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.
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.
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).
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.
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.
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.
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.
The California Air Resources Board approved a new regulation designed to further reduce pollution from ocean-going vessels while docked at California’s busiest ports.
On 5 August, 2020, the Supreme Court of India handed down its judgement in the case of The Chairman, Board of Trustees, Cochin Port Trust v M/S Arebee Star Maritime Agencies Pvt. Ltd. & Ors.
The Club would like to draw Members’ attention to the latest Circular No. 2010 (Updated): Prohibited Areas for Military Exercise in Bohai, Yellow Sea, East Sea and South Sea of China from Late August to the End of September, 2020
Due to a spike in the number of Covid-19 cases in China linked to vessels arriving at Chinese ports following crew changes, the local Customs Authority has introduced enhanced procedures for testing crew members for Covid-19 when vessels call at Chinese ports.
