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.
BIMCO has developed and published an eBL Standard for the bulk shipping sector to establish common industry standards for e-BLs
The Supreme Court has refused the disponent owners permission to appeal, and affirmed the decision of the Court of Appeal
Transport Canada has issued Ship Safety Bulletin (SSB) No
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.
The IMO Marine Environmental Protection Committee (MEPC) held its 78th session (MEPC 78) remotely from June 6-10, 2022. This article summarises the outcomes from MEPC 78.
Herculito Maritime Limited & others v Gunvor International BV & others (The "Polar") - Court of Appeal  EWCA Civ 1828
Court of Appeal: cargo owners and shippers are liable to contribute to general average even if insured, unless bill of lading explicitly states otherwise.
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.
The 76th session of the IMO's Marine Environment Protection Committee (MEPC 76) was held remotely with a limited agenda from 10 to 17 June 2021
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)
The case revolves around a nationwide blackout in Malta due to damage to an underwater power cable
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
Supreme Court: First major clarification in 50 years on interpretation of International Regulations for Preventing Collisions @ Sea 1972, specifically Crossing Rules
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 restroom on Jet Cat Express, passenger vessel owned and operated by Catalina, was too narrow for Plaintiff's wheelchair.