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M-info

Blogs on maritime case law and a few other things

Dec 31, 20201 min read

MARPOL violations in US

MARPOL violations, typically of Annex I, on high seas is not uncommon and one state that has been aggressively pursuing such is US....

Dec 31, 20201 min read

Voyage charter

Laytime stops if discharge is delayed by government interferences?

Submitting false documents for clearance of cargo is never a good idea. In the case of The Muammer Yagci [2018], it led to a 4.5 month...

Dec 31, 20201 min read

Other

Do cruise liners have a duty to warn passengers about dangers of sexual crimes on ships?

The Sun says cruise ships are cities without police! One of the crimes which is a problem is sexual assault. The question before a US...

Dec 31, 20201 min read

Limitation of liability

Do duck boats & paddle boards have a close enough nexus to 'maritime'?

One of the hallmarks [and peculiarities] of maritime law is the right accorded to ship owners, charterers, operators etc. to limit their...

Dec 31, 20201 min read

Ship Sale & Purchase

Can cash buyers of vessels to be scrapped deploy them for trade?

What if a vessel is sold for scrapping with a ‘for demolition only’ clause in the agreement, but buyers end up trading the vessel. Is...

Dec 31, 20201 min read

GHG

States risk being made liable for not doing enough to tackle climate change!

Across continents climate change litigation is picking up. Many see it as the only way forward to arm twist states to [aggressively] cut...

Dec 31, 20201 min read

Limitation of liability

Who is the ‘operator of the ship’ for purposes of LLMC'76?

Rooted in antiquity is limitation of liability, a distinctive feature of maritime law that allows certain persons or entities to limit...

Dec 31, 20201 min read

GHG

Greenpeace activists on off-shore structures

Greenpeace activists have been protesting for nearly half a century against environmental destruction. Most recently they climbed...

Dec 31, 20201 min read

Cyber

Bank transfer scam a reason to not honour payment obligations?

If the buyer (or debtor) is a victim of a bank transfer scam, then can they argue that because payment was made in good faith (even...

Dec 31, 20201 min read

MLC

Crew wages, MLC and AMSA

AMSA is one of the few port state control authorities that comes down hard on ship owners who underpay its crew. Over the years many...

Dec 31, 20201 min read

Bunkers

ISO 8217 parameters

In The Nounou [2020], cargo of HFO from multiple shore tanks was loaded onto the vessel with the intention of blending it onboard to meet...

Dec 31, 20201 min read

Bill of lading

Shippers, unpaid freight & switch B/Ls

Unpaid freight and switch bills of lading – does the original shipper cease to be liable? llawarra Fortune was voyage chartered by...

Dec 31, 20201 min read

Covid-19

Covid & 'fear' cases against cruise liners

Can cruise ship passengers bring a ‘fear’ case for emotional distress against the owners even though they did not manifest any symptoms...

Dec 31, 20201 min read

Class

Cargo insurance, Institute Classification Clauses & ship's Class

Classification of a vessel with a member society of IACS is usually considered as a yardstick by insurers to judge whether the risk can...

Dec 31, 20201 min read

Scrapping

Scrapping a ship in an unapproved yard & owners' liability for death of workers

Scrapping the ship in an unapproved or uncertified yard? English court’s decision in The Ekta [2020] may just have added another element...

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M-info

Blogs on maritime case law and a few other things

Contributors:

Siddharth Mahajan

Nishant Dhyani

Views expressed by the authors are their own and not that of the organization they work for.

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