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Wikborg Rein | United Kingdom | 25 Jan 2023
Limitation of liability in light of MSC Flaminia (No.2) decision
The right to limit liability for claims is a cornerstone and unique feature of maritime law. Limitation issues are a particularly important consideration in the aftermath of large-scale casualties as the ability to limit liability may significantly reduce the financial exposure for a party and its insurers. The recent decision from the English High Court in MSC Flaminia (No.2), provides......
RPC | United Kingdom | 24 Jan 2023
Doctrine of separability in arbitration: should the arbitration agreement and the main contract "sink or swim" together or alone?
In DHL Project & Chartering Ltd v Gemini Ocean Shipping Co Ltd, the Court of Appeal upheld the High Court's decision to set aside the arbitrator's award, on the basis that the arbitrator did not have jurisdiction to decide the dispute as no arbitration agreement had been concluded. Now the leading case on the doctrine of separability, this decision clarifies the operation of the doctrine in......
WSCO Advokatpartnerselskab | Denmark | 2 Mar 2022
Maritime and Commercial Court of Copenhagen provides guidance on arbitration clause in charter party agreement
In May 2019, a Danish charterer entered into a time charter agreement of a Liberian-registered ship with a Cypriot owner. At the same time, the parties entered into a revenue agreement on the calculation and distribution of profits from an agreement on the sub-chartering of the ship. The Maritime and Commercial Court of Copenhagen recently issued a judgment regarding the arbitration clause of......
Helmsman LLC | Singapore | 2 Dec 2021
When will courts impose conditions for stay of court proceedings in favour of arbitration?
The Singapore Court of Appeal recently held that an appellant was not entitled to a stay of proceedings that was conditional upon the respondent's waiver of a time-bar defence. In doing so, the Court of Appeal provided guidance as to when a conditional (as opposed to an unconditional) stay of proceedings might be ordered. This decision is a timely reminder to claimants to be vigilant in......
Wikborg Rein | United Kingdom | 1 Sep 2021
High Court provides further guidance on implied terms under English law
In the shipping and offshore industry, guarantees are frequently given as security to legally promise the performance of a separate or primary contract. If a party to a primary contract defaults on its obligations, the guarantee provides an additional and, in theory, less costly and complex avenue for recovering any amounts owed to a beneficiary. A recent High Court decision on this matter......
Wikborg Rein | Global | 14 Jul 2021
Updated BIMCO contracts for towage and barge hire
The Baltic and International Maritime Council recently published new editions of the widely used Towhire, Towcon and Bargehire contract forms, which were last revised in 2008. The amendments are intended to improve legal clarity and bring the contracts more in line with current commercial practices. While the uptake of new contract forms by the industry is often somewhat slow, in all......
Brooks & Knights | Nigeria | 17 Feb 2020
Understanding taxation of charter party contracts in Nigeria’s maritime industry
The world over, every country has its own set of rules governing its coastal trade. Players in this sector either own the Ships which are leased to…
Reed Smith LLP | China | 4 Feb 2020
Charterparty issues arising from the novel coronavirus
On 30 January 2020, the World Health Organization declared the outbreak of the novel coronavirus (2019-nCoV) (the Virus) to be a Public Health…
Reed Smith LLP | Global | 4 Feb 2020
Novel coronavirus and charterparty issues
On 30 January 2020, the World Health Organization declared the outbreak of the novel coronavirus (2019-nCoV) (the Virus) to be a Public Health…
Reed Smith LLP | Global | 31 Jan 2020
Coronavirus - Brief note for the shipping industry
Owners, charterers, operators, managers and others involved in the shipping industry (particularly those with fixtures to and from Far East ports)…
