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The IBA’s response to the situation in Ukraine
It was just a little over a year ago that the entire world shut down, virtually all at once, with little warning. Terrible tragedies have played out all around the globe, with families losing loved ones, businesses and, indeed, entire industries decimated, and world travel – both internationally and even within our own neighbourhoods – drastically curtailed. We felt this particularly with the cancelling of the 2020 IBA Annual Conference in Miami in October.
Released on Apr 30, 2021
It is now about ten weeks since we assumed our positions as Committee Co-Chairs. Together with our team of senior officers, we have been busy on a number of projects, including the online webinar on 5 May 2021, which will be made available to all members without a registration fee. The webinar is entitled ‘ESG in shipping: “Greenwashing” or are challenges being met?’ We also hope to be able to share news of future projects during the course of the year.
Released on Apr 29, 2021
As social movements across the world promote global conversations around equality, the focus and the opportunity rest on the public and private sectors to reflect the values society cares about most.
Released on Apr 28, 2021
‘Our ability to reach unity in diversity will be the beauty and the test of our civilisation.’ Mahatma Gandhi
Released on Apr 27, 2021
Meet the officer: Ingolf Kaiser, Co-Vice Chair.
Released on Apr 26, 2021
English law’s position as the often-favoured law of choice to govern international commercial contracts is long-established. English law is highly developed, certain and the quality of its judicial and arbitration personnel highly respected. The common law system and the principle of precedent provide a wealth of past case law to assist in determining the potential outcome in future disputes.
Released on Apr 23, 2021
A South Korean district court recently issued a ruling on a bodily injury accident where a marine pilot fell from a pilot ladder, shortly after completing his pilotage service aboard the ship. The accident rendered him unfit for pilot services for several months.
Released on Apr 22, 2021
Brexit took place, as we knew it would, but thankfully not the real hard version that many had feared. Breaking up after so many years implies that that the ‘to do’ list is long.
Released on Apr 21, 2021
Since 1 January 2020, ships have had to operate outside designated emission control areas using fuels of 0.5 per cent m/m (mass by mass) sulphur oxide or less, and within emission control areas to 0.1 per cent m/m or less, in order to comply with the Regulations set out in Annex VI of the International Convention for the Prevention of Pollution from Ships (MARPOL).
Released on Apr 20, 2021
In Halliburton v Chubb,1 the UK Supreme Court has handed down a keenly awaited judgment, clarifying the circumstances where an arbitrator must disclose their appointment in separate arbitrations involving overlapping subject matter and a common party.
Released on Apr 19, 2021
Online or e-dispute resolution has long been a beneficial option for resolving business disagreements, even before the spread of Covid-19. With the current disruption and bans on travel and meetings in many countries, using remote mediation means that companies still have a means of solving problems and moving their businesses on. The positive experience of e-dispute resolution is such that it is likely to remain long after the pandemic has gone.
Released on Apr 16, 2021
The Admiralty Law in India has recently seen an important development by the enactment of the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 (Admiralty Act).
Released on Apr 15, 2021
In the decision of The Yue You 902 and another matter  3 SLR 573 (Yue You 902), the Singapore High Court considered the rights of a trade finance bank seeking to enforce its security over cargoes pledged to it by its customer.
Released on Apr 14, 2021
On 11 January 2021, the High Court of Eastern Denmark rendered a judgment in a direct-action lawsuit initiated by a tobacco manufacturer against a Dutch freight liability insurer due to the loss of 756 cartons of cigarettes in connection with a carriage by road from the plant in Hungary to the point of delivery in Denmark.
Released on Apr 13, 2021
This article sets out the Dutch Supreme Court’s decision of 29 May 2020 in the Stolt Commitment v Thorco Cloud case.
Released on Apr 1, 2021
By Richard V. Singleton and Godofredo Mendes Vianna. From the Chairs - Maritime and Transport Law Committee newsletter article, July 2020
Released on Jul 1, 2020
From the editors - Maritime and Transport Law Committee newsletter article, July 2020
Released on Jul 1, 2020
By Harmen Hoek. A tale of the draft instrument on the judicial sale of ships - Maritime and Transport Law Committee newsletter, July 2020
EU and US sanctions have a real impact on economy and can affect interests of the persons engaged in international shipping. US sanctions concerning the Crimea are the most vital ones. EU sanctions have similar negative effect on the Russian economy. US and EU sanctions on Russia concerning occupation and annexation of the Crimea, as international economic sanctions in general, have to help Ukraine to find peace on the basis of state boundaries reconstruction
By Aboubacar Fall. Maritime law and policy developments in Africa: the case study of West Africa - Maritime and Transport Law Committee, July 2020
The downturn in international trade arising from the Covid-19 pandemic has negatively impacted demand for global shipping and charter rates, and it is only a matter of time before we start to see a surge in shipping loan defaults following in its wake. Consequently, existing shipping loan and security arrangements will come under increased scrutiny by both financiers and ship-owners. In this article, we take a closer look at some key issues arising in relation to the granting and enforcement of security
This article is aimed at providing detailed information about the procedures and pertinent details of rehabilitation or Chapter 11 proceedings of Korea regarding shipping companies.
By Ricardo Maldonado. Joint statement of the Venezuelan Maritime Law Association (AVDM) and the Venezuelan chapter of the Iberoamerican Institute of Maritime Law (IIDM) on judicial take over and arbitration, addressed to the supreme court of justice
As is well known, the Incoterms rules are a set of eleven commercial terms codified by the International Chamber of Commerce to allocate risks, obligations and costs between the seller and buyer in international and domestic distance selling. Citing one term rather than another has a significant impact on the contractual balance between the parties; therefore, the Incoterms constitute a true risk management tool for operators.
This article provides a summary of the judgment passed by the honourable High Court of Bombay on 19 May 2020, which resolves the conflict under Indian law regarding arrest of a vessel when the owner undergoes liquidation or an insolvency resolution process. It also settles the issue of whether a claim of a person having a maritime claim/lien against such a vessel would be settled as per order of priorities set out under company law or under admiralty law.
Meet the Officer - Maritime and Transport Law Committee newsletter article, July 2020
By Johannes Grove Nielsen. Caught between two different worlds and two different strategies - Maritime and Transport Law Committee, July 2020
Movement of goods during the Covid-19 pandemic - Maritime and Transport Law Committee newsletter article, July 2020
By Carolina do Rego Lopes Fonseca. The impacts of the Covid-19 pandemic to the Brazilian cabotage sector - Maritime and Transport Law Committee, July 2020
By Jose Raul Mulino. Panamanian registry before and after Covid-19 - Maritime and Transport Law Committee, July 2020