Rory Macfarlane examines cyber risks for shipping
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News / Court finds extra-contractual counterclaims fell within scope of arbitration agreement
02-08-2022 / Maritime
Sea Master Special Maritime Enterprise & another v. Arab Bank (Switzerland) Ltd (Sea Master)  EWHC 1953 (Comm) This bill of lading dispute raised issues as to whether the Bank financing the purchase of a cargo, and the holder of a switch bill of lading for the cargo, was a party to the arbitration agreement incorporated into the switch bill and, if so, whether certain counterclaims brought by the Owners came within the scope of that arbitration agreement. The Court agreed with the tribunal’s findings that, once the Court had decided that the Bank was a party to the arbitration agreement, then the counterclaims for reasonable remuneration and quantum meruit came within the ambit of the arbitration agreement, being claims “arising out of or in connection” with the bill of lading contract.
News / Party offered reasonably satisfactory security following collision obliged to accept it
20-07-2022 / Maritime
MV Pacific Pearl Co Ltd v. Osios David Shipping Inc (Panamax Alexander)  EWCA Civ 798 The Court of Appeal has confirmed that a party to ASG 2, the standard form Collision Jurisdiction Agreement, is obliged to accept reasonable security once it is offered and cannot choose to refuse that security and seek alternative or better security by arresting a ship. In such circumstances, there is no right to an arrest or any justification for it.
News / Rosita Lau, MH calls for China businesses to opt for Hong Kong arbitration in their contracts
15-07-2022 / Maritime
In an interview published this morning (14 July) in The Hong Kong Maritime Hub, Ince Partner Rosita Lau, MH calls for Chinese businesses to opt for Hong Kong arbitration in their contracts, initiative that requires attention of officials from the highest level.
News / Court finds Covid-19 restrictions did not constitute force majeure under MOA
13-07-2022 / Maritime
NKD Maritime Limited v. Bart Maritime (No 2) Inc (Shagang Giant)  EWHC 1615 (Comm) The Court has construed a force majeure clause and considered whether Buyers validly terminated a contract for the sale of a vessel on the basis that Covid-19 lockdown restrictions prevented Sellers from transferring title in the Vessel.
News / Shipping gets smart
20-06-2022 / Maritime
On 25 November 2021, the UK Law Commission published its Advice to the UK Government on how English law currently applies to smart legal contracts. Subsequently, on 16 March 2022, the Law Commission published its report on electronic trade documents, together with draft legislation that would implement its recommendations to allow for the legal recognition of trade documents such as bills of lading and bills of exchange in electronic form.
News / Carrier Under CMR Successful in Limiting Liability for Consignee’s Losses
14-06-2022 / Maritime
Paul Knapfield v. C.A.R.S. Ltd & others  EWHC 1437 (Comm) Disputes under the Carriage of Goods by Road Act 1965, which incorporates the Convention on the Contract for the International Carriage of Goods by Road 1956 (CMR), do not come up very often. This decision is, therefore, useful in illustrating when and how the CMR applies. In this case, the Court found that the CMR limit of liability applied to the claimant’s claim, with the result that his losses far exceeded the amount he could ultimately recover from the carrier.