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Shipping & Transport

20 January 2021
Jesper Windahl Court finds that charter agreement was binding despite failure to perform conditional test of vessel

Denmark - WSCO Advokatpartnerselskab

The Maritime and Commercial Court recently ruled that a charter agreement was binding on a charter even though a conditional test of the vessel was not performed. This decision shows that a party which wishes to enter into a conditional chartering agreement must formulate the condition clearly and, in negotiations on the conclusion of the agreement, maintain the reservation in question.

Author: Jesper Windahl
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Michael Paul Agius Maritime Labour Convention amendments incorporated into Maltese law

Malta - Fenech & Fenech Advocates

Malta recently implemented the amendments to the Maritime Labour Convention 2006 into domestic law. As one of the largest ship registries in the world, these changes will have a significant impact on the world's shipping workforce. The new amendments can be divided into two parts introduced in the form of standards: one on seafarers' employment agreements and one on wages. A third amendment, which refers to specific entitlements, was introduced in the form of a guideline.

Author: Michael Paul Agius
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Markus Laurantzon Beefing up emission and fuel standards in the Arctic

Norway - Wikborg Rein

The 75th session of the International Maritime Organisation Marine Environment Protection Committee recently approved a ban on the use and carriage of so-called 'heavy fuel oil' in the Arctic. The proposed amendments are expected to be formally adopted in June 2021. However, more stringent standards have already been proposed by the Norwegian government for the area surrounding Svalbard.

Authors: Markus Laurantzon, Nina M Hanevold-Sandvik
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Nikhil Datta Imposing conditions to contractual consent – is it reasonable?

United Kingdom - Wikborg Rein

The Commercial Court recently provided guidance on the interpretation of consent provisions in a transport and processing agreement where such consent was not to be "unreasonably withheld". The issue of withholding consent arises regularly under long and short-term shipping charterparties. A key takeaway from this judgment is that to establish whether consent may be withheld, the parties' bargain as a whole must be considered and not the consent provision in isolation.

Authors: Nikhil Datta, Jonathan Page
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Michael Harowski Congress confirms that Jones Act applies to offshore wind farm activities

USA - Wilson Elser

The US wind energy sector has been growing, with a substantial focus on offshore wind farm development. One significant factor in such developments is the regulatory requirements applicable to vessels involved in the construction and maintenance of the offshore wind farm structures. Until recently, a significant question remained unresolved: whether the Jones Act coastwise trade requirements apply to vessels involved in wind farm construction.

Author: Michael Harowski
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Recent updates

Barbara Wilbrink Theft of luxury watches from storage raises questions over carrier liability

Netherlands - AKD

Author: Barbara Wilbrink
Camila Mendes Vianna STJ confirms five-year limitation period for collection of demurrage of containers in maritime transport

Brazil - Kincaid | Mendes Vianna Advogados

Authors: Camila Mendes Vianna, Paulo Fernandes
Jesper Windahl Time limitation for recourse claim against sea carrier cannot be more than two years from cargo delivery date

Denmark - WSCO Advokatpartnerselskab

Author: Jesper Windahl
Ricardo Rozas Protocol for detection of suspected COVID-19 cases in Chilean ports

Chile - JJR Abogados

Author: Ricardo Rozas
Nina M Hanevold-Sandvik Maritime casualties in the High North

Norway - Wikborg Rein

Authors: Nina M Hanevold-Sandvik, Markus Laurantzon
Shawn Kirby Arbitrator bias and duty of disclosure in shipping arbitration: Supreme Court adopts pragmatic approach

United Kingdom - Wikborg Rein

Authors: Shawn Kirby, Alex Hookway
Marco Manzone Supreme Court rules on defence of lack of jurisdiction due to state immunity

Italy - Dardani Studio Legale

Authors: Marco Manzone, Luca Di Marco
Mark Santangeli Vessel registration in the Cayman Islands

Cayman Islands - Ogier

Authors: Mark Santangeli, Tommy Tuohy, Cline Glidden