“It is good that I make you build, of this ship which shall sail on the sea, the hull, the decks and the mast, and then on a sunny day, like on a wedding day, I have you dress her of sails and gift her to the sea.”
Whether it is, as for Antoine de
Ship Law Log
Comment and analysis by Reed Smith lawyers on the latest developments in the shipping industry
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Court of Appeal overturns judgement on acceptable security in collision matter
By Richard Gunn & Elli Aidini
Pacific Pearl Co Limited v Osios David Shipping Inc [2022] EWCA Civ 798
The Court of Appeal (“CA”) has overturned the decision of Justice Teare that security tendered under the Admiralty Solicitor Group form ASG 2 (Collision Jurisdiction Agreement) (“CJA”) needed to be subjectively acceptable to the offeree. Instead the CA has determined that it is sufficient that…
EU sixth package of sanctions against Russia
On June 3, 2022, the European Union Council adopted a sixth package of sanctions against Russia, which will phase-out the import of Russian oil and petroleum products over the next six to eight months. This particular round of sanctions will not restrict the import of gas, but official guidance warns that “nothing is off the…
Solving the ‘possession’ problem – Law Commission publishes draft legislation for the legal recognition of electronic trade documents
In our October 2021 blog “Possession as we (don’t) know it!”, we discussed the existing position under English law in respect of electronic trade documents and the scope for reform in light of the Law Commission’s consultation paper and draft legislation “Digital assets: electronic trade documents (2021) Law Commission Consultation Paper No 254”, published…
COVID related off-hire decisions from the LMAA
The COVID pandemic has impacted nearly every aspect of global commerce, and the shipping industry is no exception having experienced severe disruption in many different ways.
Over the past two years, most maritime lawyers will have received multiple enquiries in relation to delays caused to vessels by COVID, where there is a dispute as to…
To what are “subjects” subject?
In DHL Project & Chartering Ltd v. Gemini Ocean Shipping Co Ltd [2022] EWHC 181 (Comm), DHL (“Charterers”) succeeded in an application against Gemini (“Owners”) to set aside an arbitration award pursuant to section 67 of the Arbitration Act 1996 (the “Act”).
Mr Justice Jacobs held that a “subject” provision in a putative fixture requiring…
Expecting the unexpected – BIMCO releases force majeure clause
By Nick Austin & Laura Hyne
In light of the unprecedented challenges faced by the shipping industry in recent years, BIMCO has recently released its long-awaited model force majeure clause for inclusion in charterparties and other shipping contracts.
Reed Smith first reported on the clause in January 2021 in our article ‘All eyes on BIMCO’s new clauses’ . …
EEXI and CII – shipping’s next environmental challenge
Introduction
There cannot be many people left in the shipping sector unaware that the International Maritime Organisation (IMO) has set a target of reducing annual greenhouse gas emissions in shipping by at least 40% by 2030 and pursuing a 70% reduction by 2050.
As a key means of achieving this, the IMO, through the Marine…
Exemption clauses subject to contractual interpretation
Exemption clauses, including those purporting to exclude or limit liability for deliberate and repudiatory breaches, are to be construed by reference to the normal principles of contractual construction. There is no presumption in English law that exemption clauses do not apply to fundamental breaches. Nor is there a requirement for any particular form of words…
Possession as we (don’t) know it!
By Nick Austin & Athina Douni
Possession and tangibility are closely related concepts long established under English law. Yet a change to these concepts is around the corner. The change could finally unlock the full potential of digital trade documents, while at the same time keeping English law at the forefront of global commerce.
The existing position under English law is…