In Yemgas FZCO & Ors v Superior Pescadores SA [2016] EWCA Civ 101, the Court of Appeal considered whether the standard ‘Paramount Clause’ wording in the Congenbill incorporates the Hague Rules 1924 (the “HR”) or the Hague/Visby Rules (the “HVR”). The ‘Paramount Clause’ set out on the reverse side of the bills of ladings in … Continue Reading
Various amendments to MARPOL and SOLAS came into force on 1 January 2015. MARPOL Annex VI: The limit for fuel sulphur oil levels has fallen to 0.10% m/m (from 1.00%) in Emission Control Areas established to limit SOx and particulate matter emissions. The emission control areas concerned are: the Baltic Sea area; the North Sea … Continue Reading
In Cosmotrade SA v Kairos Shipping Ltd (“The Atlantik Confidence”) [2014] EWCA Civ 217, the Court of Appeal reversed the High Court’s first instance decision that English law does not allow constitution of a Limitation Fund by P&I Club Letter of Undertaking. First Instance Decision The first instance decision was reported in a previous blog … Continue Reading
In Cosmotrade SA v Kairos Shipping Ltd and others [2013] EWHC 1904 (Comm), the Commercial Court considered the question of whether English law allows a Limitation Fund to be constituted by way of a P&I Club Letter of Undertaking. The Convention on Limitation of Liability for Maritime Claims 1976 (LLMC 1976) allows owners to limit … Continue Reading
In January changes to the way in which Cargo residues were classified came into effect by way of changes to MARPOL Annex V (see our client alert of 8 March 2013; Revised MARPOL Annex V: Just Who Should Take Out the Trash?). These changes were met with some concern by both charterers and owners in … Continue Reading
Following a review by the Correspondence Group established by the Marine Environment Protection Committee in 2006, various amendments to MARPOL Annex V Regulations for the Prevention of Pollution by Garbage from Ships took effect on 1 January 2013. The revised Annex now prohibits the discharge of all garbage into the sea, with limited exceptions. Importantly, … Continue Reading
Following several incidents resulting from structural failure in oil tankers, the Maritime Safety Committee of the IMO has made mandatory certain performance standards aimed at inhibiting corrosion in cargo oil tanks. The MSC has adopted Resolution MSC.291(87), which incorporates into SOLAS Regulation II-1/3-11, “Corrosion Protection of Cargo Oil Tanks of Crude Oil Tankers” (the “Regulation”). … Continue Reading
