Exclusive jurisdiction clauses in Hong Kong
The facts
The proceedings arose out of the unfortunate incident of the total loss of the container vessel MOL Comfort in the Indian Ocean in June 2013. The vessel fractured amidships, split into two halves, drifted for days and eventually sank together with all the cargo laden on her.
On 29 March 2019 bareboat chartering registration rules in the UK changed. This article discusses the changes.
The Court of Appeal has again considered the operation of the Hague-Visby Rules exceptions amidst a spate of significant decisions dealing with the application of some of the key principles underpinning the Hague and Hague-Visby Rules.
In two recent decisions from the Singapore Court of Appeal and the Court of Appeal of England and Wales, the courts took the step of re-evaluating evidence upon appeal.
The CMI has for some years now persevered with a draft convention on judicial sales of ships and appears in 2018 to have got it past a first formal hurdle. In the meantime, several relevant cases have been considered by the courts.
The significance of valid service of arbitration notice was echoed in the new Arbitration Notice Clause published by the London Maritime Arbitrators’ Association (LMAA) in November 2018. The clause aims at ensuring that service of the arbitration notice by email is sufficient to be legally effective if it is sent to the email address designated by the arbitration agreement. This article will first highlight the importance of valid service of arbitration notices, followed by a discussion of recent cases in England and Hong Kong, and an examination of the clause.
Jurisdiction over a high seas collision
On 6 January 2018 a collision occurred at sea between the cargo vessel CF Crystal owned by the defendant Changhong and the tanker Sanchi, owned by the plaintiff Bright Shipping, at a location about 125 nautical miles from Changjiang Kou Light Ship in the East China Sea. This was on the high seas, but within the Exclusive Economic Zone (EEZ) of China. Changhong was a Hong Kong incorporated company with a registered office in Hong Kong.
Burden of proof
In establishing the burden of proof for a carrier’s negligence under the Hague Rules, the Supreme Court has allowed the appeal of the cargo interests in this judgment, given on 5 December 2018. The carrier as bailee bore the burden of proof for the absence of negligence.
The increase in the mean global atmospheric temperature has exceeded 1°C over pre-industrial levels despite the efforts to stabilise atmospheric greenhouse gas (GHG) concentrations “… at a level that would prevent dangerous anthropogenic interference with the climate system …”.
Suspension or interruption of limitation period
This case, originating from the Scottish courts, concerned the application of the time bar provisions in the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea 1974.
In recent years, several attempts have been made at establishing an international agreement on liability and compensation for pollution from offshore oil and gas exploration and exploitation. A reliable and internationally recognised legal and regulatory framework on FPSOs, as ships or as offshore installations, requires a careful examination of the relevant laws and regulations, and the consequences of applying these to FPSOs.
In Mamancochet Mining Ltd v Aegis Managing Agency Ltd and Others [2018] EWHC 2643 (Comm); [2018] Lloyd’s Rep Plus 100 the English High Court was asked to consider the proper interpretation of the “sanction limitation and exclusion clause” in a marine cargo policy.
In Connect Shipping Inc and Another v Sveriges Angfartygs Assurans Forening (The Swedish Club) and Others (The Renos) [2018] EWCA Civ 230; [2018] 1 Lloyd’s Rep 285, the Court of Appeal ruled that SCOPIC expenditure could be included in ascertaining whether a casualty was a constructive total loss.
The recent decision of Teare J in Natwest Markets plc v Stallion Eight Shipping Co SA (MV Alkyon) [2018] EWHC 2033 (Admlty) highlights, yet again, the fundamental injustice of English law concerning the arrest of ships. Sir Bernard Eder raises this issue again in light of this judgment.
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