New PRC Civil Code: impact on guarantees
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.
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: “KAIJIHO KENKYU KAISHI” - Tokyo District Court Judgment: 2018 (Wa) No. 26723 and No. 28332 Maritime Law Review1 (The Japan Shipping Exchange, Inc.) 2021.5 (No.251) P71-P80
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.
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.
QCR Summer 2021: Enemalta Plc V The Standard Club Asia Ltd (THE “DI MATTEO”)  EWHC 1215 (Comm)
This decision might be of interest to Members who may be involved in jurisdictional arguments in the context of limitation proceedings.
QCR Spring 2021: Argos Pereira España SL and another v Athenian Marine Ltd  EWHC 554 (Comm)
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.
QCR Spring 2021: Evergreen Marine (UK) Limited v. Nautical Challenge Ltd (Ever Smart c/w Alexandra I)  UKSC 6
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).
Hold Cleaning: the legal issues
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.
In Adams v All Coast, No.
In the case of Addax Energy SA v MV Yasa H.
QCR Spring 2021: Lopez v. Catalina Channel Express, Inc. - US Ninth Circuit Requires Availability of Alternative Methods for Restroom Accommodations under the Americans with Disabilities Act
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.
Violation of the California’s Ocean-Going Vessel At Berth Regulations Results In almost $2m million settlement.
In a press briefing dated 21 December 2020, the Secretary-General of the IMO spoke out against “no crew change” clauses in charterparties.
On 11 September 2020, the IMO posted a Joint Statement by the United Nations Specialized Agencies calling on all Governments to immediately recognise seafarers as key workers and to take swift and effective action to eliminate obstacles to crew changes.
IG Letters of Indemnity
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.