Legal Briefing: IMO Ballast Water Management - The lay of the land as September 2019 approaches
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.
Part 2: Legal issues arising under the current unimodal transport Conventions
Carrying Deck Cargo - at whose risk?
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.
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).
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.
On 21 February, the English High Court in an unreported judgment of HARMONY INNOVATION SHIPPING v CARAVEL SHIPPING  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.
Legal Article: Turkey – Compulsory mediation for resolving commercial disputes as of 1 January 2019
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.
The European Regulation on Ship Recycling (“ESRR”) was adopted, and entered into force, on 20 November 2013.
Legal Article: India - Admiralty (Jurisdiction & Settlement of Maritime Claims) Act, 2017
The Admiralty Act has been a much awaited legislation to codify the rules and practices relating to enforcement of Maritime Claims and Liens, and arrests, in India.