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Shipping & Transport

19 February 2020
Jeremy Prain Court's discretion trumps International Arbitration Act in admiralty case

South Africa - Bowmans

In 2017 South Africa promulgated the International Arbitration Act (IAA) with a view to creating a viable arbitral forum on the African continent to resolve international disputes. Although the IAA is still in its infancy, the Supreme Court of Appeal recently delivered an important judgment which illustrates the tension created by the overlapping boundaries of the IAA and the High Court's well-established admiralty jurisdiction under the Admiralty Jurisdiction Regulation Act.

Author: Jeremy Prain
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Michael Harowski Fifth Circuit confirms Dorion test for maritime contracts

USA - Wilson Elser

The US Fifth Circuit Court of Appeals recently confirmed the Dorion test for determining whether a contract is a maritime contract and extended the test to all mixed service contracts. Whether a contract is 'maritime' is a vital distinction for anyone operating in the maritime or offshore industries in the United States, as it can have far-reaching implications with respect to governing law, risk allocation and the enforceability of contractual indemnity provisions.

Author: Michael Harowski
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Recent updates

Stephan Erbe Ship mortgages under Swiss law

Switzerland - ThomannFischer

Author: Stephan Erbe
Robert Joiner How many attacks does it take to make Strait of Hormuz unsafe?

United Kingdom - Wikborg Rein

Author: Robert Joiner
Emeka Akabogu Demystifying ship arrests in Nigeria

Nigeria - Akabogu & Associates

Author: Emeka Akabogu
Marco Manzone Sea Watch 3: can coastal states limit right of innocent passage?

Italy - Dardani Studio Legale

Author: Marco Manzone
Jesper Windahl Theft of tobacco from trailer not covered under cargo insurance as transport had not commenced

Denmark - WSCO Advokatpartnerselskab

Author: Jesper Windahl
Ole Andenæs Shipping project finance: new regulatory intricacies

Norway - Wikborg Rein

Authors: Ole Andenæs, Birgitte Karlsen, Jens Fredrik Bøen
Geir Ove Røberg Contractual options for stranded assets

International - Wikborg Rein

Authors: Geir Ove Røberg, Andreas Fjærvoll-Larsen, Mads Ødeskaug
Lina Wiedenbach Carrier liability for contaminated liquid bulk cargo – contributory negligence of shipper

Germany - Arnecke Sibeth Dabelstein

Authors: Lina Wiedenbach, Marco G Remiorz