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Shipping E-Brief September 2020

Insights / 24-09-2020

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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Maritime

Featured news & insights

Insights / Court considers scope and effect of demurrage clause

16-09-2020 / Maritime

K Line Pte Ltd v. Priminds Shipping (HK) Co Ltd (Eternal Bliss) [2020] EWHC 2373 (Comm)

Court considers scope and effect of demurrage clause

Insights / The dangers of overlooking a bareboat charter in the charterparty chain

13-07-2020 / Maritime

This decision provides guidance on the circumstances in which the Court will grant a retrospective extension of time for commencing arbitration proceedings.

The dangers of overlooking a bareboat charter in the charterparty chain

Insights / Charterparty hire adjustment terms upheld despite apparent commercial illogicality

27-07-2020 / Maritime

Altera Voyageur Production Limited v. Premier Oil E&P UK Ltd (Voyageur Spirit) [2020] EWHC 1891 (Comm)

Charterparty hire adjustment terms upheld despite apparent commercial illogicality

Insights / Misleading impression as to identity of carrier justifies time extension for misdelivery claim

29-07-2020 / Maritime

The Court has granted a time extension for commencing arbitration proceedings in a misdelivery claim in circumstances in which the correspondence between the Claimant and the ship interests’ lawyers resulted in a misleading impression as to the true identity of the carrier under the bills of lading.

Misleading impression as to identity of carrier justifies time extension for misdelivery claim

Insights / Court finds marina can limit liability

10-07-2020 / Maritime

The Admiralty Court has held that the owners of a marina could limit their liability for damage to property, including vessels, pursuant to s.191 of the Merchant Shipping Act 1995.

Court finds marina can limit liability

Insights / Court declines to imply delivery and discharge terms into contract of carriage

08-09-2020 / Maritime

Sea Master Shipping Inc v. (1) Arab Bank (Switzerland) Limited and (2) Yousef Freiha & Sons SAL (Sea Master) [2020] EWHC 2030 (Comm)

Court declines to imply delivery and discharge terms into contract of carriage

Insights / Court dismisses challenge to award on grounds of procedural unfairness

10-09-2020 / Maritime

This case involved an unsuccessful appeal to the Court, where charterers contended that there was serious irregularity in the way that the sole arbitrator had dealt with two issues in the underlying arbitration, which had caused them substantial injustice. 

Court dismisses challenge to award on grounds of procedural unfairness

Insights / UK steps up sanctions regime and shipping must navigate carefully

23-09-2020 / Maritime

Following the UK’s departure from the EU, there have been some recent developments with regard to the approach of the UK to sanctions, including the issuance of guidance to the shipping industry on financial sanctions. We summarise some of these recent developments below.

UK steps up sanctions regime and shipping must navigate carefully

Insights / Domicile and issues of taxation

23-09-2020 /

Taxation is complicated at the best of times but for many people in the shipping industry who often work in a country other than the one where they were born or grew up, there are invariably added cross border complications.

Domicile and issues of taxation