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Related news & insights - Alex McIntosh

Kos – Supreme Court 'stretches the application of the express charter indemnity'
Posted: 24/10/2025
This tenth instalment focusses on the judgment in ENE 1 Kos Ltd v Petroleo Brasileiro SA, The Kos [2012] UKSC 17, which arose out of the VLCC supercycle of 2008 and is the only case in which the Supreme Court considered the operation of a time charter employment and indemnity clause. In March 2007, Thomas Cooper & Stibbard......>>
Spammed or served? ADC v AASTAR is the latest word on serving arbitration documents by email
Posted: 24/10/2025
On 24 September 2025, the London Circuit Commercial Court delivered a judgment in African Distribution Company SaRL v AASTAR Trading Pte Ltd [2025] EWHC 2428 concerning an attempt to resist enforcement of a London arbitral award on the alleged basis that service of documents was ineffective......>>
UK sets course for net-zero shipping by 2050 with new decarbonisation targets
Posted: 04/06/2025
As part of the UK’s Maritime Decarbonisation Strategy, the UK Government has released its first domestic shipping decarbonisation targets. The new publication sets out a blueprint for transitioning the shipping sector to net-zero emissions by 2050, a strategy which aligns with the ambitions of the International Maritime Organisation (IMO)......>>
FuelEU – shipping takes another step in reducing greenhouse gas emissions
Posted: 05/09/2024
On 1 January 2025, the FuelEU Maritime Regulation (Regulation (EU) 2023/1805) shall come into force. The goal of this regulation is to reduce EU greenhouse gas emissions in the maritime sector and promote the use of renewable, low-carbon fuels, and clean energy technologies for ships. The regulation applies to all ships calling at EU ports......>>
SHIPMAN 2024 has arrived
Posted: 04/07/2024
Following a two-year review process involving shipowners, managers, P&I clubs, and insurance and legal experts, the latest revision of BIMCO’s go-to contract for ship management, SHIPMAN 2024, is here. Earlier revisions of SHIPMAN released in 1998 and 2009 remain in regular use, but have increasingly necessitated parties incorporating a......>>
RTI v MUR Shipping – non-contractual performance is no alternative to a force majeure event
Posted: 24/05/2024
The Supreme Court has unanimously ruled in RTI Ltd v MUR Shipping BV [2024] UKSC 18 that where a force majeure clause requires the non-defaulting party to undertake ‘reasonable endeavours’ to overcome the force majeure event, this does not oblige them to accept non-contractual performance. On 9 June 2016, MUR Shipping BV......>>
Giant Ace – Article III, rule 6 is a cuckoo in the Hague-Visby nest
Posted: 15/09/2023
A bill of lading is a document of title and, thus, liability for mis-delivery is strict. It does not matter why the ocean carrier delivers a cargo to the wrong party in the absence of the bill. Proof of reasonable diligence will not avail the carrier. Indeed, there are very few conceivable defences to a claim for mis-delivery. One such possible defence......>>
Arbitration and the limits of separability - the Newcastle Express
Posted: 03/01/2023
The Court of Appeal’s recent decision in the case of the ‘Newcastle Express’, which concerned a charter party that was never agreed, has clarified the long-debated limits of the doctrine of separability. ‘Arbitration, if any, London.’ There’s more to an arbitration clause than meets the eye......>>
The IMO’s CII scheme and BIMCO’s contractual response – a venture into uncharted waters
Posted: 07/12/2022
The International Maritime Organisation (IMO) has been progressively legislating for the improved carbon efficiency of international shipping and 2023 is due to be a significant year. From 1 January, vessel monitoring and reporting under the new MARPOL Carbon Intensity Indicator (CII) rating scheme will begin......>>

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