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.
Guidelines to support the use of ERBs were adopted by the Committee.
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
Following years of discussion and preparation, the German maritime law was amended in 2013.
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.