i-law

Maritime & Commercial

Maritime law in 2023: a review of developments in case law

https://static.i-law.com/ilawResponsive/prod/publications/Feb-2024/9/400da241-e1b3-4e3b-a337-6250d04df9e4-2023-Mar-Law-Review-thumb.jpg

This article summarises and explains some of the most important legal developments in maritime law, including the law of shipping contracts, general average and admiralty issues, in 2023. 
The scope of this analysis encompasses the common law jurisdictions of England and Wales as well as Singapore, Australia, India and Hong Kong SAR. Highlights include the decisions in Unicredit Bank AG v Euronav NV, Quadra Commodities SA v XL Insurance Co SE, The MSC Flaminia and Kuvera Resources Pte Ltd v JPMorgan Chase Bank NA, as well as an analysis of decisions on sanctions, sale of goods and trade issues.
https://www.i-law.com/ilaw/doc/view.htm?id=437638

Lloyd's Maritime and Commercial Law Quarterly

Celebrating 50 years of Lloyd’s Maritime and Commercial Law Quarterly

https://static.i-law.com/ilawResponsive/prod/publications/Feb-2024/19/5790c211-e704-4d9c-b9fb-fce9dee82ff3-LMCLQ__Feb24.jpg

The golden anniversary issue of LMCLQ Part 1 February 2024 is now available (access here). This issue celebrates 50 years of LMCLQ with Our golden anniversary—Then and now, written by the editor Professor Francis Rose.

Case commentary includes: the long running case of The Prestige; the ECJ case The Alexandros T; the Singapore case CZT v CZU; the Hong Kong case The Star Centurion; along with UK cases in the Court of Appeal (The Sienna), the Supreme Court (Mozambique v Privinvest Shipbuilding) and the Privy Council (FamilyMart v Ting Chuan). Key topics include: The Beatles (aka the fab four); Covid; electronic trade documents; house bills of lading; breaking the Hague-Visby Rules silence; pre-judgment interest; punitive damages; account of profits and causation; and unjust enrichment in APAC

 

LMCLQ is a quarterly journal published in February, May, August and November with an annual bound volume (2023 now available), additionally a Yearbook (IMCLY) is published in August.

New books available on Maritime & Commercial

Unmanned Ships and the Law

https://static.i-law.com/ilawResponsive/prod/publications/Dec-2023/14/8cf46e28-69fe-4cb3-86aa-eea7d3edf800-USL_1001.jpg

Unmanned Ships and the Law considers the law relating to the legal aspects of unmanned ships. This book examines both the legal aspects and technological peculiarities of unmanned ships, as well as contemplating terminological and linguistic questions, to find out whether they can be compatible with the current legal regime applicable to ships in general, while considering alternatives to enable their successful use in the near future.

Written by the late Prof. h.c. Dr. iur Bülent Sözer, Director of the Maritime Law Research Centre at Pîrî Reis University, İstanbul. He was Visiting Fellow at the Institute of International Shipping and Trade Law, Swansea University and a member of the International Working Group on “Marine Autonomous Surface Ships” for CMI (Comité Maritime International).

Ship Sale and Purchase, 7th Edition

https://static.i-law.com/ilawResponsive/prod/publications/Dec-2023/14/bfa8ed4a-8895-4e0d-aa37-a448f56fcf2a-SSP_1001.jpg

The seventh edition of Ship Sale and Purchase contains a detailed clause-by-clause analysis of SHIPSALE 22, the new standard form Memorandum of Agreement for ship sales and purchases published by BIMCO in 2022. This clause-by-clause analysis is supplemented by commentary on the corresponding provisions of the other leading standard forms used in the global shipping markets - SALEFORM 2012 (the latest version of the longstanding standard form produced by the Norwegian Shipbrokers' Association), SINGAPORE SHIP SALE FORM 2011 and NIPPONSALE 1999 - and the main differences between these forms and SHIPSALE 22.

This edition of Ship Sale and Purchase also contains a comprehensive description of the many ways in which standard form agreements may be modified, through amendments to the printed terms and the use of additional clauses, to suit the particular requirements of the parties to individual transactions. In addition, it analyses relevant decisions of the English courts and arbitration tribunals and explains the implications of these decisions for ship sale and purchase transactions.

To view the previous sixth edition click here.

Chinese Maritime and Commercial Law Reports

Volume 4 2023 now available

https://static.i-law.com/ilawResponsive/prod/publications/Dec-2023/22/cd36dabc-746e-4cef-8da6-464af7b02f00-thumb.jpg

Lloyd’s List Intelligence is the only publisher of the English language edition of Chinese Maritime and Commercial Law Reports. We are pleased to announce the publication of Volume 4 2023 on i-law.com.

 

Available now

London Arbitrations in Lloyd's Maritime Law Newsletter

https://static.i-law.com/ilawResponsive/prod/publications/Feb-2024/28/a850fd04-b074-4b5f-85a0-e83b37b578ac-LMN_1153-thumb.jpg

New London Arbitration content is now available in Lloyd's Maritime Law Newsletter, with thanks to the LMAA. 

The latest award summary features in issue 1153 of LMLN, (2024) 1153 LMLN 3. 

Charter under a booking note – Voyage not performed – Whether charterers' claim time-barred – Whether "any possible alleged claim" extended to claims not relating to breaches of obligations on the voyage and included any possible claim however framed – Whether "lawsuit" included arbitration.

London Arbitration 3/24

Maritime Law Search

Lloyd’s Shipping & Trade Law: latest content available

https://static.i-law.com/ilawResponsive/prod/publications/Sep-2023/26/e8ea65b8-9041-4585-9977-359e603dbc99-STL_2307thumb.jpg

The latest Lloyd’s Shipping & Trade Law includes Part II of the article “Contractual considerations relating to marine green fuels”, and two case commentaries.

The whole issue is now available to view here.

Available now

Maritime Risk International - latest issue

https://static.i-law.com/ilawResponsive/prod/publications/Dec-2023/22/d55362d0-04d6-43d1-90a3-45d7bd214483-MRI_3710_thumb.jpg

Maritime Risk International has been providing independent, expert opinions from leading industry practitioners, organisations and P&I Clubs since 1987. Our authors in key jurisdictions deliver global coverage of the important risk issues facing the maritime industry, so you can spot trends and developments that will affect businesses around the world.

The latest issue of Maritime Risk International is available here.

Lloyd's Law Reporter

THE LONDON STEAM-SHIP OWNERS' MUTUAL INSURANCE ASSOCIATION LTD V TRICO MARITIME (PVT) LTD AND OTHERS

Insurance (marine liability) – Jurisdiction – Cargo claimants proceeding before Sri Lanka courts – Marine liability policy containing arbitration clause and pay-to-be-paid clause – Anti-suit injunction
Online Published Date:  29 Apr 2024

ZURICH INSURANCE CO LTD (T/A NAVIGATORS AND GENERAL) AND OTHERS V HALCYON YACHT CHARTER LLP AND OTHERS (THE "BIG KAHUNA")

Admiralty – Limitation of liability – Convention on Limitation of Liability for Maritime Claims 1976 as amended – Merchant Shipping Act 1995, section 185 and Schedule 7
Online Published Date:  29 Apr 2024

MAERSK A/S V ALLIANZ SEGUROS Y REASEGUROS SA (C-345/22 AND C-347/22); MAPFRE ESPAÑA COMPAÑÍA DE SEGUROS Y REASEGUROS SA V MACS MARITIME CARRIER SHIPPING GMBH & CO (C-346/22)

Contracts (bills of lading) – Jurisdiction – Contract for the carriage of goods evidenced by a bill of lading – Jurisdiction clause incorporated in that bill of lading – Enforceability against the third-party holder of the bill of lading – Applicable law – National legislation requiring the individual and separate negotiation of the jurisdiction clause by the third-party holder of the bill of lading – Regulation (EU) No 1215/2012, article 25
Online Published Date:  29 Apr 2024

Lloyd's Law Reports

CZECH REPUBLIC v DIAG HUMAN SE AND ANOTHER

[2024] 1 Lloyd's Rep. 367
Arbitration – Investment arbitration – Appeal on jurisdictional grounds – Whether appeal precluded by failure to raise matters in arbitration – Whether matters were jurisdictional – Serious irregularity – Failure to deal with all points – Possibility of correction by tribunal – Arbitration Act 1996, sections 31, 57, 67, 68, 70 and 72.

UK P&I CLUB NV AND ANOTHER v REPUBLICA BOLIVARIANA DE VENEZUELA (THE "RCGS RESOLUTE")

[2024] 1 Lloyd's Rep. 417
Arbitration – Anti-suit injunction – Direct action against insurers by third-party state – Whether third-party state bound by arbitration clause – Whether anti-suit injunction could be granted against a state – State Immunity Act 1978, sections 1, 9 and 13 – European Convention on Human Rights, article 6.

DB v AUSTRIAN AIRLINES AG

[2024] 1 Lloyd's Rep 317
Aviation – Liability of air carriers for death or injury sustained by passengers – Meaning of “accident” – Bodily injuries aggravated by first aid administered following accident on board aircraft – Convention for the Unification of Certain Rules for International Carriage by Air 1999 (Montreal Convention), articles 17(1), 29 and 35.

Copyright © 2024 Maritime Insights & Intelligence Limited. Maritime Insights & Intelligence Limited is registered in England and Wales with company number 13831625 and address 5th Floor, 10 St Bride Street, London, EC4A 4AD, United Kingdom. Lloyd's List Intelligence is a trading name of Maritime Insights & Intelligence Limited.

Lloyd's is the registered trademark of the Society Incorporated by the Lloyd's Act 1871 by the name of Lloyd's.