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Shipping E-Brief November 2017

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

Our November 2017 edition of the Shipping E-Brief is full of articles dealing with topical shipping issues.  

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Shipping E-Brief September 2017

Shipping E-Brief July 2017

Shipping E-Brief May 2017

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Featured news & insights

News / General Average piracy negotiation expenses allowed by the Supreme Court

15-11-2017 / Maritime

Mitsui Co v Beteilingungsgesellschaft LPG (Longchamp) 2017 UKSC 68 The Supreme Court has allowed an appeal by shipowners and ruled that expenses incurred during the negotiation of a piracy ransom fall within Rule F of the York Antwerp Rules (YAR) as substituted expenses and are payable as General Average (GA)

General Average piracy negotiation expenses allowed by the Supreme Court

News / Scope of owners' obligation to proceed to load port with utmost despatch

15-11-2017 / Maritime

CSSA Chartering and Shipping Services SA v Mitsui OSK Lines Ltd (Pacific Voyager) 2017 EWHC 2579 (Comm)In this case, the Commercial Court considered a novel point in respect of owners' obligation under the terms of a voyage charterparty to commence the approach voyage and get the vessel to the load port within a reasonable time Relying upon and extending the 1935 Court of Appeal decision in Monroe Brothers Limited v Ryan (Monroe), the Court concluded that the obligation is an absolute one It is well-established that if an owner does not get the chartered vessel to the delivery place within the laycan, then the charterer usually has the right to cancel the charterparty The Pacific Voyager deals with the effect of not commencing an approach voyage to the port in sufficient time

Scope of owners' obligation to proceed to load port with utmost despatch

News / Singapore High Court cautions against misuse of VHF communications as means of avoiding collision

15-11-2017 / Maritime

The Dream Star 2017 SGHC 220 In a recent decision from the Singapore High Court on a trial on the issue of liability for a vessel collision, the Court re-emphasised that the misuse of Very High Frequency (VHF) communications may create uncertainty as to the status and responsibilities of vessels in complying with the International Regulations for Preventing Collisions at Sea 1972 (COLREGS), and that this is a relevant factor to be considered when apportioning liability in collision cases

Singapore High Court cautions against misuse of VHF communications as means of avoiding collision

News / Hull fouling on redelivery what can owners recover

15-11-2017 / Maritime

London Arbitration 2517, Lloyds Maritime Law Newsletter September 2017 This decision addresses a number of aspects that arise in practice with hull fouling claims, including whether an owner can claim for fouling on redelivery under a time charter and the extent of the losses that the owner can claim

Hull fouling on redelivery  what can owners recover

News / Increased tonnage limitation figures set to be adopted in Hong Kong

15-11-2017 / Maritime

Consistent with most maritime jurisdictions, Hong Kong allows ship-owners to limit their liability for both property damage claims and for personal injury or loss of life claims

Increased tonnage limitation figures set to be adopted in Hong Kong

News / Modern Slavery Act 2015 recent UK initiatives

15-11-2017 / Maritime

Modern slavery and human trafficking remain a hot topic Since we last reported on the UK Modern Slavery Act 2015 (the Act) and related initiatives (see Modern Slavery Act 2015 guidelines for slavery and human trafficking statements published), the UK Government has been helping to focus global attention on the rise of modern slavery In September 2017, the Prime Minister, Theresa May, hosted an event at the United Nations General Assembly on tackling modern slavery, seeking a global commitment to tough action to confront the issue and pursue more criminal prosecutions

Modern Slavery Act 2015 recent UK initiatives

News / Is the shipping industry prepared for GDPR

15-11-2017 / Maritime, Cyber Security

Shipping companies collect a great deal of personal data, including passenger information, crew and employee details, customer lists and details of business contacts The complex global nature of the industry and high level of personal data processed and exchanged, often across national borders, can leave information vulnerable to security breaches, intentional or otherwise Implementing effective data protection controls into daily operating procedures is a huge challenge However, when the EU General Data Protection Regulation and the UK's Data Protection Act 2018 come into force on 25 May 2018, businesses ignore themnbspat their peril, as non-compliance can result in large fines and reputational damage There are also commercial benefits to effective compliance companies that protect the privacy of their passengers, employees and business associates and conduct properly targeted marketing campaigns will be more likely to attract and retain business and staff We set out below some of the issues you need to consider and how you can action them and demonstrate compliance in view of the accountability principle

Is the shipping industry prepared for GDPR

News / Impact of announced changes to LIBOR on loan documentation

15-11-2017 / Maritime

At the end of July, the Financial Conduct Authority (FCA) announced that it will be supporting a transition from LIBOR to other benchmark rates by the end of 2021 Following the LIBOR scandal, the FCA has been trying to anchor LIBOR submissions and rates, as far as possible, to actual transactions, to ensure the rate is genuinely representative of market conditions However, market activity has been insufficient to sustain this and LIBOR is instead being arrived at by the use of expert judgment of panel banks This position is generally regarded as unsatisfactory So far, there has been no clear indication from any of the market's participants as to the reference rate that will replace LIBOR in transactions in the loan market, leading to uncertainty as to how to deal with LIBOR currently and in the future amongst lenders and borrowers alike

Impact of announced changes to LIBOR on loan documentation

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