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& Ince, in any case

16-09-2022 / Maritime

The committee responsible for addressing environmental issues under the remit of the IMO is the Marine Environment Protection Committee (MEPC). Amongst several of its environmental safeguarding initiatives, the MEPC’s work includes the control of emissions from ships, including greenhouse gas emissions.

14-09-2022 / Maritime

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

13-09-2022 / Maritime

“Our vision is that the UK in 2030 will continue to be a leading responsible and democratic cyber power, able to protect and promote our interests in and through cyberspace in the support of national goals.”

08-09-2022 / Maritime

OCM Maritime Nile LLC & Anor v. Courage Shipping Co Ltd & Others (Courage and Amethyst) [2022] EWCA Civ 1091 This case concerned an alleged Event of Default under a finance bareboat charter and owners’ rights to terminate and raised issues of general importance under bareboat charters.

07-09-2022 / Maritime

Eastern Pacific Chartering Inc v. Pola Maritime Ltd (Divinegate) [2022] EWHC 2095 (Comm) The Court has recently dismissed a claim for wrongful arrest in an underperformance dispute and also given helpful guidance as to how speed and performance cases are to be approached.

02-09-2022 / Maritime

Dual-Qualified Partner, Stefanie Johnston, led the team from Ince, assisted by Iain Franklin, Senior Associate, following a Scottish instruction to act on behalf of Mr. Steven Davie, who was being prosecuted for alleged breaches of the Merchant Shipping Act 1995 and The International Regulations for Preventing Collisions at Sea 1972 (“COLREGS”). The defence at trial was conducted by David Nicolson, advocate from Compass Chambers. Mr. Davie’s legal team successfully secured his acquittal at Inverness Sheriff Court.

02-09-2022 / Maritime

In this article, Ince and Windward jointly consider the new phenomenon of Russian grain laundering, and the legal exposure for the maritime industry.

18-08-2022 / Maritime

15-08-2022 / Maritime

The publication provides in-depth analysis of laws and regulations across 34 jurisdictions and features two expert analysis chapters, discussing recognition of electronic trade documents and the maritime industry.

10-08-2022 / Maritime

Kirkwood v. Thélem Assurances [2022] CSOH 53 A recent Outer House Opinion has provided welcome clarity on the recovery of English solicitors’ fees in the Scottish Courts.

02-08-2022 / Maritime

Sea Master Special Maritime Enterprise & another v. Arab Bank (Switzerland) Ltd (Sea Master) [2022] 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.

20-07-2022 / Maritime

MV Pacific Pearl Co Ltd v. Osios David Shipping Inc (Panamax Alexander) [2022] 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.

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.

13-07-2022 / Maritime

NKD Maritime Limited v. Bart Maritime (No 2) Inc (Shagang Giant) [2022] 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. 

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.

14-06-2022 / Maritime

Paul Knapfield v. C.A.R.S. Ltd & others [2022] 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.

14-06-2022 / Maritime

BIMCO has recently published CONVERSIONCON, a new standard form contract for conversion projects. The authors of this article were honoured to be part of the drafting team tasked with developing and producing the first industry standard form contract for conversion projects.

10-06-2022 / Maritime

As we move past the vertex of a U-shaped dip in the global shipping sector caused by supply chain restrictions arising from the COVID-19 pandemic, it is worthwhile to look back at the UAE maritime industry’s growth, lessons learned, and development outlook. Although international maritime trade dropped by 4.1 per cent in 2020, the UAE made significant achievements during this period, ranking third globally in the Bunker Supply Index, and fifth globally as a key competitive maritime hub.

06-06-2022 / Insurance, Maritime

Piraeus Bank A.E. v Antares Underwriting Limited and others (The ZouZou) [2022] EWHC 1169 (Comm)

01-06-2022 / Maritime

Ince is growing its Piraeus office with the addition of three shipping litigators, three ship finance experts, and an additional mariner to the admiralty team.

30-05-2022 / Maritime

Wilforce LLC and Awilco LNG AS v. Ratu Shipping Co SA and Sea Queen Shipping Corporation (Wilforce v. Western Moscow) [2022] EWHC 1190 (Admlty) The Admiralty Court has recently handed down judgment in the case of the collision between the LNG carrier Wilforce and the bulk carrier Western Moscow which took place in the Singapore Straits in May 2019. This case is notably the first collision case to come before the Admiralty Court since the Supreme Court handed down its judgment in the Ever Smart collision case. It is also the first case in which the Court has had to consider responsibility for a collision in a Precautionary Area.

26-05-2022 / Maritime

We are proud to announce Ince is recognised as a top-tier shipping firm again in the latest edition of the Benchmark Litigation Asia-Pacific 2022 guide. Additionally, partners Rosita Lau and Max Cross are named as “Litigation Stars” in Shipping.

25-05-2022 / Maritime, Real Estate

16-05-2022 / Maritime

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

09-05-2022 / Maritime

Laysun Service Co Limited v. Del Monte International GMBH [2022] EWHC 699 (Comm) This was a dispute under a contract of affreightment, in which the arbitral tribunal made an award in the Charterers’ favour. The Owners subsequently appealed, alleging that the tribunal had erred in its findings on issues of law. The Court, however, dismissed the challenge, concluding that the Owners were in fact seeking to impugn the arbitrators’ findings of fact, which were not open for appeal.

09-05-2022 / Maritime

In April 2022, the Intergovernmental Panel on Climate Change (IPCC) published the Working Group III report on “Mitigation of Climate Change”, the third instalment of the IPCC’s Sixth Assessment Report. This follows the Working Group I report on “The Physical Science Basis” and the Working Group II report on “Impacts, Adaptation and Vulnerability”.

09-05-2022 / Maritime

The Law Commission of England and Wales has now published its final report on electronic trade documents, together with draft legislation for intended presentation to Parliament by May 2022.

04-05-2022 / Maritime

Unicredit Bank AG v. Euronav NV (Sienna) [2022] EWHC 957 (Comm) This was a claim brought by a bank that financed the purchase of a cargo and subsequently sought to recover damages for misdelivery following discharge of the cargo without production of the original bill of lading. The claim failed because, in the circumstances of this case, the bill of lading that had been endorsed to the Bank did not contain or evidence the contract of carriage in respect of the cargo.

27-04-2022 / Maritime

In a charterparty dispute, the Court has set aside part of an arbitration award on the grounds that the arbitrator reached a conclusion that was contrary to the common position of the parties, and for which neither party contended, without providing an opportunity for the parties to address him on the issue. In the circumstances, this represented a failure to conduct the proceedings fairly. The decision provides useful guidance on how to proceed where a tribunal makes an obvious mistake in its award but declines to remedy it.

26-04-2022 / Maritime

The English Court has granted an anti-suit injunction to restrain court proceedings brought in Brazil because they breached a charterparty arbitration provision. Anti-suit relief was appropriate because the relief obtained from the Brazilian Court had not been sought in support of substantive proceedings elsewhere but in effect amounted to a determination that left nothing substantive to be decided in arbitration.

12-04-2022 / Maritime

We were delighted to be part of the Marine Money London Ship Finance Forum on 11 April 2022.

08-04-2022 / Maritime

OCM Maritime Nile LLC & Anor v. Courage Shipping Co Ltd & Others (Courage and Amethyst) [2022] EWHC 452 (Comm)

01-04-2022 / Maritime

Decree No. 34 of 2021 concerning the Dubai International Arbitration Centre (the ‘Decree’) came into force in September 2021 and aimed to streamline arbitration in Dubai by amalgamating it under one institution – the Dubai International Arbitration Centre (‘DIAC’). For a summary of the Decree’s contents.

28-03-2022 / Maritime

Our collaboration with Demurrage Desk combines integrated expert demurrage and laytime insights with legal advisory on claims and disputes, elevating demurrage processes to a higher standard

25-03-2022 / Maritime

On 25 March 2022, the Hong Kong Government announced the appointed individual members and institutional members of the next term (April 2022 to March 2024) of the Hong Kong Maritime and Port Board (HKMPB), and Partner Rosita Lau is re-appointed for the fourth time as a member of the Board in her personal capacity, and is also appointed as the new Chairperson of the Promotion and External Relation Committee of HKMPB.

21-03-2022 / Maritime

This dispute, arising out of the sale and purchase of a quantity of crude oil, involved a number of contractual issues that commonly arise in commodities cases. Among other things, the Court considered what the terms of the sale contract were, whether there was a breach of the quality provisions and what was the appropriate measure of damages. Interestingly, the Court decided that this was not a “battle of the forms” scenario so the “last shot” doctrine did not apply in determining when the agreement was concluded and on what terms.

16-03-2022 / Insurance, Maritime

Quadra Commodities SA v XL Insurance Company SE & Ors [2022] EWHC 431 (Comm) This recent High Court case deals with a claim arising from the “Agroinvestgroup Fraud” which affected the Ukrainian agribusiness in early 2019. It provides useful guidance on the interpretation of all-risks cargo policies and, for the first time, how the Courts will treat claims for late payment damages under section 13A of the Insurance Act 2015.

16-03-2022 / Maritime

We have recently appointed Partners Mohamed El Hawawy and Alastair Holland as new Joint Managing Partners of our Dubai office. Mohamed and Alastair’s broad and extensive sector expertise, as well as their combined experience and networks in the UAE, strongly position them to lead our presence in the Middle East. As new Joint Managing Partners, they remain unequivocally committed to our clients and look forward to progressing our growth plans within the region.

09-03-2022 / Maritime

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

09-03-2022 / Maritime

MUR Shipping BV v. RTI Ltd [2022] EWHC 467 (Comm) This dispute related to Owners’ purported exercise of a force majeure provision in a contract of affreightment in response to Charterers’ difficulties paying freight in US dollars (the contractual currency of payment) due to the impact of US sanctions on Russia. Allowing an appeal from the arbitral tribunal’s decision on this point, the Court held that the “reasonable endeavours” requirement in force majeure clauses did not require Owners to accept non-contractual performance and so did not oblige Owners in this case to accept payment in Euros instead of US dollars.

08-03-2022 / Maritime

As developments in Ukraine unfold, the international response to the situation is evolving on a daily basis.

02-03-2022 / Maritime

Following recent developments in Ukraine, the international community has acted quickly in introducing sanctions against Russia, targeting a number of Russian entities and Russian individuals, including specified shipping companies and their vessels, as well as financial institutions. Key are the US, EU and UK sanctions against Russia. The scope of these sanctions is continuously evolving in response to the escalating situation and it is important for those who may be impacted to keep a close eye on daily developments.

02-03-2022 / Maritime

In a development that will have a potentially wide-ranging impact on shipping, the UK has introduced a prohibition on Russian-connected ships from (i) using UK ports and (ii) being registered in the UK.

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.

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.

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.

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.

15-02-2022 / Maritime

The UK Government has introduced amendments to the UK sanctions on Russia, which came into force at 5pm UK time on 10 February 2022 and which significantly increase the scope to sanction entities linked to the Russian Government and those involved across the Russian economy.

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.

09-02-2022 / Maritime

Salt Ship Design AS v. Prysmian Powerlink SRL [2021] EWHC 3583 (Comm)