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Just maritime
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SIRE inspector taking OCIMF to court
When was the last time we heard of OCIMF being taken to court for withdrawing a SIRE (vetting) inspector’s accreditation? Capt.A.Rashid v...
Jan 6, 20191 min read
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House B/L issued by a freight forwarder is the same as a B/L?
Can a house bill of lading issued by a freight forwarder be characterized as a B/L? In other words, is the holder of a house B/L provided...
Dec 30, 20181 min read
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Cargo of coffee damaged by condensation & 'inherent vice' defence under Hague rules
A highly debated area - 'burden of proof in cargo claims', provided with much needed clarity last month by the UK Supreme Ct. in Volcafe...
Dec 23, 20181 min read
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Scrapping ships in non-EU approved yards can have consequences for mariners too!
Last week, a Dutch court fined a shipowner as they had beached a vessel in India in 2013 in violation of EU waste shipment regulations...
Dec 23, 20181 min read
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Piracy & seafarer employment contracts
Amalgam of multiple issues such as piracy, seafarer employment contracts, CBAs, arrest of ship and sister ship – is what makes The...
Dec 23, 20181 min read
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Sales contract & C/P are separate documents
In Gunvor v Crugas [2018] a sales contract was concluded for sale of gasoline CIF Hoeeidah. It required the buyer to pay “demurrage as...
Dec 23, 20181 min read
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Vessel waiting for orders - a demurrage or detention claim?
In the absence of a clause giving a party the right to direct the vessel to wait for orders, they nonetheless order the vessel to wait...
Dec 16, 20181 min read
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The Prestige sage - criminalization of seafarers & little regard for int'l compensation regimes
The recent Spanish top court's ruling in one of the many legal proceedings which followed after the sinking of 'Prestige' in 2002 has...
Dec 16, 20181 min read
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Unreasonable delay in exercising maritime lien can extinguish it
In the present age we don’t often see owners relying on the ‘doctrine of laches’ to defeat a maritime lien primarily because the...
Dec 16, 20181 min read
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Himalaya clause & downstream carriers
Good old Himalaya clause to the rescue of downstream carriers in a $1.6m claim. In Royal Smit v. Onego [2018], cargo owners contracted on...
Dec 9, 20181 min read
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Deviating to pick up a crew member to comply with SMC. Is it 'reasonable'?
Can deviating to pick up a crew member to comply with SMC (Safe Manning Certificate), be considered as ‘deviating for reasonable...
Nov 25, 20181 min read
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Forum shopping for limitation following a collision - Sanchi & CF Crystal
There is no natural forum for a collision case and this can lead to multiplicity in proceedings as was seen most recently in The Sanchi....
Nov 25, 20181 min read
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Maritime lien for physical bunker suppliers (OW bunkers saga)
Following the financial collapse of OW Bunkers, the physical suppliers of ship bunkers have been threatening to or arresting vessels to...
Nov 25, 20181 min read
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Detained by USCG for bypassing OWS - owners claiming for unreasonable delay to ship's departure
In The Antonis G. Pappadakis [2018], ship owner tried claiming damages from USCG for unreasonable departure delay after the vessel which...
Nov 18, 20181 min read
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Climate change - litigation against States not that uncommon
A Dutch appeals court in its landmark (and highly progressive) ruling on climate change, made a subtle yet important reference (which...
Nov 11, 20181 min read
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