Latest updates
High court rules on significance of CIF clause to jurisdiction dispute
WSCO Advokatpartnerselskab- Denmark
- April 18 2018
The High Court of Western Denmark recently decided in favour of a Danish cost insurance and freight (CIF) seller in a jurisdiction dispute involving a Czech buyer. The court found that the CIF clause agreed under the International Commercial Terms 2010 stipulated that the place of delivery under the contract was located in Denmark and that the Danish court seized had enjoyed jurisdiction under the EU Brussels I Regulation.
Contact details for new Deputy Ministry of Shipping released
Elias Neocleous & Co LLC- Cyprus
- April 11 2018
The Deputy Ministry of Shipping has announced that the email addresses of its personnel and departments have been changed following its conversion from a department of the Ministry of Transport, Communications and Works to a deputy ministry. To ensure a smooth transition, the existing email addresses of ministry personnel will remain valid until June 30 2018 and departmental email addresses will remain valid until April 30 2019.
Supreme Court rules on determination of LLMC claims
AKD NV- Netherlands
- April 11 2018
The Supreme Court recently ruled on how to determine which claims under the Convention on Limitation of Liability for Maritime Claims 1976 are paid out of the property fund and which are paid out of the wreck fund if a party has chosen to constitute both funds. The judgment is particularly relevant because the Netherlands recently issued a legislative proposal which aims to abolish the wreck fund and introduced unlimited liability for wreck and cargo removal claims.
Conversion claims based on unauthorised creation of lien on cargo
Akabogu & Associates- Nigeria
- April 04 2018
Where a bill of lading holder fails to take delivery within a reasonable time, the carrier may be entitled to land and store the goods at the cost of the bill of lading holder. This common-sense position accords perfectly with the Bill of Lading Act 1856. Although conversion claims based on the creation of unauthorised liens on cargo are maintainable against carriers, cargo holders should remember that this is the case only in specific circumstances.
Colloquium on international recognition of judicial sales
- International
- March 28 2018
The Comite Maritime International (CMI) has been aware that there are challenges relating to the international recognition of judicial sales of ships. As such, the CMI approached the United Nations Committee on Trade Law in order to encourage it to embark on future work on cross-border issues relating to judicial sales. The committee, on its part, encouraged the CMI to hold a colloquium to provide additional information to the commission. This colloquium was recently held in Malta.
Status of progressive storage charges
Akabogu & Associates- Nigeria
- March 21 2018
In a recent Court of Appeal case, the appellant terminal operators challenged the Nigerian Shippers' Council's powers to review local storage charges unilaterally. The judgment gives further judicial impetus to the government's policy intent, particularly with regard to storage operations at the nation's ports. However, it conflicts with an earlier decision by the same court concerning the Nigerian Shippers' Council's role as the economic regulator of the Nigerian ports.
Certificates of competency under International Convention on Standards of Training, Certification and Watchkeeping for Seafarers
Elias Neocleous & Co LLC- Cyprus
- March 21 2018
The Department of Merchant Shipping recently issued an updated list of countries whose certificates of competency are recognised by Cyprus under the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, as amended. The only change from the previous list, issued in November 2014, is the addition of Jordan.
Better late than never: long-awaited reforms to Nautical Code introduced
Dardani Studio Legale- Italy
- March 14 2018
One of the final pieces of legislation that the government enacted before the March 2018 general election was the eagerly awaited reform of the so-called 'Nautical Code'. The changes include a new definition of 'superyachts', the introduction of an electronic registration system for yachts and superyachts, a streamlined cancellation procedure for the Italian yacht registry and restrictions to the occasional chartering regime.
Road carriers face difficulty in establishing CMR force majeure exemptions
AKD NV- Netherlands
- March 14 2018
On January 18 2018, despite severe weather warnings, numerous haulage companies allowed their trucks to take to the roads. As a result, many trucks were blown over, leading to extensive amounts of damage. However, any reliance by road carriers on force majeure for events arising from the storms will be hard to enforce in the Dutch courts. While it is not unthinkable that such a situation might exist, the numerous weather forecasts and code red warnings will have created a heavier burden for carriers.
New holds inspection regulation causes uncertainty and disappointment
Venetucci & Asociados- Argentina
- March 14 2018
Under the new Regulation 693-E/2017, the system for checking the cargo-worthiness of holds and tanks of ships and barges for the export of grains and their products and by-products will be compulsorily applied to all ships. In terms of compliance, ships that meet industrial standards should face no major issues and any attempt from surveyors or inspectors to reject such a ship could be challenged.
Department of Merchant Shipping transformed into deputy ministry
Elias Neocleous & Co LLC- Cyprus
- March 14 2018
The Department of Merchant Shipping has announced that it will be a deputy ministry with effect from March 1 2018 and be renamed the Deputy Ministry of Shipping, following the entry into force of the Establishment of a Deputy Ministry of Shipping and Appointment of a Deputy Minister of Shipping and for Matters Connected Therewith Law 2017. As successor to the Department of Merchant Shipping, the deputy ministry will assume all of the former's rights, responsibilities, powers and obligations.
Recognition of salvors' rights to limit liability
JJR Abogados- Chile
- February 28 2018
A limitation fund was recently constituted in the context of a salvage and towage operation. The plaintiffs opposed the fund's constitution, arguing that, under Chilean law, salvors are not entitled to limit their liability. The Valparaiso Second Civil Court rejected the opposition and upheld the limitation fund. The decision is one of the most relevant substantive decisions in this regard and should provide future certainty in the safeguarding salvors' rights to limit their liability.
New safety requirements for coastal passenger vessels enter into force
Elias Neocleous & Co LLC- Cyprus
- February 21 2018
Article 47A of the Merchant Shipping (Issue and Recognition of Certificates and Marine Training) Laws provides that crew members on-board coastal passenger vessels who have safety duties relating to passengers must meet the mandatory minimum familiarisation and basic safety training and instruction requirements for all seafarers under Regulation VI/I of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers.
Question of jurisdiction for claim against carrier under Brussels I Regulation revisited
WSCO Advokatpartnerselskab- Denmark
- February 21 2018
The Supreme Court recently decided a case on appeal from the Maritime and Commercial Court concerning whether the latter had jurisdiction to hear proceedings that a Danish seller had brought against a Dutch terminal and a Danish carrier following a lost food consignment pursuant to Article 8(1) of the Brussels I Regulation. The Supreme Court reversed the Maritime and Commercial Court's decision and found that the conditions for applying Article 8(1) had been fulfilled.
Appeals court allows recovery of punitive damages for unseaworthiness claim
Fowler Rodriguez- USA
- February 14 2018
The Ninth Circuit recently held that punitive damages are available to seafarers who sustain injuries from unseaworthy conditions under the general maritime law. In doing so, it rejected a previous Fifth Circuit decision. The decision appears to suggest that if an owner knows of the unseaworthiness but does nothing, it is immune from punitive damages; yet, if an owner knows nothing, it may still be subject to punitive damages if the unseaworthy condition is sufficiently egregious in the opinion of the court.
What the International Arbitration Act means for maritime law
Bowmans- South Africa
- February 14 2018
The recent promulgation of the International Arbitration Act gave the United Nations Commission on International Trade Law Model Law on International Commercial Arbitration the force of law in South Africa. Given the cross-border nature of shipping disputes, the act promises to enhance the attraction of what is already a litigation-friendly jurisdiction.
New resolution regulates offshore and port support, cabotage and deep-sea navigation
Kincaid | Mendes Vianna Advogados- Brazil
- February 07 2018
The National Agency for Waterway Transportation recently published Normative Resolution 18, regulating the rights and duties of users, intermediary agents and companies operating in offshore and port support, cabotage and deep-sea navigation and establishing administrative infractions. The normative has ultimately introduced innovations into this field – for example, regarding the regulation of intermediary agents and refusals to provide maritime transport services.
Laytime and demurrage in wet cargo trade
Akabogu & Associates- Nigeria
- February 07 2018
While delay can be expensive for a shipowner which suffers loss where a charterer delays the loading and discharge operation, a charterer should not be made to pay demurrage for such delay where it can be proven that it was not at fault. It is imperative to ensure that, before executing the contract of carriage, both parties are clear on the laytime and clauses regarding where a charterer is relieved of its obligation to pay demurrage.
Court examines whether liability for damage to cargo can be limited to $500 per package
WSCO Advokatpartnerselskab- Denmark
- February 07 2018
A recent Maritime and Commercial Court case concerned liability for damage to a container transported from Denmark to the United States. The bill of lading included a network liability clause which limited liability to $500 per package when damage or loss occurred during sea carriage or where the damage occurred could not be localised. The court found that the damages had been caused during the land transport leg in the United States and therefore the carrier's liability could not be limited.
Renewal of civil liability certificates
Elias Neocleous & Co LLC- Cyprus
- February 07 2018
The Department of Merchant Shipping recently issued a reminder to registered owners, bareboat charterers, managers and representatives of Cyprus-flagged ships regarding the renewal of civil liability certificates. The expiry date for most existing certificates is February 20 2018 and there has been an unprecedented delay in the submission of renewal applications. The department therefore urges parties that require a renewal to apply without further delay.
