i-law

Maritime & Commercial

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

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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

Lloyd’s Maritime and Commercial Law Quarterly (LMCLQ) Part 2 May 2024

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LMCLQ Part 2 May 2024 is now available (access here).

Part 2 includes commentary on The Eco Spark, a Singapore case on whether an offshore fish farm was a stationary ship; and Siemens Energy v PDVSA a US case involving avoidance of a contract due to sanctions. Key topics include: apportionment of liability; Braganza and Wednesbury; letters of credit and the negligence exception; along with unjust enrichment in Australia and reviews of The Laws of Restitution and Equity Today.

 

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

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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

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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

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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

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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

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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

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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

CELESTIAL AVIATION SERVICES LTD V UNICREDIT BANK GMBH, LONDON BRANCH (FORMERLY UNICREDIT BANK AG, LONDON BRANCH); CONSTITUTION AIRCRAFT LEASING (IRELAND) 3 LTD AND ANOTHER V UNICREDIT BANK GMBH, LONDON BRANCH (FORMERLY UNICREDIT BANK AG, LONDON BRANCH)

Contract (letter of credit) – Sanctions – Letters of credit in respect of aircraft leases – Sanctions Regulations preventing confirming bank from paying under letters of credit - Sanctions and Anti-Money Laundering Act 2018, section 44 – Russia (Sanctions) (EU Exit) Regulations 2019, SI 2019 No 855, regulation 28(3)
Online Published Date:  17 Jun 2024

BOLUDA TOWAGE ROTTERDAM BV AND OTHERS V ELISE TANKSCHIFFAHRT KG AND ANOTHER (THE "VB REBEL")

Admiralty – Jurisdiction – Vessel briefly grounding – Tug assisting with refloating – Masters of vessels signing Certificate of Safe Delivery containing London jurisdiction clause – Claim for salvage – Proceedings commenced in the Netherlands – Application for anti-suit injunction – Applications for setting aside and stay
Online Published Date:  10 Jun 2024

SY RORO 1 PTE LTD AND ANOTHER V ONORATO ARMATORI SRL AND OTHERS

Anti-suit injunction – Defendants ordered to redeliver vessels – News reports implying defendants intending to commence further legal proceedings – Vessel under arrest in France – Claimant seeking order in respect of defendants' conduct of arrest proceedings
Online Published Date:  10 Jun 2024

Lloyd's Law Reports

DELOS SHIPHOLDING SA AND OTHERS v ALLIANZ GLOBAL CORPORATE AND SPECIALTY SE AND OTHERS

[2024] 1 Lloyd's Rep. 489
Insurance (marine) – War and allied risks – Detention – Constructive total loss – Whether loss fortuitous – Effect of exclusion for customs or quarantine regulations and similar arrests – Suing and labouring – Non-disclosure – Knowledge and materiality – Late payment of claims – Marine Insurance Act 1906, section 55 – Insurance Act 2015, sections 3, 4 and 13A.

H1 AND ANOTHER v W AND OTHERS

[2024] 1 Lloyd's Rep. 449
Arbitration – Insurance – Application of policy to accident on film set – Arbitrator's treatment of witnesses – Whether potential bias – Whether arbitrator should be removed – Anonymity – Arbitration Act 1996, section 24.

SODZAWICZNY v SMITH AND ANOTHER

[2024] 1 Lloyd's Rep. 466
Arbitration – Stay of proceedings – Whether judicial proceedings related to a matter to be referred to arbitration – Anti-arbitration injunction – Grounds upon which relief could be granted – Arbitration Act 1996, section 9.

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