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Cargo focus - Maritime Risk International, September 2023

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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 September 2023 issue of Maritime Risk International is available here. This includes a collection of cargo-themed articles, as well as an exploration of changing rules in Turkey, tips on preventing cyber attacks and a report on the rise in port state detentions.

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

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. 

Summaries of two awards have recently been published in LMLN. The first tackles a charterparty speed and consumption dispute. The second examined whether a fixture made before the subject charter could or should be regarded as a substitute.


London Arbitration 9/23
London Arbitration 10/23

Chinese Maritime and Commercial Law Reports

Volume 2 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 2 2023 on i-law.com.

This volume includes a judgment involving a claim for unpaid sums due under a contract by Luís Figo the Portuguese international footballer, and an application for the recognition and enforcement in China of a judgment handed down in California.

Lloyd's Law Reports

INFRASTRUCTURE SERVICES LUXEMBOURG SÀRL AND ANOTHER v KINGDOM OF SPAIN

[2023] 2 Lloyd's Rep. 299
Arbitration – International Centre for Settlement of Investment Disputes (ICSID) – European Union Energy Charter Treaty 1994 – Enforcement of award – Jurisdiction – Sovereign immunity – Non-disclosure – Arbitration (International Investment Disputes) Act 1966 – State Immunity Act 1978 – Vienna Convention – CPR Part 62.

TRAFIGURA PTE LTD v TKK SHIPPING PTE LTD (THE "THORCO LINEAGE")

[2023] 2 Lloyd's Rep. 338
Limitation of liability – Package limitation – Cargo owner incurring salvage charges and on-shipment costs following casualty – Carrier's right to limit liability for claims for economic loss – Delay – Determination of a preliminary point of law – Arbitration Act 1996, section 45 – Hague-Visby Rules, article IV, rule 5(a).

NATIONAL IRANIAN OIL CO v CRESCENT PETROLEUM CO INTERNATIONAL LTD AND ANOTHER

[2023] 2 Lloyd's Rep. 279
Arbitration – Jurisdiction – Determination by judge that right to appeal was not lost by waiver – Permission to appeal not sought from judge – Whether Court of Appeal had jurisdiction to grant permission to appeal – Arbitration Act 1996, sections 67 and 73.

Maritime Law Search

Lloyd's Maritime and Commercial Law Quarterly

LMCLQ August Part 3 and the International Maritime and Commercial Law Yearbook 2023 are available online

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Access LMCLQ Part 3 here. Includes comment on Barton v Morris in which, according to a majority of the Supreme Court, Mr Barton received exactly what he had contracted for, which was precisely nothing; a look at a slew of cases in both the UK and Singapore which suggest a departure from the accepted position that delivering cargo without presentation of the original bill of lading is a risky act; The Luna, The Sienna, The Nika, The STI Orchard and The Maersk Princess; and in The Thorco Lineage the Hague (and Hague-Visby) Rules, despite coming up for their 100th birthday, continue to provide many problems still requiring solution by litigation. The maritime lien is discussed, legitimate interest, various forms of unjust enrichment, and book reviews. 

Access the 2023 Yearbook here. The yearbook features insurance (including marine) law, maritime law, arbitration law, sale of goods and carriage of goods law along with additional cases of interest on a jurisdictional basis; legislation; law reforms; protocols; and articles. There is an international section as well as areas covering Australian, English, EU, French, South African and US law.

Lloyd's Law Reporter

CHARLES TAYLOR ADJUSTING LTD AND ANOTHER V STARLIGHT SHIPPING CO

Conflict of laws – Recognition and enforcement of English judgments in EU Courts – Regulation (EC) No 44/2001, article 34
Online Published Date:  25 Sep 2023

FAMILYMART CHINA HOLDING CO LTD V TING CHUAN (CAYMAN ISLANDS) HOLDING CORPORATION

Arbitration – Stay of proceedings – Winding-up petition – Whether arbitration clause inoperative for disputes between shareholders – Stay of winding-up petition – Case management – Arbitration Act 1996, section 9
Online Published Date:  25 Sep 2023

REPUBLIC OF MOZAMBIQUE V PRIVINVEST SHIPBUILDING SAL (HOLDING) AND OTHERS

Arbitration – Stay of judicial proceedings – Meaning of a "matter" to be referred to arbitration – Relationship between "matter" and arbitration clause – Arbitration Act 1996, section 9
Online Published Date:  25 Sep 2023

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