These Guiding Opinions will be of assistance to all Members trading to or from China, or who are currently involved in litigation proceedings in China.
Hard copies of the book will only be mailed out to Members who have ordered a copy. If you would like to order a printed version of either the 2020 Rules or the 2020 Correspondents books you can do sohere.
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.
Hong Kong and China have agreed new measures to allow parties to an arbitration seated in one jurisdiction to attach assets in the other jurisdiction pending an award. This is an important extension to arbitration proceedings of measures previously restricted to litigants before Hong Kong and Chinese courts. It also reflects the increasing use of Hong Kong as a forum for arbitration.
A US seaman sued his employer/vessel owner for injuries suffered on board a dredge vessel, alleging various claims which included negligence under the US Jones Act
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.
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.
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.
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.
China ECAs - Members are reminded that from 1 January, 2019, all seagoing ships sailing in Chinese territorial waters will need to use fuel with a sulphur content of no higher than 0.5% m/m
We want to bring to the Member's attention an important clarification of an operators duty, following on from the decision in the case of Jennings – v TUI Cruises, in respect of which we posted a legal update on 7th February 2018. That decision was cemented by a recent successful application for summary judgment, in the case of Dr Sucheta Mahapatra – v – TUI UK Ltd.
Members’ attention is drawn to an Advisory to the Maritime Petroleum Shipping Community issued by the U.S. Department of the Treasury’s Office of Foreign Asset Control (“OFAC”) on November 20, 2018 setting forth a strong warning against transporting petroleum to the Syrian Government. This Advisory has been received from U.S. Lawyers, Freehill, Hogan and Mahar.
