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Shipping E-brief March 2022

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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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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) [2022] 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.

Court of Appeal agrees charterparty affirmed notwithstanding reservation of rights

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) [2022] 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.

Can a claimant always pick the jurisdiction with the highest limitation of liability? Round two

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) [2021] EWCA Civ 1828

Court of Appeal agrees cargo liable to contribute in general average following ransom payment

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) [2022] 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.

No binding fixture and no concluded arbitration agreement where subjects 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.

Court of Appeal finds charterers’ associated company not barge “operator” for limitation purposes

News / Court finds letter of indemnity obligations engaged

24-02-2022 / Maritime

Aramco Trading Fujairah FZE v. Gulf Petrochem FZC (MV Kronviken) [2022] 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.

Court finds letter of indemnity obligations engaged

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.

The Law Commission’s final say on Electronic Trade Documents

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.

EU Blocking Regulation, US sanctions and contractual termination – when sanctions and business collide