People claims on container stowage are most prevalent at origin and destination, when the container is open
Recently, the Club has been seeing an uptick in matters related to discretionary fines stemming from National Oceanic and Atmospheric Administration (NOAA) violations.
The Greek Supreme Court has recently confirmed the principles for determining a limitation of liability
Our Americas Members often deal with contracts of carriage subject to the US Carriage of Goods by Sea Act ("COGSA") and the Harter Act, here we address FAQ's.
International legal framework for shipowner liability limitation established by 1976 Convention, aiming to harmonize rules among member states.
No Suit For You (Volume II)
03/11/2022
How a Jones Act seafarer was barred from suing a London-based P&I insurer directly.
When Charterers are on the hook
03/11/2022
Matthew Johnston explores three categories where charterers may face liability for a bodily injury incident and how those incidents might be handled.
Kristin Poling, Claims Executive, looks at the Eastern District of Louisiana's decision concerning an insurer's right to recoup maintenance and cure payments.
A Direct Order Can Cost in Court
03/11/2022
Can a crewmember who sustains an injury while following the orders of a supervisor be held responsible for their own negligence in carrying out those orders? Rosa Ostrom, Schwabe, Williamson & Wyatt, and Jennifer Porter, the UK P&I Club, wade through the various jurisdictional takes on the Direct Order doctrine.
In September last year, the Club issued an alert from the Club's correspondent, Spica Services WISMA PMI in which they highlighted the increasing incidents of detention of vessels anchored in waters off Bintan Island, Indonesia
The Supreme Court has refused the disponent owners permission to appeal, and affirmed the decision of the Court of Appeal
The Club's guest authors, Jeremy M Joseph and Matthew Van Huizen of JOSEPH & PARTNERS, discuss the different limitation of liability regimes applicable to Peninsular Malaysia and to East Malaysia.
On 22 June 2022, the European Parliament adopted a revised proposal for the EU Emissions Trading System (EU ETS).
Just two months after the Ocean Shipping Reform Act of 2022 was introduced into Congress (see our previous article here), the Federal Maritime Committee (FMC) Fact Finding Final Report #29, Effects of Covid-19 Pandemic on the U.S
In a recent decision on the CMA CGM Libra, the UK Supreme Court upheld the lower court's decision that defects in passage planning, could render a vessel unseaworthy.
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.
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