QCR Winter 2021: CMA CGM LIBRA
19/11/2021
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
New PRC Civil Code: impact on guarantees
19/10/2021
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.
Cruise Line successfully sought injunctive relief from Florida's New COVID-19 Documentation Statute
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
US Fifth Circuit Court of Appeals affirmed lower court's findings that evidence didn't support allegation of breach by the Defendant vessel owners of Scindia duties.
White House Makes Enforcement of Rule Against Unjust Detention and demurrage Practices a Priority
02/08/2021
The new order enables the FMC to "vigorously enforce the prohibition of unjust and unreasonable practices in the context of detention and demurrage pursuant to the Shipping Act, as clarified in "Interpretive Rule on Demurrage and Detention Under the Shipping Act," 85 Fed
The UK P&I Club teamed up with Blank Rome and Peacock Piper, to discuss current environmental and compliance trends both on a Federal and State level for California.
The new Environment Examination Regulation number 31509 dated 12 June 2021 was published and contained inspection information, and does not contain any increase on fine amount, thus the Pollution tariff 2021 is still valid.
The UK Club's local correspondent has informed the Club of China's revised maritime traffic safety law, which will come into effect on September 1st 2021.
QCR Spring 2021: Argos Pereira España SL and another v Athenian Marine Ltd [2021] EWHC 554 (Comm)
19/04/2021
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.
Supreme Court: First major clarification in 50 years on interpretation of International Regulations for Preventing Collisions @ Sea 1972, specifically Crossing Rules
In Adams v All Coast, No
In the case of Addax Energy SA v MV Yasa H
Violation of the California's Ocean-Going Vessel At Berth Regulations Results In almost $2m million settlement.
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.
UAE ratifies the 1996 Protocol to LLMC 1976
02/03/2021
On 10 November 2020, the UAE ratified the 1996 Protocol by virtue of the Federal Decree number 167 of 2020; the Protocol has entered into force for the United Arab Emirates on 23 May 2021.
This article examines the global environmental protection regulations for the ocean, the efforts and trends of the shipping industry in relation to the dumping of damaged cargo at sea, and Japan's response to these issues.
China's "New" Export Control Law
30/12/2020
On 17 October 2020, the Standing Committee of China's National People's Congress (SCNPC) passed the Export Control Law of the People's Republic of China (the "ECL") and the same entered into force on 1st December 2020
The New Japanese Maritime Law
10/12/2020
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