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Shipping & Transport

31 July 2019
Jesper Windahl Direct action, choice of law and time limitation

Denmark - WSCO Advokatpartnerselskab

The Maritime and Commercial High Court recently examined a direct action claim against a Dutch freight liability insurer in a carriage of goods by road dispute involving a bankrupt carrier and a Danish manufacturer of cigarettes. The premise relied on by the court in this matter, if not appealed, may seem ripe to undermine some insurance policies between liability insurers and international carriers, including proper law provisions and time limitation under a policy.

Authors: Jesper Windahl, Rósing Rasmussen
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Sebastiaan Moolenaar How to prepare for new Incoterms

International - AKD

The International Chamber of Commerce is set to launch a new version of the Incoterms rules – the globally used, standardised set of trade terms for the international sale and delivery of goods. Although the new rules will not take effect until 1 January 2020, parties involved in the international sale and delivery of goods should use the impending introduction of the new rules as an opportunity to review their existing contracts and standard delivery terms and determine whether they are being used correctly.

Author: Sebastiaan Moolenaar
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Wrongful vessel arrest in collision claim

Malaysia - Shearn Delamore & Co

In a recent case, a plaintiff claimed that the defendant's vessel had collided into its vessel. To stop the plaintiff from arresting the vessel, the defendant obtained a letter of undertaking from the London Protection and Indemnity Club. However, notwithstanding the issue of the first letter of undertaking, the plaintiff arrested the vessel. The defendant subsequently asked the court to, among other things, declare the first letter of undertaking binding on the parties and set aside the warrant of arrest.

Author: Rajasingam Gothandapani
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Victor Onyegbado Suppression of Piracy and Other Maritime Offences Act 2019: a review

Nigeria - Akabogu & Associates

The president recently assented to the Suppression of Piracy and Other Maritime Offences Bill, successfully concluding almost a decade of advocacy to implement such a law in order to curb and deter sea piracy, armed robbery and other unlawful acts at sea. The new law has ended the controversy around whether the crime of sea piracy is defined in any local legislation and bestowed on the Federal High Court exclusive jurisdiction to determine matters of armed robbery and other unlawful acts at sea.

Author: Victor Onyegbado
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Eleanor Midwinter The bunker balance – owners consider liquefied natural gas in advance of 2020

International - Wikborg Rein

Authors: Eleanor Midwinter, Ina Lutchmiah
Godofredo Mendes Vianna Appellate court rules that subrogated insurers assume same rights and limitations as assureds

Brazil - Kincaid | Mendes Vianna Advogados

Authors: Godofredo Mendes Vianna, Rodrigo Cotta
Marco G Remiorz Carrier liability for loss of goods and delayed delivery

Germany - Arnecke Sibeth Dabelstein

Authors: Marco G Remiorz, Katharina Schmidtke
Michael Harowski Supreme Court precludes punitive damages for unseaworthiness claims

USA - Wilson Elser

Authors: Michael Harowski, Ashley Bane
Brian Dardani Back to formalities: recap fixture held insufficient evidence of charter contract

Italy - Dardani Studio Legale

Author: Brian Dardani
Jeremy Prain Ship arrests: revisiting 'genuine and reasonable' need for security

South Africa - Bowmans

Author: Jeremy Prain
Stephan Erbe FDFA opens consultation procedure on CLNI 2012

Switzerland - ThomannFischer

Author: Stephan Erbe
Costas Stamatiou New policy on registering vessels in Cyprus Register of Ships

Cyprus - Elias Neocleous & Co LLC

Authors: Costas Stamatiou, Vasileios Psyrras