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31-05-2023 / Maritime

The Court of Appeal has held that the Hague-Visby Rules one-year time bar applied to the Claimant bank’s claim under the bills of lading for mis-delivery after discharge. As a result, the claim was out of time. Read our article, by William Chetwood, Reema Shour and Sharon Msiza, for a discussion of the decision.

24-05-2023 / Maritime

In this commodities dispute, the Court has found that the arbitral appeal tribunal had misdirected itself on whether the claimant’s losses were too remote to be recoverable. In their article, Joanna Steele and Reema Shour discuss why the Court came to this conclusion.

15-05-2023 / Maritime

The Supreme Court has dismissed an argument that an oil spill emanating from the sea constituted a continuing nuisance and provided the claimants with a continuing cause of action for so long as the oil remained on their land. The oil spill was a one-off event and the cause of action accrued and was complete once the claimants’ land had been affected by the oil. Read our article, by Chris Kidd, Sophie Forsyth and Reema Shour.

10-05-2023 / Maritime

The Court of Appeal has considered the status of a bill of lading in the hands of charterer after it ceases to be a charterer. Is it a document of title or a mere receipt? Our article, by Jamila Khan, Iain Preston and Reema Shour, analyses the decision.

04-05-2023 / Commodities & Trade, Energy & Infrastructure, Hospitality & Leisure, Maritime, TMT

KSA has been actively pursuing economic diversitication for investors to do business in the Kingdom. The first Special Economic Zone has now been established, with special commercial regulations.

27-04-2023 / Maritime

Court finds there was no binding arbitration agreement between parties. Emirates Shipping Line DMCEST v. Gold Star Line Ltd [2023] EWHC 880 (Comm) The underlying contract in this dispute was a 2018 Memorandum of Understanding (MOU) governing the operation of a container shipping line. The 2018 MOU contained an LMAA arbitration clause.

25-04-2023 / Maritime

Court of Appeal considers insurable interest under marine cargo policy. Quadra Commodities S.A. v. XL Insurance Company Se & others [2023] EWCA Civ 432 The Court of Appeal has upheld an assured’s claim for an indemnity under its marine cargo policy, in circumstances where the goods in question disappeared or were lost as a result of a fraudulent scheme involving forged warehouse receipts in Ukraine.

21-04-2023 / Maritime

On 20 March 2023, a House of Commons Transport Committee reported progress under the Government’s Maritime 2050 strategy. In their article, Martin Dalby and Reema Shour discuss the findings.

20-04-2023 / Maritime

On 6 April 2023, amendments to CPR 61.4 and Practice Direction 61.4 (the admiralty civil procedure rules dealing with collision claims) came into force. The amendments apply to collision claims issued on or after 6 April 2023. They aim to make collision claims more transparent and better particularised.

17-04-2023 / Maritime

The Shipping E-Brief is a publication providing you with key information on legal decisions and developments in shipping and related business areas.

11-04-2023 / Maritime

On 7 December 2022, the United Nations General Assembly adopted the United Nations Convention on the International Effects of Judicial Sales of Ships. The signing ceremony is due to be held in Beijing in September 2023 and the Convention will be known as the Beijing Convention on the Judicial Sale of Ships.

05-04-2023 / Maritime

In January 2022, the UK Law Commission commenced its review of the Arbitration Act 1996 and published its first consultation paper in September 2022. That consultation period closed in December 2022. However, as a result of some of the responses received from around 118 consultees, the Law Commission is now conducting a second consultation exercise discussing three topics.

04-04-2023 / Maritime

The English Court has dealt with a preliminary issue arising out of the grounding of the Ever Given in the Suez Canal on 23 March 2021.

21-03-2023 / Maritime

In this charterparty dispute, the arbitral tribunal rejected the Owners’ claim for damages for breach of the safe port warranty in a time charterparty, after a laden bulk carrier grounded at the entrance to the port of Chaozhou, China, while under compulsory pilotage. It also held that the vessel was unseaworthy, in breach of Article III.1 of the Hague Rules, due to lack of proper charts, but found on the facts that this was not causative of the grounding.

15-03-2023 / Maritime

On 15 March 2022, the UK’s Law Commission published its report, with draft legislation, for the legal recognition of electronic trade documents. One year later, the Electronic Trade Documents Bill introduced to the House of Lords is at the Report stage of the legislative process.

07-03-2023 / Maritime

In the recent case of PJSC National Bank Trust v. Boris Mints, the Court confirmed that sanctioned entities have a fundamental right of access to the English courts. In this case, the Court has made it clear that a defendant will not be permitted to delay any legitimate proceedings against him beyond what is reasonable on the basis that his sanctioned status may prevent him getting a fair trial.

01-03-2023 / Maritime

On appeal from an arbitration award, the Court has agreed with the tribunal that there should be an implied term in the charterparty regarding the charterers’ obligations to arrange for a hold reinspection after a failed inspection. However, it has disagreed with the tribunal’s conclusion on whether this implied term had been breached.

24-02-2023 / Maritime

This is the first collision case since the Supreme Court decision in the Ever Smart, in which the Admiralty Court has applied the crossing rules. This article discusses the Court's decision, which is unusual because of the finding of 100% liability against one vessel.

24-02-2023 / Maritime

The international maritime industry is increasingly developing and relying on various levels of automation both onshore and on board. The IMO is leading the way forward and, among other things, has been taking a leading and proactive role in the introduction of commercially operated ships in autonomous mode.

21-02-2023 / Maritime

The UK Hydrographic Office (UKHO) announced in February 2023 that its planned timetable for withdrawing the production of paper charts would be extended beyond the originally anticipated deadline of 2026 in response to user feedback. It is now likely that a paper chart service will be provided until at least 2030.

14-02-2023 / Maritime

The Court has found that the UK sanctions regime does not deny sanctioned entities the right to access the English courts in circumstances where their disputes are subject to the English Court’s jurisdiction and they have a good arguable claim. In coming to this decision, the Court usefully summarised the applicable sanctions regulations and considered the scope of the licencing regime implemented by the UK Office of Foreign Sanctions (OFSI).

06-02-2023 / Maritime

This bareboat charterparty dispute is noteworthy for the Court’s findings on the effect of international sanctions on the Charterers’ obligations to make payment and the Owners’ obligations to nominate a bank account into which payment could be made pursuant to the contractual purchase option.

06-02-2023 / Maritime

The Shipping E-Brief is a publication providing you with key information on legal decisions and developments in shipping and related business areas.

30-01-2023 / Maritime, Yachts & Superyachts

The Court recently considered the following question: “Where a charterparty clause provides that no deductions from hire (including for off-hire or alleged off-hire) may be made without the shipowner’s consent: is non-payment of hire a ‘deduction’ if the Vessel is off hire at the instalment date?”

23-01-2023 / Maritime

Court confirms applicable package limit when cargo interests have to pay salvage Trafigura Pte Ltd v. TKK Shipping Pte Ltd (Thor Lineage) [2023] EWHC 26 (Comm)

09-01-2023 / Maritime

We are delighted to share that Mohamed El Hawawy, Joint Managing Partner, and Natalie Jensen, Partner, from our Dubai office, have contributed the UAE chapter to the recently published Sixth Edition of the Third Party Litigation Funding Law Review.

19-12-2022 / Maritime

In a charterparty dispute, the Court has declined to grant an anti-enforcement injunction in respect of foreign proceedings because it found that there was no binding arbitration agreement between the parties. The decision also highlights that delay can be a bar to the grant of an anti-suit injunction. Read Peter McNamee and Reema Shour’s article for an analysis of the Court’s conclusions.

15-12-2022 / Maritime

On 17 November 2022, BIMCO published a CII Operations Clause for Time Charterparties that is aimed at assisting owners and charterers in complying with carbon intensity regulations recently introduced by the IMO and that come into force on 1 January 2023. In their article, Chris Kidd and Akshay Misra summarise the CII rating system and discuss the BIMCO Clause.

12-12-2022 / Maritime

The Court of Appeal has held that a proposed charterparty which was expressly stated to be ‘subject shippers/receivers approval’ did not contain a binding arbitration agreement conferring jurisdiction on the Tribunal to determine whether the charterparty had been properly concluded.

09-12-2022 / Maritime

With COP 27 having concluded and the IMO's Intersessional Working Group on the Reduction of GHG Emissions from Ships setting the scene for the upcoming MEPC 79, this article considers the latest updates in shipping's decarbonisation journey and what is on the horizon.

08-12-2022 / Energy & Infrastructure, Maritime

Ince is proud to share that ZESTAs has been granted International Maritime Organisation (IMO) provisional Consultative Status by the IMO Council.

23-11-2022 / Insurance, Maritime, Real Estate

We are pleased to be celebrating one year since opening our first Scottish office in the city of Glasgow.  Stefanie Johnston, dual-qualified Partner and Head of Scotland, has worked tirelessly over the last year to develop our offering through the opening of an Ince office in what is arguably an established Scottish market. Starting from the ground up, Stefanie and her team have successfully gained an admirable reputation in the region and further afield in the maritime, insurance, real estate and regulatory sectors. 

17-11-2022 / Maritime

The Shipping E-Brief is a publication providing you with key information on legal decisions and developments in shipping and related business areas.

15-11-2022 / Maritime

In September 2022, the UK Law Commission published a consultation paper with provisional recommendations for updating the Arbitration Act 1996 (the Act 1996). Amongst other things, the Law Commission considered whether any changes need to be made to: (i) s.67 of the Act 1996, which deals with jurisdictional challenges to arbitral awards; and (ii) s.69 of the Act 1996, which deals with appeals on points of law.

09-11-2022 / Maritime

CM P-MAX III Limited v. Petroleos Del Norte SA (MT Stena Primorsk) [2022] EWHC 2147 (Comm) This recent laytime and demurrage dispute demonstrates that an owner can legitimately refuse orders where such orders may jeopardise the safety of a vessel.

09-11-2022 / Maritime

Mur Shipping BV v. RTI Ltd [2022] EWCA Civ 1406 A majority of the Court of Appeal has held that the Owner under a contract of affreightment (COA) should have accepted payment of freight in Euros, rather than the US dollars provided for in the COA. Its refusal to do so meant that the Owner could not rely on the force majeure clause in the COA, in circumstances where US sanctions might have restricted US dollar transfers from or on behalf of the Charterer.

03-11-2022 / Maritime

Ceto Shipping Corporation v. Savory Inc (Victor 1) [2022] EWHC 2636 (Comm) The Court in this case had to construe a purchase option clause in a bareboat charter. Specifically, it considered whether the fact that the charterer had not fulfilled certain payment obligations under the charter because it was disputing them in good faith meant that the owner was not obliged to transfer title to the vessel at the end of the charter period.

01-11-2022 / Maritime

Trafigura Maritime Logistics Pte Ltd v. Clearlake Shipping Pte Ltd (Miracle Hope) [2022] EWHC 2234 (Comm) This cargo misdelivery claim gave rise to various issues under the letters of indemnity (LOIs) that had been given in order to secure delivery of the cargo without presentation of the original bills of lading.

25-10-2022 / Maritime

The dispute in this case highlights the potential pitfalls involved in validly terminating a contract. In such cases, it is important to consider what rights of termination might be available, whether contractual or at common law or both, and what are the requirements for valid termination in either or both cases.

19-10-2022 / Maritime

Vitol S.A v. JE Energy Ltd [2022] EWHC 2494 (Comm) The Court has upheld a seller’s entitlement to cancel an FOB sale contract where the vessel that was to be procured by the buyer did not arrive at the port by the cancellation date. It also rejected the argument that an amendment of the deadline for shipment in a letter of credit was an amendment of the sale contract of the seller’s obligation to ship by that date. The buyer’s attempt to exit the contract that became financially disadvantageous amounted to a repudiatory breach and it was held liable in damages.

17-10-2022 / Maritime

Argentum Exploration Ltd v. The Silver and all persons claiming to be interested in, and/or have rights in respect of, the silver (SS Tilawa) [2022] EWCA Civ 1318 The Court of Appeal, by a majority, has upheld the Admiralty Court decision that the Republic of South Africa (RSA) was not entitled to assert a claim of state immunity in respect of in rem proceedings brought by salvors concerning a cargo of silver bars recovered from the seabed 75 years after the sinking of the carrying vessel.

07-10-2022 / Maritime

On 22 September 2022, the UK Law Commission published a consultation paper containing proposed law reforms to the Arbitration Act 1996 (the Act). The UK Government asked the Law Commission to review the Act to ensure that it is fit for purpose and that it continues to promote the UK as a leading destination for commercial arbitrations.

06-10-2022 / Maritime

FIMBank p.l.c. v. KCH Shipping Co. Ltd (Giant Ace) [2022] EWHC 2400 (Comm) Article III r.6 of the Hague-Visby Rules (the “Rules”) provides that claims against the carrier are time-barred unless suit is brought within 12 months of the date of delivery or the date when the goods should have been delivered. However, does this apply to claims for misdelivery occurring after discharge? This is an important question formerly left unanswered the English Courts which has divided opinions. In an important judgment, the Court has now decided that it does.

30-09-2022 / Maritime

At the request of the UK Government, the Law Commission is reviewing the Arbitration Act 1996 (the “Act”) to establish whether or not it remains fit for purpose.

16-09-2022 / Maritime

The committee responsible for addressing environmental issues under the remit of the IMO is the Marine Environment Protection Committee (MEPC). Amongst several of its environmental safeguarding initiatives, the MEPC’s work includes the control of emissions from ships, including greenhouse gas emissions.

14-09-2022 / Maritime

The Shipping E-Brief is a publication providing you with key information on legal decisions and developments in shipping and related business areas.

13-09-2022 / Maritime

“Our vision is that the UK in 2030 will continue to be a leading responsible and democratic cyber power, able to protect and promote our interests in and through cyberspace in the support of national goals.”

08-09-2022 / Maritime

OCM Maritime Nile LLC & Anor v. Courage Shipping Co Ltd & Others (Courage and Amethyst) [2022] EWCA Civ 1091 This case concerned an alleged Event of Default under a finance bareboat charter and owners’ rights to terminate and raised issues of general importance under bareboat charters.

07-09-2022 / Maritime

Eastern Pacific Chartering Inc v. Pola Maritime Ltd (Divinegate) [2022] EWHC 2095 (Comm) The Court has recently dismissed a claim for wrongful arrest in an underperformance dispute and also given helpful guidance as to how speed and performance cases are to be approached.

02-09-2022 / Maritime

Dual-Qualified Partner, Stefanie Johnston, led the team from Ince, assisted by Iain Franklin, Senior Associate, following a Scottish instruction to act on behalf of Mr. Steven Davie, who was being prosecuted for alleged breaches of the Merchant Shipping Act 1995 and The International Regulations for Preventing Collisions at Sea 1972 (“COLREGS”). The defence at trial was conducted by David Nicolson, advocate from Compass Chambers. Mr. Davie’s legal team successfully secured his acquittal at Inverness Sheriff Court.