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Shipping E-Brief April 2016

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

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Shipping E-Brief February 2016

Shipping E-Brief November 2015

Wai Yue Loh

Wai Yue Loh Partner and Chief Representative of Beijing Office, Beijing, Partner, Hong Kong and Joint Managing Director, Singapore

Stephen Jarvis

Stephen Jarvis Partner and International Brand Ambassador

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Featured news & insights

News / The right to freight includes the right to give the freight away

28-04-2016 / Maritime

Glory Wealth Shipping Pte Ltd v. Flame SA [2016] EWHC 293 (Comm) The Owners in this case appealed an arbitration award that held they were not entitled to damages in respect of freight that the Charterers had failed to pay in breach of contract. The Tribunal had concluded that the Owners had not suffered an actual loss, as they had directed the Charterers to make payment of the freight to a third party. The freight would not have been paid to the Owners even if the Charterers had performed and so the Tribunal concluded that the Owners had suffered no loss. The Commercial Court disagreed with the arbitrators and found in favour of the Owners.

The right to freight includes the right to give the freight away

News / Paramount clauses - what does "the Hague Rules as enacted in the country of shipment" mean and why does it matter?

09-03-2016 / Maritime

Yemgas FZCO & others v. Superior Pescadores S.A. (Superior Pescadores) [2016] EWCA Civ 101

Paramount clauses - what does "the Hague Rules as enacted in the country of shipment" mean and why does it matter?

News / Does your notice to appoint an arbitrator interrupt the running of time for a counterclaim?

28-04-2016 / Maritime

Glencore International AG v. (1) PT Tera Logistic Indonesia and (2) PT Arpeni Pratama Ocean Line TBK [2016] EWHC 82 (Comm) The Commercial Court has recently considered whether notices of arbitration referring to “claims” and “all disputes” were effective to interrupt the running of time for a counterclaim. The Court held that, where both claims and counterclaims arose from a single set of facts and gave rise to a balance of accounts, then notices of arbitration referring to “claims” and “all disputes” are effective notices for the purposes of interrupting the running of time for a counterclaim.

Does your notice to appoint an arbitrator interrupt the running of time for a counterclaim?

News / Greek Court rejects security measures applications filed by physical supplier of bunkers

16-03-2016 / Maritime

SEKA v. the Owners of the m/t CE BREEZE and PANAGIA ARMATA (unreported)

Greek Court rejects security measures applications filed by physical supplier of bunkers

News / Cross border insolvency abuse of the procedure for recognition of foreign insolvency proceedings and the automatic stay

28-04-2016 / Maritime

(1) Nordic Trustee ASA and (2) OSX 3 Leasing BV v OGX Petrolea e Gas SA and others 2016 EWHC 25 (Ch) We have previously reported on the interaction between the insolvency and admiralty jurisdictions

Cross border insolvency abuse of the procedure for recognition of foreign insolvency proceedings and the automatic stay

News / Serious irregularity application fails (again)

28-04-2016 / Maritime

Ameropa SA v. Lithuanian Shipping Co. of Lithuania [2015] EWHC 3847 (Comm) This decision confirms that findings of serious irregularity under s. 68 of the Arbitration Act 1996 (the “Act”) are rare, not least as they require a finding (in addition to the irregular act or omission) that “substantial injustice” has been caused to the applicant as a result.

Serious irregularity application fails (again)

News / Damage or loss to cargo or other property caused by carrying ship is not Damage done by a ship

01-01-1970 / Maritime

The Vinalines Pioneer 2016 1 SLR 448The Singapore High Court has confirmed that damage or loss to cargo or other property caused by the carrying ship (ie offending ship) was not a claim within the meaning of a claim for damage done by a ship under Section 3(1)(d) of the High Court (Admiralty Jurisdiction) Act (Cap 123, 2001 Rev Ed) (HCAJA), and did not give rise to a right of arrestnbsp

Damage or loss to cargo or other property caused by carrying ship is not Damage done by a ship

News / Court refuses to grant anti-suit injunction due to significant delay

28-04-2016 / Maritime

Essar Shipping Ltd v. Bank of China Ltd (Kishore) [2015] EWHC 3266 (Comm) This case is an unusual instance of the English courts refusing to grant an anti-suit injunction in the face of a clear, valid agreement in favour of London arbitration. This is in contrast with a number of other recent decisions, in which the English courts have readily granted anti-suit injunctions, some against entities pursuing Chinese proceedings.

Court refuses to grant anti-suit injunction due to significant delay

News / Containers: "heavies over lights" a thing of the past?

28-04-2016 / Maritime

On 1 July 2016, the amendments to Chapter VI Regulation 2 of the Safety of Life at Sea Convention (“SOLAS”) will become effective. From that date, it will be: (i) mandatory for a shipper of a packed container to verify and provide the container’s verified gross mass (“VGM”); and (ii) a violation of SOLAS for a packed container to be loaded onto a vessel, if the ship operator and marine terminal do not have the container’s VGM.

Containers: "heavies over lights" a thing of the past?

News / BIMCO launches new Cyber Security Guidelines

01-01-1970 / Maritime

On 5 January 2016, BIMCO, in association with CLIA, ICS, INTERCARGO and INTERTANKO, launched its first ever set of guidelines aimed at preventing cyber security breaches on board ships that could have major commercial and safety repercussions for operators within the global shipping industrynbsp The aim of these Guidelines is to promote knowledge within the industry of the cyber security risks to enable operators to put measures in place to guard against such attacksnbsp

BIMCO launches new Cyber Security Guidelines

News / Do you know where your seafarer employees are "based" and why it matters?

28-04-2016 / Maritime

The Queen on the application of Fleet Maritime Services (Bermuda) Ltd v The Pensions Regulator (Rev 1) 2015 EWHC 3744 (Admin)

Do you know where your seafarer employees are "based" and why it matters?

News / New transparency regime for English companies - are you ready?

12-05-2016 /

This note focuses on the impact of the new regime on English incorporated companies. Broadly similar rules apply to LLPs and SAs but are outside the scope of this note.

New transparency regime for English companies - are you ready?