Welcome to our marine newsletter for July 2019. This edition brings you an update on recent decisions and legal developments affecting the maritime industry around the world.
The "ELIN" – Deck Cargo and Exclusion Clauses
The recent case of Aprile SPA v Elin Maritime Ltd (“The Elin”) relates to a shipowners' ability under English law to exclude their liability for loss of and/or damage to a cargo carried on deck, pursuant to an express exclusion clause contained on the face of a bill of lading. Read more.
Charterers Liable for Demurrage Despite Invalid NOR
A recently reported arbitration, London Arbitration 13/19, is a cautionary tale for charterers, and highlights the manner in which a defective Notice of Readiness could result in charterers being liable for demurrage and in repudiatory breach of the charterparty. Read more.
Hacked Emails and Fraudulent Accounts – A Modern Tale
The increased digitalisation of commercial transactions has encouraged criminals to find new ways to defraud their victims, and in some cases, created new issues for the Courts to untangle. Read more.
Regulatory Update – All Set for Change?
With the maritime industry facing significant changes in its regulatory landscape in the coming years, it is important that maritime sector stakeholders understand the way in which these substantial modifications will affect them. Read more.
Saudi Arabia Officially Introduces First Bespoke Maritime Law
The ambition and projects set out in Vision 2030 to make Saudi Arabia a logistics and maritime hub necessitated the expansion and regulation of the maritime industry. The issuance of the first bespoke Maritime Law indicates the importance of the maritime sector to Saudi Arabia's economy and development plans, and is a significant development in regulating the sector. Read more.
China - Cargo Delivery by Port Authority - Delivery Dilemma Resolved
Liaoning High Court recently issued a judgment ending a six-year legal battle over a consignment of iron ore stored in Dalian Port. Read more.
Automation and Digitisation in Shipping: a Lack of Standardisation and Regulation?
The shipping industry has recently seen a large number of exciting and futuristic proposals for automated and digital innovations. The intention is to increase efficiency, reduce costs, save time, and promote safety at sea. Read more.