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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)

08-02-2022 / Maritime

DHL Project & Chartering Ltd v. Gemini Ocean Shipping Co Ltd (Newcastle Express) [2022] EWHC 181 (Comm) In this recent charterparty dispute, the Commercial Court has set aside an arbitration award on the basis that the Tribunal had no jurisdiction to rule in circumstances where the parties had not concluded a binding contract (or arbitration agreement) after conditions to which the fixture were expressed to be subject (“subjects” or “subs”) were not lifted.

25-01-2022 / Maritime

On 24 January 2022, the China Business Law Journal announced their The A-List 2021, which recognises the Top 100 Chinese Elite Lawyers in China.

18-01-2022 / Insurance, Maritime

The firm maintained its high rankings in Shipping and Insurance across China and Hong Kong jurisdictions.

18-01-2022 / Maritime

The Legal 500 Asia Pacific 2022 results have been published; our shipping practice in China and Hong Kong retained their Tier 1 ranking, and partners Paul Ho and David Beaves ranked as "Hall of Fame" for a second consecutive year since its inception in 2020. Rosita Lau was also ranked in the “Hall of Fame” for a third consecutive year. Ince has the largest number of “Hall of Fame” shipping lawyers from a single firm on the list.

23-12-2021 / Maritime

We know that the Glasgow Climate Pact was agreed at COP 26, emphasising the urgent need for a rapid and sustained decline of global greenhouse gas (GHG) emissions. The Marine Environment Protection Committee’s 77th meeting (MEPC 77), held two weeks after, was considered by many as a key test of IMO’s ability to act upon the Paris Agreement targets by delivering a number of GHG reduction measures.

21-12-2021 / Maritime

This was a dispute over whether an associate company of the charterers was entitled to limit its liability in respect of a barge that was involved in an incident off Dover that resulted in a claim for about Euros 55 million worth of damage.

20-12-2021 / Maritime

Nord Naphtha Ltd v. New Stream Trading AG [2021] EWCA Civ 1829

15-12-2021 / Maritime

Meet the Seatrade Maritime 20 Under 40: Leaders of Tomorrow

03-12-2021 / Maritime

Herculito Maritime Ltd & others v. Gunvor International BV & others (Polar) [2021] EWCA Civ 1828

26-11-2021 / Maritime

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

25-11-2021 / Maritime

The recent, and very important, UK Supreme Court decision in Alize 1954 & another v. Allianz Elementar Versicherung & others (CMA CGM Libra) [2021] UKSC 51 has provided a timely and salutory reminder to shipowners and operators of the importance of being able to demonstrate that their ship is seaworthy if they are successfully to defend claims brought against them by cargo interests and others.

24-11-2021 / Maritime

Navig8 Chemical Pools Inc v. Aeturnum Energy International Pte Ltd (Navig8 Ametrine) [2021] EWHC 3132 (Comm)

24-11-2021 / Maritime

K Line PTE Ltd v. Priminds Shipping (HK) Co Ltd (Eternal Bliss) [2021] EWCA Civ 1712

23-11-2021 / Maritime

Readie Construction Limited v. Geo Quarries Limited [2021] EWHC 3030 (QB)

22-11-2021 / Maritime

Sung-Hwan (SD) Choi, Partner, moderated the session 'Focus on Korea Ship Finance: International and Domestic Outlook and Opportunities at the Marine Money Virtual Korea conference'.

18-11-2021 / Maritime

The Court has considered which time zone applies to determine the date of completion of discharge for the purposes of deciding whether notification of a demurrage claim was made too late. In their article, Natalie Jensen and Monika Humphreys-Davies review the decision and explain why the Court held that it was the time zone at the place of discharge.

16-11-2021 / Maritime

These are some key takeaways arising out of COP26 affecting the maritime sector

11-11-2021 / Maritime

Alize 1954 and CMA CGM SA v. Allianz Elementar Versicherungs AG & Others (CMA CGM Libra) [2021] UKSC 51

19-10-2021 / Maritime

On 31 December 2020, the Brexit transition period ended. As a result, the UK’s regime for recognising and enforcing judgments within Europe ceased to be governed by the Brussels regime, primarily the recast Brussels Regulation (EU member states), and the Lugano Convention 2007 (EU member states, Iceland, Norway and Switzerland).

18-10-2021 / Maritime

Maritime Week Gibraltar 2021 is a highly informative, multi-format interactive event, designed to showcase the many shipping, port and maritime services offered in Gibraltar to a wider international audience.

18-10-2021 / Maritime

Salt Ship Design AS v. Prysmian Powerlink SRL [2021] EWHC 2633 (Comm)

11-10-2021 / Energy & Infrastructure, Maritime

This article is the third in a series of articles looking at the impact of the African Continental Free Trade Area (the “AfCFTA”) on various practice areas and industry sectors that our clients operate in. This article focuses on Energy and Infrastructure and addresses some of the key questions our clients have asked us.

07-10-2021 / Maritime, Yachts & Superyachts

“I am regularly instructed on behalf of yacht owners and their liability underwriters to defend crew mental health claims made against them, a trend which had been increasing for several years now,” starts Rachel Butlin, partner at Ince. “Within the yacht industry, I have been involved in many cases in which there have been not just physical injuries to yacht crew but increasingly psychiatric ones, including anxiety and post-traumatic stress disorders, as well as depression and the emotional consequences of bullying/assault.”