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& Ince, in any case

24-09-2020 / Maritime

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

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.

16-09-2020 / Maritime

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

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. 

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)

20-08-2020 / Maritime

We are delighted to share with you Ince's articles on ICLG Legal Guides 2020.

20-08-2020 / Maritime

United Kingdom covers common issues in shipping laws and regulations - including marine casualty, cargo claims, passenger claims, arrest and security - in 40 jurisdictions.

20-08-2020 / Maritime

Gibraltar covers common issues in shipping laws and regulations - including marine casualty, cargo claims, passenger claims, arrest and security - in 40 jurisdictions.

20-08-2020 / Maritime

Greece covers common issues in shipping laws and regulations - including marine casualty, cargo claims, passenger claims, arrest and security - in 40 jurisdictions.

20-08-2020 / Maritime

Germany covers common issues in shipping laws and regulations - including marine casualty, cargo claims, passenger claims, arrest and security - in 40 jurisdictions.

19-08-2020 / Maritime

Singapore covers common issues in shipping laws and regulations - including marine casualty, cargo claims, passenger claims, arrest and security - in 40 jurisdictions.

19-08-2020 / Maritime

As the pace of global digitalisation steadily accelerates across many industry sectors, the international maritime industry has similarly continued to adopt technologies aimed at making its processes more efficient and reducing costs. This chapter highlights some key developments in maritime technology, the benefits they bring and the potential risks they present. It considers certain legal, regulatory and practical issues that arise and discusses some of the solutions being implemented across the international maritime sector.

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.

27-07-2020 / Maritime

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

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.

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.

09-07-2020 / Maritime

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

09-07-2020 / Maritime

Senior partner Julian Clark recently spoke with Bob Sanguinetti, Chief Executive of the UK Chamber of Shipping, of which Ince is a proud member. They discussed exciting plans both for Ince and the Chamber, the state of the shipping sector including emerging challenges and COVID-19, and how both organisations are providing ongoing support to the market.

06-07-2020 / Maritime

In this case, negotiations for the chartering of two vessels took place via a number of brokers.

01-07-2020 / Maritime

Webinar series, 'Collisions: why are they still happening?', hosted by the Ince Admiralty team. The series of four webinars explore the COLREGS and why collisions are still happening, and considers calls for changes to the COLREGS to accommodate autonomous ships. These webinars use a combination of case studies, Q&A and technical insight.

30-06-2020 / Maritime

With some signs of cautious optimism mounting that the shipping industry may have weathered the worst of the challenges posed by the pandemic, companies will need to start considering their restructuring options to ensure that they remain competitive in an uncertain recessionary trading environment.  

29-06-2020 / Maritime

In an insurance coverage dispute, the English Commercial Court has held that the insurers had much the better of the argument that the policies in question incorporated an exclusive English Court jurisdiction clause.

24-06-2020 / Maritime

A party named as the shipper in a bill of lading has successfully argued that it was not the shipper under the contract of carriage and that its inclusion in the bill of lading was a mistake.

24-06-2020 / Maritime

Ince' Asia maritime team is extremely honoured and pleased to win once again and for the eighth time the prestigious Maritime Law Award at Seatrade Maritime Awards Asia 2020 on 23 June 2020. The Award recognises the law firm that can demonstrate the highest level of commitment and expertise in the maritime legal sector in Asia.

15-06-2020 / Maritime

Recent decisions of the Hong Kong and Singapore courts show different approaches to the issue of when a winding-up petition will be allowed to proceed in circumstances where there is an arbitration agreement.

15-06-2020 / Maritime

In Dayang (HK) Marine Shipping Co, Ltd v. Asia Master Logistics Ltd [2020] HKCFI 311, the Hong Kong Court of First Instance declined to dismiss a winding-up petition where a debtor was unable to show the existence of a bona fide dispute on substantial grounds, notwithstanding the presence of an arbitration clause in the underlying contract.

15-06-2020 / Maritime

In AnAn Group (Singapore) Pte Ltd v VTB Bank (Public Joint Stock Company) [2020] SGCA 33 (“VTB Bank”) and BWG v BWF [2020] SGCA 36 (“BWF”), the Singapore Court of Appeal examined the issue of what is the appropriate standard of review, when a dispute subject to an arbitration agreement arises, in relation to a debt which forms the basis of a winding-up petition.

11-06-2020 / Maritime

Arbitration analysis: Catherine Earnshaw, partner, Ruaridh Guy, managing associate, and Jenny Efstathiou, senior associate, at Ince, London and Hong Kong, compare and contrast, and consider the practical implications of, two related judgments of the English and Hong Kong courts reviewing previous decisions to grant injunctions in respect of claims arising out of a charterparty and related settlement agreement.

10-06-2020 / Maritime

Trafigura v. Clearlake and Clearlake v. Petrobras (Miracle Hope) [2020] EWHC 995 (Comm)

08-06-2020 / Maritime

Times Trading Corporation v. National Bank of Fujairah (Dubai Branch) (MV Archagelos Gabriel) [2020] EWHC 1078 (Comm)

08-06-2020 / Maritime

Ince, the premier global shipping firm and part of the Ince Group, is pleased to announce that it has accepted an invitation to join the Smart Maritime Network (SMN) with Senior Partner Julian Clark assuming a position on the Smart Maritime Council.

01-06-2020 / Maritime

(1) Splitt Chartering APS (2) Stema Shipping A/S (3) Maibau Baustoffhandel GmbH (4) Stema Shipping (UK) Limited (Claimant) v. (1) Saga Shipholding Norway AS (2) RTE Reseau De Transport D’Electricitie SA and others (Stema Barge II) [2020] EWHC 1294 (Admlty)

27-05-2020 / Maritime

27 May 2020, London: Ince, the international legal and professional services firm, has partnered with global maritime welfare charity Sailors’ Society, one of the largest seafarers’ support charities in the world, to raise awareness for the plight of seafarers. Dubbed the “key workers of the sea”, seafarers are particularly exposed to the effects of the Coronavirus outbreak.

14-05-2020 / Maritime

Hong Kong-based partner Rosita Lau, following her re-appointment to the Hong Kong Maritime Port Board for the third time, received another prestigious accolade.

11-05-2020 / Maritime

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

07-05-2020 / Maritime

Jiangsu Guoxin Corporation Ltd (formerly known as Sainty Marine Corporation Ltd) v. Precious Shipping Public Co. Ltd [2020] EWHC 1030 (Comm) This recent judgment reinforces some important points concerning the prevention principle, notice requirements for time extensions, and the effect of design modifications and non-payment of instalments under an amended SAJ form. The Court found, on an appeal from an arbitration award, that neither the prevention principle applied nor would the yard be entitled to extensions of time for buyer-induced delays where it had failed to serve appropriate notices or exercise other relevant contractual provisions.

07-05-2020 / Maritime

Classic Maritime Inc v. Limbungan Makmur Sdn Bhd and another company [2020] EWHC 619 (Comm) This was the latest dispute under a Contract of Affreightment (“COA”) between Classic Maritime Inc (“Owners”) and Limbungan Makmur Sdn Bhd (“Charterers”), with the Owners claiming damages for unperformed shipments under the COA. In reaching its decision, the Court relied closely on an earlier Court of Appeal judgment relating to the Owners’ claim for damages involving seven unperformed shipments.

06-05-2020 / Maritime

In a recent decision, the Hong Kong courts held that, as of 2009, it was not trade practice for shippers to weigh the container and cargo contents before loading it onto a vessel for carriage between Hong Kong and Guangzhou It may be that this would be the trade practice on other regional and global routes This ruling provides a timely reminder to the liner trade of changes to the law which will be in force in 2016

04-05-2020 / Energy & Infrastructure, Maritime

Golar LNG & Keppel Capital, FLNG Gimi – US$ 700m Senior Secured Term Loan awarded ‘Offshore Project Finance Deal of the Year’.

23-04-2020 / Maritime

Carriers, charterers, traders and shippers commonly experience the issue of original bills of lading arriving late at a port of discharge, thereby depriving the lawful holder or consignee of timely taking delivery of the cargo. This may delay cargo operations, lead to incurrence of demurrage or detention fees, directly or indirectly contribute to port congestion and/or the incurrence of port costs and expenses.

22-04-2020 / Maritime

A Company v. X, Y and Z [2020] EWHC 809 (TCC) In this case, companies of the same group were retained as experts by opposing sides in two related arbitration references in respect of an offshore construction project. The Court found that the whole company group, in its capacity as expert, owed a fiduciary duty of loyalty to their client, which was not inconsistent with an expert’s paramount duty to the Court or Tribunal. On this basis, the Court granted an injunction prohibiting the expert group of companies from acting for another party in the arbitration. This decision highlights the need for clients to be quick in retaining their experts when facing complex marine or offshore disputes, given that the number of experts able to give evidence in relation to these fields in courts and tribunals is very limited.

15-04-2020 / Maritime

There has been much debate about the COLREGS over the last 12 months or so, with many suggesting that it is now time for not just some amendments but a total revision of the Rules. So are the COLREGS still fit for purpose?

15-04-2020 / Maritime

Daelim Corporation v. (1) Bonita Company Limited (2) Eastern Media International Corporation and (3) Far Eastern Silo & Shipping (Panama) S.A. (DL Carnation) [2020] EWHC 697 (Comm)

08-04-2020 / Maritime

Shanghai Shipyard Co Ltd v. Reignwood International Investment (Group) Company Limited [2020] EWHC 803 (Comm) The Commercial Court has recently given an important decision that highlights how the different types of guarantee provided under shipbuilding contracts can have important consequences as to how quickly a demand has to be paid.

07-04-2020 / Maritime

OCBC Wing Hang Bank Ltd v. Kai Sen Shipping Co Ltd (Yue You 903) [2020] HKCFI 375 This recent Hong Kong case confirms the rule that express wording must be used in order to incorporate an arbitration clause from a charterparty into a bill of lading. General words of incorporation will not be sufficient.

07-04-2020 / Maritime

Tricon Energy Ltd v. MTM Trading LLC (MTM Hong Kong) [2020] EWHC 700 (Comm) The Commercial Court has held that where a charterparty requires demurrage to be calculated by reference to bill of lading quantities, and incorporates a demurrage time bar which requires provision of all supporting documents, a claim for demurrage will be time-barred if the shipowner fails to provide copies of the bills of lading within the required time.

03-04-2020 / Maritime

Aspen Underwriting Ltd and others (Appellants) v. Credit Europe Bank NV (Atlantik Confidence) [2020] UKSC 11 In a decision that will be significant for marine and other insurers, the Supreme Court has found that the English courts did not have jurisdiction over claims brought by the hull underwriters of the vessel, Atlantik Confidence, as against the Dutch bank that was the mortgagee of the vessel and also the assignee of the insurance policy and the loss payee. The Supreme Court held that the bank was not bound by the exclusive English jurisdiction clauses in the policy or the settlement agreement with the vessel owners and managers. Nor could the underwriters rely on the special insurance provisions in the recast Brussels Regulation to establish English Court jurisdiction over their claims. The underwriters are now faced with the prospect of pursuing their claims against the bank in the Netherlands.

02-04-2020 / Maritime

The team at Ince recently contributed to the UK chapter of the Chambers And Partners Shipping Guide 2020, which has now been published.

31-03-2020 / Maritime

Last week we successfully completed the first post onset of Covid-19 mortgage amendment for one of our ship owning clients on the Marshall Islands Ship Registry.

25-03-2020 / Maritime

COVID-19 is, unfortunately, everywhere: on our streets, on our news and on our social media. It dominates our work life and our personal lives. The outbreak has spread from China to Iran and Italy and continues to swiftly move into more and more countries.