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

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

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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

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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

YACHT MANAGEMENT COMPANY LTD V GORDON

Jurisdiction – Territorial jurisdiction – Seafarer resident in UK but working on yachts outside UK – Meaning of "tours of duty" – Meaning of "duties" – Meaning of "base" – Employment Rights Act 1996 – Equality Act 2010
Online Published Date:  18 Mar 2024

BURROWS V THE SHIP "MERLION"

Admiralty – Ship arrest – Jurisdiction – Vessel agreed to be part trade for new vessel under construction – Receiving party entering into liquidation – Director of receiving party purporting to transfer ownership to third party – Application to strike out claims forming the basis of arrest – Proprietary maritime claims – Trust – Misleading or deceptive conduct – Conversion – Detinue – Combination of in rem and in personam claims – Application to strike out – Application for summary dismissal – Admiralty Act 1988 (Cth), sections 3, 4(2)(a), 9, 10, 11, 12, 13, 14, 16 and 19
Online Published Date:  18 Mar 2024

CZECH REPUBLIC V DIAG HUMAN SE AND ANOTHER

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
Online Published Date:  11 Mar 2024

Lloyd's Law Reports

LONDON STEAM-SHIP OWNERS' MUTUAL INSURANCE ASSOCIATION LTD v KINGDOM OF SPAIN (THE "PRESTIGE")

[2024] 1 Lloyd's Rep. 199
Arbitration – Appeal against award – Whether arbitrator had jurisdiction to disregard judgment of Court of Justice of the European Union – Issue estoppel – Public policy – Equitable compensation – Award of injunction against a state – Damages in lieu of injunction – Arbitration Act 1996, sections 48, 66, 67, 68 and 69 – State Immunity Act 1978, section 13 – Senior Courts Act 1981, section 50 – Brussels Regulation (EC) No 44/2001, articles 1 and 34.

UNICREDIT BANK AG v EURONAV NV

[2024] 1 Lloyd's Rep. 177
Contracts (bills of lading) – Status of bill of lading in hands of original shipper – Delivery without production of the bill of lading – Bill of lading issued by shipowner – Charterparty novated to third party – Bill of lading evidencing a contract of carriage – Receipt function – Whether shipowner's obligations contained in charterparty or bill of lading – Lawful holder of bill of lading – Liability – Quantum – Carriage of Goods by Sea Act 1992.

THE FRENCH STATE v THE LONDON STEAM-SHIP OWNERS' MUTUAL INSURANCE ASSOCIATION LTD

[2024] 1 Lloyd's Rep. 157
Arbitration – Error of law – Extension of time for appeal – Breach of obligation to arbitrate – Definition of “award” – Equitable compensation – Injunctive relief against a state – Arbitration Act 1996, sections 48, 66 and 69 – State Immunity Act 1978, section 13.

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