Turkey - Time Bars
18/04/2019
Under Turkish law, time bars and rights to lodge a claim with regards to Shipping law and maritime cases are regulated within the Turkish Commercial Code (TCC) and, regarding general disputes, within the Turkish Code of Obligations (TCO). The "general" provision under the TCO (art. 146) is that all claims are subject to a 10-year time bar, unless otherwise is stated under law.
Members whose trade involves Venezuela should be aware that OFAC has recently added to the SDN list four ship owning companies and nine vessels.
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).
Freehill, Hogan and Mahar have just issued the latest client alert on Venezuelan Sanctions
Increased Risk of Customs Fines in Dakar
29/03/2019
The UK Club have received the following update from local correspondents Budd Group, regarding an increased risk of customs fines received in Dakar.
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.
Lessons Learnt: Collision when Overtaking
20/03/2019
This was a collision claim brought by the Owners of "Arctic Bridge" against the Owners of "Tian E Zuo". As in any collision claim, the facts of the dispute are crucial to the court's findings but the facts of this case are particularly complex.
Carriage of goods by sea - Cargo rights under straight BL, salvor reward, transhipment costs, GA contribution if vessel is unseaworthy
Sixteenth Ocean GMBH & Co KG ("16th Ocean"), a subsidiary of the Islamic Republic of Iran Shipping Lines (IRISL), entered into a shipbuilding contract with Hyundai Heavy Industries Co Ltd (Hyundai) for the construction of a container carrier by Hyundai and its purchase by the IRISL subsidiary. 16th Ocean entered into a loan agreement with three lenders, including Societe Generale (SocGen), to finance the construction and the purchase of the vessel.
The disponent claimant, Shagang Shipping Co Ltd (Shagang), chartered the vessel Dong-A Astrea, to Grand China Shipping Co Ltd. Grand China's obligations under the charterparty were guaranteed by the defendant HNA Group Co Ltd ("HNA"). Grand China failed to comply with its obligations under the charterparty. It was in repudiatory breach, which breach was accepted by Shagang, and the charterparty was terminated in 2012.
Warner v SCAPA Flow Charters ( Scotland): Death of passenger on chartered vessel - When will the time bar be extended to three years under Athens Convention?
Excessive speed found to be causative of collision and severity of damage in Court of Appeal decision, reported by the Club in QCR Summer 2017 .
SWIFT MT700: Chinese manufacturer Yuchai Dongte seeks payment from non-bank defendant under letter of credit issued on 10 March 2014.
Measure of Damages and Sub-sale: Euro-Asian Oil SA and Abilo dispute fourth transaction involving sale of 20,000 mt ultra-low sulphur diesel (ULSD)
Shipowners' concerns at increasing piracy in West Africa and the kidnap for ransom threat were addressed by the Association at their seminar co-hosted with UK P&I in Athens on 7 March. Key themes of loss prevention and response were discussed with invited industry experts.
How Important Is Passage Planning?
12/03/2019
On 8 March, the English Admiralty Court in a judgment (ALIZE 1954 & CMA CGM SA v ALLIANZ ELEMENTAR VERSICHERUNGS AG AND OTHERS [2019] EWHC 481 (Admlty)) highlighted the utmost importance of careful passage planning by navigational officers on board vessels.
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.
Traffic restrictions at Venezuelan ports
27/02/2019
The UK Club have received the attached circular from correspondents GLOBALPANDI, regarding traffic restrictions in Venezuelan ports.
The UK Club have received the attached circular from local correspondents Huatai, regarding vessels making contact with fishing nets in Ningde waters in China.