COVID-19

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The COVID pandemic has impacted nearly every aspect of global commerce, and the shipping industry is no exception having experienced severe disruption in many different ways.

Over the past two years, most maritime lawyers will have received multiple enquiries in relation to delays caused to vessels by COVID, where there is a dispute as to whether owners or charterers are liable under the terms of the charterparty.

Against this background, two London arbitration awards have recently been published which shed some light on how Tribunals are grappling with these issues.
Continue Reading COVID related off-hire decisions from the LMAA

Welcome to our new series of ‘back to basics’ blogs in which we will provide blogs focused on common legal issues. This blog post will address force majeure and frustration, two concepts which charterers have regularly relied on since the presence of COVID-19, often with varying degrees of success.

General Rule

English law generally holds parties who have contracted to do something accountable even where subsequent events make performance challenging or expensive. Nevertheless, two exceptions can often be invoked, frustration and force majeure. It is important to note that under English law force majeure only applies if there is a specific clause within a contract that provides for it, while frustration is a common law doctrine. There has been renewed interest on force majeure, in particular, because of the COVID-19 pandemic.
Continue Reading Force majeure and frustration

Early results from our 2020 shipping survey – Navigating a post-COVID world indicate that industry participants believe more transparency is needed to tackle the impact and challenges caused by the pandemic.

66% of respondents so far indicate that transparency and sharing of information might be key to the shipping industry emerging stronger from the crisis.…

Today’s global economy is facing unprecedented challenges and many firms are in the business of survival as a consequence of the Covid-19 outbreak. While some Asian countries are starting to show signs of emerging from lockdown, it is nonetheless a grim and trite recital to acknowledge that many Asian countries were heavily affected in the early stages of the global crisis. According to official figures, China’s GDP recorded an unprecedented 6.8 percent year-on-year decline in the first quarter of 2020. Being at the geographic forefront of the current crisis, our Asian offices have been both advising and counseling numerous clients with their commercial matters and arrangements that have faced interference as a result of the Covid-19 outbreak.

We would like to share our experience of handling Covid-19 in Asia, and lessons learned.
Continue Reading COVID-19 and the impact on shipping– what have we learnt from Asia

The question of whether COVID-19 would forever change the world as we know it remains to be answered. For the time being, however, the pandemic has certainly changed the way we live and conduct business. In an effort to adjust to the current requirements of strict social distancing, we have had to be creative and use technology to our advantage. For instance, in order to sustain the administration of justice, we have had to allow virtual hearings to become the new norm.

In April 2020, Richard Gunn (partner), Elli Aidini (associate) and Katherine Varney (trainee) were involved in a three-day virtual arbitration hearing via Zoom. The experience was unique for all. Although initially there were concerns about the confidentiality of the process and the ability of the parties to overcome technical difficulties, the hearing was concluded successfully. In this article, we will attempt to share our experience of a virtual hearing and recommendations for conducting such hearings in the future.
Continue Reading Preparing and attending a virtual arbitration hearing

Jointly the International Chamber of Shipping (ICS) and the International Transport Workers’ Federation (ITF) are calling on seafarers across the world to sound their ships’ horns when in port at midday local time on 1 May 2020.

1 May marks International Workers’ Day (or Labour Day), with about 66 countries around the world (and many more unofficially) celebrating the contribution made by workers.

During the current COVID-19 crisis, it is especially important to recognise the contributions made by all maritime workers, including seafarers but also other on-board and onshore personnel, who are ensuring that medical supplies, fuel and food continue to be transported safely across the world. At the moment, they are doing so while working under extreme conditions, such as being unable to go home for even longer periods of time than usual, due to travel restrictions and difficulties in changing crews on vessels.
Continue Reading Ships to sound their horns for key workers on 1 May 2020