Repatriation and financial security for seafarers: amendments to Maritime Labour Convention

Every so often, an obvious problem is actually spotted and remedied by those who have the power to do so, rather than lingering on indefinitely while everyone knows precisely what needs to be done. The International Labour Organization (ILO) has adopted amendments to the Regulations implementing the Maritime Labour Convention, seeking to remedy some gaps left in the law by the original text.

Shipping, Practice and Policy

First Turkish limitation fund court decision: intent or no intent?

Turkey’s legal practice has improved considerably in recent times. The new Turkish Commercial Code, No 6102 (TCC) was enacted and came into force on 1 July 2012. Up to that point, Turkish judicial practice had been struggling with the application of international conventions due to some poor interpretations and a lack of profound and precise legal construction.

Liability, Regulation

Insurance law reform and marine insurance

On 17 and 29 July 2014 the Insurance Bill, over which the Law Commission of England and Wales has laboured since 2006, had its first and second readings in the House of Lords. The intention is that it should undergo a special speeded-up procedure and be enacted by March 2015. Although entry into force is likely to be at least a year later, an early decision is necessary if the Act is to enter into force within our lifetimes.

Insurance, Regulation

Nairobi Wreck Removal Convention to enter into force

After 46 years of negotiations within the International Maritime Organization (IMO), and with the Nairobi International Convention on the Removal of Wrecks, agreed in Nairobi in 2007, entering into force on 14 April 2015, the issue of wreck removal will finally become regulated at an international level.

Pollution & Salvage, Regulation

Wilful, reckless and uninsurable?

Was it wilful? Was it misconduct? The recent Canadian Supreme Court Decision in Peracomo Inc and Others v TELUS Communications Co and Others (The Realice) restores order on the limitation issue: the Supreme Court reversed the Court of Appeal’s decision to break limitation on the basis that Mr Vallée had not had the requisite intent to cause the damage that resulted (“recklessly and with knowledge that such loss would probably result”).

Liability, Regulation

Law Commissions’ reform proposals on marine and commercial insurance – “yay” or “nay”?

In April 2013, a symposium organised by the Institute of International Shipping and Trade Law, Swansea University, on the recent Law Commissions’ reform proposals on business insurance, shed some light on the views of the main stakeholders in the market, and what direction the Law Commissions are likely to take.

Commercial, Insurance, Regulation

P&I Clubs and competition law

In August 2010 (IP/10/1072), the Commission initiated a market investigation with shipowners, brokers and commercial insurers on the basis of Regulation (EC) No 1/2003 and Commission Regulation (EC) No 773/2004. The object of scrutiny of the investigation were certain provisions accompanying claim-sharing and joint reinsurance agreements of P&I Clubs in the marine insurance sector.

Insurance, Regulation

Nidera BV v Venus International Free Zone for Trading and Marine Services SAE [2014] EWHC 2013 (Comm)

Sale of goods – Export licence – FOB buyer extending shipment period under GAFTA 49

Sale of Goods, Contracts

Falkonera Shipping Co v Arcadia Energy Pte Ltd (The “Falkonera”), [2012] EWHC 3678 (Comm); [2014] EWCA Civ 713

Charterparty BPVOY4 – Approval of vessel for STS transfer withheld by owners – Whether unreasonable

Contracts

Sun United Maritime Ltd v Kasteli Marine Inc (The “Imme”) [2014] EWHC 1476 (Comm)

Arbitration Act 1996, section 67 – Scope – Challenging an arbitral award for lack of substantive jurisdiction – Disputed settlement on costs.

Arbitration

Assuranceforeningen Gard Gjensidig v The International Oil Pollution Compensation Fund [2014] EWHC 1394 (Comm)

Oil pollution – P&I Club – International Oil Pollution Convention Fund – Freezing injunction – Fund’s immunity from freezing injunction

Pollution & Salvage, Regulation