Shipping E-brief March 2022
The Shipping E-Brief is a publication providing you with key information on legal decisions and developments in shipping and related business areas.
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Featured news & insights
News / Court of Appeal agrees charterparty affirmed notwithstanding reservation of rights
28-02-2022 / Maritime
SK Shipping Europe Ltd v. Capital VLCC 3 Corp (C Challenger)  EWCA Civ 231 Both the Commercial Court and the Court of Appeal have found that the Charterers in this case were not entitled to rescind the charterparty because they had affirmed the contract.
News / Can a claimant always pick the jurisdiction with the highest limitation of liability? Round two
24-02-2022 / Maritime
Pusan Newport Co Ltd v. Owners and/or demise charterers of the ships or vessels “Milano Bridge” and “CMA CGM Musca” and “CMA CGM Hydra” (Milano Bridge)  HKCA 157 We have previously reported on the first instance decision in this matter, in which the defendant Owners (represented by Ince Hong Kong) were successful in obtaining a stay of proceedings brought in Hong Kong by the plaintiff Terminal.
Insights / Court of Appeal agrees cargo liable to contribute in general average following ransom payment
03-12-2021 / Maritime
Herculito Maritime Ltd & others v. Gunvor International BV & others (Polar)  EWCA Civ 1828
News / No binding fixture and no concluded arbitration agreement where subjects not lifted
08-02-2022 / Maritime
DHL Project & Chartering Ltd v. Gemini Ocean Shipping Co Ltd (Newcastle Express)  EWHC 181 (Comm) In this recent charterparty dispute, the Commercial Court has set aside an arbitration award on the basis that the Tribunal had no jurisdiction to rule in circumstances where the parties had not concluded a binding contract (or arbitration agreement) after conditions to which the fixture were expressed to be subject (“subjects” or “subs”) were not lifted.
Insights / Court of Appeal finds charterers’ associated company not barge “operator” for limitation purposes
21-12-2021 / Maritime
This was a dispute over whether an associate company of the charterers was entitled to limit its liability in respect of a barge that was involved in an incident off Dover that resulted in a claim for about Euros 55 million worth of damage.
News / Court finds letter of indemnity obligations engaged
24-02-2022 / Maritime
Aramco Trading Fujairah FZE v. Gulf Petrochem FZC (MV Kronviken)  EWHC 288 (Comm) This case is another example of the English courts dismissing unmeritorious challenges to letters of indemnity (LOIs) issued against delivery of goods without production of original bills of lading. The message is clear: the English courts will not entertain unwarranted attempts to avoid obligations under a valid and enforceable LOI.
News / The Law Commission’s final say on Electronic Trade Documents
14-02-2022 / Maritime
The Law Commission is an independent advisory body to the UK government. Its eagerly awaited final report on the legal recognition of trade documents such as electronic bills of lading is expected to be published in the spring of 2022.
News / EU Blocking Regulation, US sanctions and contractual termination – when sanctions and business collide
18-02-2022 / Commodities & Trade, Maritime
In a recent ruling, the European Court of Justice (“ECJ”) was asked to consider the interpretation of Article 5 of EC Regulation No. 2771/96 of 22 November 1996 (commonly referred to as the “Blocking Regulation”) in relation to the termination, by a German telecoms company, of a contract with a bank subject to US sanctions.