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.
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.
Court of Appeal: cargo owners and shippers are liable to contribute to general average even if insured, unless bill of lading explicitly states otherwise.
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: 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.
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.
Supreme Court: First major clarification in 50 years on interpretation of International Regulations for Preventing Collisions @ Sea 1972, specifically Crossing Rules
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 restroom on Jet Cat Express, passenger vessel owned and operated by Catalina, was too narrow for Plaintiff's wheelchair.
