce, starts to grow in Myanmar, there will be many cases in which a contract gives rise to a dispute between the parties to it. The question whether a Myanmar Court will or should adjudicate a contract dispute but if it does adjudicate, the rules which tell it whether to apply the domestic law of Myanmar, or the Myanmar rules of private international.

In Malaysia, the principal act of limitation is set out in the Limitation Act 1953 ("the Act") basically based on the English Limitation Act 1939 which was since then replaced with the Limitation Act 1980. The Act prescribes different period of limitation depending on different types of causes of action that arise. The Act cautions that nothing therein shall operate as a bar to any action or proceedings unless expressly pleaded.

As such in Indonesia, the law does not specify when the limitation periods begin. However, in practice, the period starts when the right to make the claim first arises. However, there is no specific maritime law/Act in Indonesia but there are few provisions in regard to the time bars/limitation as per Indonesian Commercial Code.