Publications for Maritime and Transport Law Committee

  • Subject
  • Year
Maritime and Transport Law Committee – From the Editors – August 2026

A note from the Editors of the IBA Maritime and Transport Law Committee, Sarah Gahlen and María Belén Espiñeira

Released on Aug 10, 2026

Maritime and Transport Law Committee – From the Co-Chairs – August 2026

A note from the Co-Chairs of the IBA Maritime and Transport Law Committee, Patrick Holloway and Marco Remiorz

Released on Aug 10, 2026

Meet the officer: Annemieke Spijker

An interview with Annemieke Spijker, AI Officer of the IBA Maritime and Transport Law Committee

Released on Aug 10, 2026

Philippine maritime law: time bars and conditions precedent

In the dispute resolution practice of law, practitioners should look out for prescriptive periods or limitations in the filing of their actions. In maritime law, these are referred to as time bars.

Released on Aug 10, 2026

Arrest of claims for hull insurance proceeds

In Japan, there are some court decisions concerning arrest (legally termed ‘seizure’) of claims for hull insurance proceeds. As such, seizures may be useful in securing satisfaction of claims for damages arising from marine casualty, this article outlines them.

Released on Aug 10, 2026

Liability and compensation for the use of alternative marine fuels under international law

After the IMO revised its greenhouse gas reduction strategy in July 2023, alternative marine fuels ceased to be a purely technical or environmental issue. The question moved into the field of private-law risk allocation, as accelerated decarbonisation entails wider use of LNG, biofuels, hydrogen, methanol and ammonia, while international liability rules still reflect a framework built around mineral hydrocarbons.

Released on Aug 10, 2026

Overview of the ship arrest in Egypt

Ship arrest in Egypt is a well-established remedy that allows claimants to secure maritime claims against a vessel, its freight, or associated assets. This overview summarises the legal basis, competent courts, arrestable claims, required documents, procedural steps, timelines, security and counter-security, release mechanisms, and practical tips for owners, charterers, cargo interests, and insurers operating in Egyptian waters.

Released on Aug 10, 2026

Limitations of marine liability under Kuwait law

Limitation of liability is a core component of maritime law, balancing the interests of carriers, shipowners, and cargo interests with the commercial realities of maritime navigation. Under Law No 28 of 1980 (Maritime Trade Law), Kuwait has codified liability rules for shipowners' limitation of liability and maritime carrier limitation of liability that reflect both domestic needs and long‑standing maritime legal principles.

Released on Aug 10, 2026

Recourse rights of foreign insurance companies in Türkiye

This article provides a practical overview of foreign insurance companies’ recourse rights in Türkiye. It examines the legal basis of statutory subrogation under Turkish law, the distinction between subrogation and assignment of receivables, and the limitation issues that may affect recovery claims.

Released on Aug 10, 2026

The curious treatment of choice of venue for international shipping in Canada

International shipping and transportation lawyers are often concerned with conflicts of law. The extent to which a court will enforce an agreement as to jurisdiction, venue, and law to be applied is a common first question to consider. If you have an arbitration or choice of venue clause in your agreement and your dispute involves Canada, then your clause may not be enforceable. This article will explain why that is the case.

Released on Aug 10, 2026

Bill of lading jurisdiction clauses are accepted by Brazilian courts

Bill of lading clauses are valid and accepted by Brazilian courts. Initially, such a statement should not seem so relevant taking into consideration that when two parties establish a contractual relationship, the contractual provisions agreed therein should apply.

Released on Aug 10, 2026

The EU approval of the Beijing Convention on the Judicial Sale of Ships

The recent approval by the European Union of the United Nations Convention on the International Effects of Judicial Sales of Ships, commonly known as the Beijing Convention, is an important step in the development of the international regime governing the effects of judicial sales of vessels.

Released on Aug 10, 2026

A review of Montgomery v Caribe Transport II, LLC et al

On 14 May 2026, in a relatively brief opinion, the US Supreme Court issued a major decision for the logistics industry in the United States. In Montgomery v Caribe Transport II,1 the Court resolved a split in the federal Circuit courts on the question of whether the Federal Aviation Administration Authorization Act (FAAAA), 49 USC section 14501(c)(1), preempted state negligent-hiring claims against property brokers

Released on Aug 10, 2026

Ethiopia and Maritime law without a coastline: recent legal and diplomatic developments (2024-2026)

This document examines the shifting dynamics of Ethiopia’s maritime legal and diplomatic agenda between 2024 and 2026 as the world's most populous landlocked nation seeks to secure sovereign access to the Red Sea. Historically reliant on a functional, logistics-oriented approach and primarily dependent on the port of Djibouti, Ethiopia has recently transitioned to a more assertive foreign policy.

Released on Aug 10, 2026

Maritime and Transport Law Committee – From the Editors – February 2026

A note from the Editors of the IBA Maritime and Transport Law Committee, Sarah Gahlen and María Belén Espiñeira

Released on Feb 27, 2026

Maritime and Transport Law Committee – From the Co-Chairs – February 2026

A note from the Co-Chairs of the IBA Maritime and Transport Law Committee, Patrick Holloway and Marco Remiorz.

Released on Feb 27, 2026

The sea as a way to the restoration of Ukraine: shipping logistics in wartime

The war in Ukraine has dramatically changed the country’s logistics map. It has: destroyed old routes; called into question the reliability of the infrastructure; forced businesses to look for new models of work, in some cases to build supply chains from scratch; and meant constantly having a plan B, C, and so on, ready. Shipping logistics, which before the full-scale invasion was a key to agricultural and metallurgy exports, have now plunged into a deep crisis due to the suspension of shipping in 2022. Today, when, thanks to the Armed Forces of Ukraine, Ukrainian ports are working again, it is still undergoing a painful but necessary process of transformation.

Released on Feb 27, 2026

Meet the officer: Diego de San Simón

An interview with Diego de San Simón, Website Officer of the IBA Maritime and Transport Law Committee

Released on Feb 27, 2026

Limitation of liability under Kazakh law in a landlocked corridor setting

As a landlocked jurisdiction, Kazakhstan’s foreign trade and transit carriage is structurally corridor-based and typically executed through multimodal chains: rail and road legs, terminal handling, and – where relevant – a maritime segment in the Caspian basin. In that operating reality, limitation of liability rarely turns on a single ‘carriage’ or a single document. Instead, it turns on: (1) where the loss occurred (stage identification); (2) who held custody and in what capacity; and (3) how handovers were documented across modal interfaces.

Released on Feb 27, 2026

Brazil’s New Insurance Law and salvage costs in hull and machinery policies

As the maritime sector faces unique risks, having clear and reliable insurance arrangements is essential. Hull and Machinery (H&M) policies play a key role, protecting shipowners against physical damage to vessels and often covering costs linked to salvage operations and general average.

Released on Feb 27, 2026

Force majeure: current issues in Argentina’s maritime and land transport industries

In recent years, Argentina’s maritime and land transport industries have faced extraordinary challenges that have significantly disrupted operations. These challenges include natural events such as the low water levels on the Paraná River, widespread strikes and lockouts led by powerful trade unions, and logistical issues stemming from armed robberies and truck hijackings. Together, these factors have created unprecedented difficulties for carriers, shippers, logistics operators, and underwriters alike.

Released on Feb 27, 2026

Arrest of vessels in Brazil for bunker debt

Imagine that a foreign client contacts your firm to inform you that they have supplied bunkers to a certain vessel in a foreign port, duly delivered and registered through a Bunker Delivery Note signed and stamped by the vessel’s chief engineer, but remain unpaid.

Released on Feb 27, 2026

The UAE’s maritime limitation regime comes of age: from stalemate to a court‑centred system

The United Arab Emirates (UAE) has long been a jurisdiction where the law said one thing about maritime limitation of liability, but practice often delivered another. That gap is narrowing. With the advent of the new UAE maritime law in 2024, the UAE appears poised to move from a system which recognised limitation in theory to one that can operationalise it in practice, most notably by enabling the constitution of limitation funds before the courts.

Released on Feb 27, 2026

Navigating the united republic of Tanzania: maritime liability limitation regime

The United Republic of Tanzania is a sovereign state that was founded in 1964 by the Union of two independent states, Tanganyika and Zanzibar. Before the Union, Zanzibar was recognised as the People’s Republic of Zanzibar and Tanganyika as the Republic of Tanganyika.

Released on Feb 27, 2026

The limitation of maritime claims in the Netherlands

Dutch law on limitation of maritime claims is primarily based on international conventions, supplemented by provisions in the Dutch Civil Code (Burgerlijk Wetboek, BW) and the Dutch Code of Civil Procedure (Wetboek van Burgerlijke Rechtsvordering, Rv).

Released on Feb 27, 2026

South Africa’s powerful associated ship arrest regime: what maritime practitioners need to know

One of the enduring challenges in maritime dispute resolution is ensuring that a successful claimant is able to enforce a judgment or arbitral award once liability has been established. The transnational nature of shipping operations, coupled with the widespread use of single-purpose ship-owning companies and flags of convenience, often leaves claimants exposed to the risk of pursuing costly proceedings only to obtain a hollow judgment.

Released on Feb 27, 2026

Maritime and Transport Law Committee – From the Editors – August 2025

A note from the Editors of the IBA Maritime and Transport Law Committee, Müge Anber-Kontakis and Maria Belen Espineira

Released on Sep 1, 2025

Maritime and Transport Law Committee – From the Co-Chairs – August 2025

A note from the Co-Chairs of the IBA Maritime and Transport Law Committee, Patrick Holloway and Marco Remiorz.

Released on Sep 1, 2025

Meet the Officer: Anna Mestre

An interview with Anna Mestre, Vice Chair of the Land Transport Subcommittee of the IBA Maritime and Transport Law Committee.

Released on Sep 1, 2025

Limitation of liability under Argentine law in the carriage of goods

The carriage of goods by sea in Argentina is governed by a dual legal framework. Because both instruments govern the same subject matter, the Hague Rules apply to international cases, whereas the Argentine Shipping Act regulates domestic cases.

Released on Sep 1, 2025