Archive for the ‘Legal’ Category
White List déjà vu
The ITF HQ in London
White List déjà vu, By Andrew Guest
It’s over a decade since a global federation of transport unions showed how easy it was to obtain a Panamanian certificate of competency.
In 2001 David Cockroft, General Secretary of the International Transport Workers’ Federation...
June 13th, 2013 | Classification Societies, Comment, Flags, Flags, IMO, Maritime Fraud, Politics and Government, Regulatory, Technical | Read More
Challenging Times in the Coastal Trade – The story so far for “Revitalising Australian Shipping”
Challenging Times in the Coastal Trade – The story so far for “Revitalising Australian Shipping”
by Hazel Brasington, Partner*
This article first appeared in the Autumn 2013 issue of Shipping Australia Limited and is reproduced with their kind permission. www.shippingaustralia.com.au.
The year...
May 31st, 2013 | Legal | Read More
Koehler – very much limited
Alan Van Praag
Here below please find an analysis sent to us by Alan van Praag; an analysis of a recent decision from the highest court of New York State interpreting the holding of the famous Koehler case as it applies to enforcement of money judgments. The holding of the court severely restricts...
May 29th, 2013 | Legal | Read More
Strike! The impact on shipping of industrial action at port terminals
Scott Pilkington
Strike! The impact on shipping of industrial action at port terminals by Scott Pilkington, Associate, Holman Fenwick Willan Hong Kong
Strikes and industrial action at port terminals can occur suddenly and can cause severe disruption, even preventing a terminal from working completely.
This...
May 18th, 2013 | Labour Disputes, Legal | Read More
Invoicing error sees shipbroker saddled with bill for bunker supply
ITIC* has revealed how an invoicing error led to a shipbroker being asked to foot the bill for a bunker supply amounting to more than three-quarters of a million dollars.
In its latest Claims Review, ITIC cites the case of a chartering broker which arranged a fixture for a voyage from the Black Sea to...
May 15th, 2013 | Legal | Read More
The 100 Series Rules
David Hammond
An International Model Set of Maritime Rules for the Use of Force (RUF)
Following 20 months of detailed work and legal reviews, including engagement and inputs from across the maritime industry, the 100 Series Rules for the Use of Force (RUF) has been released and is now available for download...
May 3rd, 2013 | Legal, Piracy and Terrorism | Read More
Wikborg Rein appoints new partners in London and Singapore
Birgitte Karlsen
LEADING international law firm Wikborg Rein has appointed two new partners to its shipping and offshore team.
Birgitte Karlsen becomes a partner in the firm’s London office, which she joined in 2011 after two years working as in-house counsel for offshore oil and gas technology specialist...
May 2nd, 2013 | Company Profiles, Legal | Read More
LNG in Singapore: the current and future position*
Gordon Inkson
Already well-established as a major centre for global oil trading, Singapore seems on track to become the leading Asia-Pacific trading hub for LNG. With its first LNG terminal set to open later this year, Singapore’s strategic location and proenterprise environment will enable the country...
May 1st, 2013 | Legal | Read More
Hill Dickinson’s International Shipping team expands with appointment of former master mariner as partner
Ian Maclean
International law firm Hill Dickinson has appointed Ian MacLean as a partner to its London office, where he will focus on his international client base of ship owners, ship managers and their insurers.
This appointment provides the firm with five former mariners at partner level, with Ian...
May 1st, 2013 | Legal | Read More
Shylock’s Lament or ‘when is a guarantee not a guarantee?’
Nicholas Phillips
Shylock’s Lament or ‘when is a guarantee not a guarantee?’ by Nicholas Phillips, Hill Dickinson
Wuhan Guoyu Logistics Group Co Ltd & Others -v- Emporiki Bank of Greece SA [2012] EWCA Civ 1629
The whole denouement of Shakespeare’s most controversial comedy – The Merchant...
April 26th, 2013 | Legal | Read More
New partner for Ince & Co in Piraeus
Evangelos Catsambas
Ince & Co’s Piraeus office has been boosted with the promotion of Evangelos Catsambas to the partnership.
Evangelos is a shipping specialist whose practice embraces both contentious and non-contentious matters. He specialises in charterparty and contract of carriage work, as...
April 25th, 2013 | Legal | Read More
Payment of hire – finally a condition of certainty
Payment of hire – finally a condition of certainty, by Electra Panayotopoulos
Electra Panayotopoulos
Kuwait Rocks Co -v- AMB Bulkcarriers Inc (the Astra) [2013] EWHC 865 (Comm)
In the Astra, Flaux J clarified the position in respect of Clause 5 of the NYPE form (the obligation to pay hire),...
April 23rd, 2013 | Legal | Read More
Payment of hire is a condition…
Paul Dean, partner Holman Fenwick Willan
Payment of hire is a conditon – an end to a charterers ability to deduct from hire?
High Court decision of Mr Justice Flaux in – Kuwait Rocks Co v AMN Bulkcarriers Inc (The MV “Astra”) [2013] EWHC 865 (Comm)
Mr Justice Flaux has held that the...
April 23rd, 2013 | Legal | Read More
Maritime Lawyers join forces with shipowners to promote ratification of international maritime conventions
New Brochure highlights importance of FAL Convention, as IMO Facilitation Committee meets in London.
A copy of the new ICS, ISF and CMI Campaign Brochure is attached, and contains additional information about the international Conventions to which this PR refers. It can also be downloaded at www.ics-shipping.org
The...
April 5th, 2013 | Associations, Legal, Regulatory | Read More
The bigger the ship, the bigger the challenge for risk management
The panel on a l to r basis, with Tim Howse, Steve Cameron, Chairman John Mc Phail, Andrew Webster and Peregrine Storrs-Fox
The bigger the ship, the bigger the challenge for risk management
In recent years, massive incidents involving large container ships have proved extremely difficult to manage and...
March 28th, 2013 | Bribery and Corruption, Conferences, Seminars, Forums, Legal, London Shipping Law Centre, Ports & Terminals, Safety and Security | Read More
Practitioners warn that changing ‘utmost good faith’ rules would threaten legal and marine market uncertainties
Simon Stonehouse
Practitioners warn that changing ‘utmost good faith’ rules would threaten legal and marine market uncertainties, By James Brewer
Marine underwriters and legal experts have underlined the dangers in a proposal to dilute the strength of the famed insurance phrase “utmost good faith.”
The...
March 17th, 2013 | Insurance and Reinsurance, Legal, Marine Insurance | Read More
New proposals for air passenger rights announced
The obligations of carriers to provide assistance and compensation to passengers in the event of delay, denied boarding and cancellation of flights has been a topic of much contention in recent years.
Indeed, since Regulation 261/2004 (the Regulation) came into force in 2005, carriers have struggled...
March 15th, 2013 | Aviation, Legal | Read More
Treading carefully in a demand guarantee and letters of credit minefield
Demand guarantees and Letters of Credit in the shipping industry continued to be a legal minefield when documents held to by contending parties presented conflicts over essential aspects.
They were the subject of a seminar, organised by the London Shipping Law Centre–Maritime Business Forum, staged...
March 14th, 2013 | Legal | Read More
Hong Kong SFC recommends civil and criminal liability for sponsors
The Hong Kong Securities and Futures Commission (SFC) has concluded a public consultation by recommending that the current law be amended. The intention is to make it clear, amongst other things, that sponsors are liable for untrue statements published in prospectuses. This recommendation forms part...
March 14th, 2013 | Legal | Read More
Marpol Annex V Regulations – new regulations for owners, operators, charterers and shippers to contend with
Rory Butler, Partner HFW
On 1 January 2013, new Marpol Regulations came into force with regard to the disposal of garbage from ships at sea and largely prohibit the practice. As a result, it will become common practice for ships to send their garbage to shore based reception facilities.
Marpol Annex...
March 8th, 2013 | Environment, Legal, Pollution, Regulatory | Read More
RMT tube runaway verdict response
Bob Crow
7 March 2013 – The Old Bailey in London has fined three transport companies £100,000 each after a runaway train came within 2,000ft (600m) of crashing into a packed tube train on 13 August 2010. A maintenance wagon broke free from an empty passenger train which was towing it and was...
March 7th, 2013 | ITF, Legal, Rail | Read More
Counter Piracy: Rules for the Use of Force International Legal Conference
Steven Jones
The Security Association for the Maritime Industry (SAMI) has been at the forefront of a number of key developments which are shaping the nascent private maritime security industry. Perhaps the most controversial and recent focus has been the work to create an effective and robust model...
March 7th, 2013 | Legal, Organisations, Piracy and Terrorism, Safety and Security, Story of the Month | Read More
Space tourism gets ready for lift off
Mon 04 Mar 2013 – Space is the final frontier for hundreds of high net worth individuals seeking the ultimate tourist thrill. However, as industry delegates to a symposium held at Lloyd’s heard, some risk issues remain unresolved.
Suborbital flight – flying higher than 100km above sea level...
March 4th, 2013 | Aviation, Holidays, Legal | Read More
Ince & Co boosts Beijing office with new senior shipping appointment
Xu Guo
Mr Xu Guo joins Ince & Co’s Beijing office bringing nearly 20 years of China experience
Mr Xu Guo joins Ince & Co as a consultant based in the firm’s Beijing Office. Mr Guo will work as a key member of the team providing shipping expertise in Beijing.
Mr Guo comes to Ince from the...
March 4th, 2013 | Company Profiles, Legal, People and Places | Read More
Niger urged to act over court union ruling
SNCRN workers striking at Trenson Investment Trading, Niger.
1 March 2013 – SNCRN workers striking at Trenson Investment Trading, Niger.
The ITF has written to Niger’s minister of transport urging government action over a high court ruling that its affiliate Syndicat National des Conducteurs...
March 1st, 2013 | ITF, Labour Disputes, Legal | Read More
