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Related news & insights - Chris Ward
The Polar – pay the premium and still be liable
Posted: 29/01/2024
The Red Sea is currently the subject of seemingly indiscriminate missile and drone attacks on commercial vessels while the war in Ukraine is nearing the end of its second year. Amid multiple global crises, maritime parties must increasingly apply their minds to war risks considerations, and charter party clauses stipulating that charterers must meet......>>
Jalla v Shell – the after-effects of a solitary oil spill are not a continuing nuisance
Posted: 02/10/2023
A recent judgment of the Supreme Court deals with an apparent test case on behalf of 27,830 claimants who were seeking to get around a time-limit issue by reframing their claim in the tort of nuisance. Admittedly, the affected landowners were rather late in the day in bringing their claims arising out of the Bonga oil spill......>>
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......>>
FMG Sydney collision with MSC Apollo – the ‘bright light’ of the crossing rule
Posted: 21/07/2023
Contributory negligence is perceived as the norm in ocean-going collisions. So entrenched is the view among admiralty practitioners that collisions tend to be the fault of multiple vessels, that section 187 of the English Merchant Shipping Act 1995 seems almost presumptive in stating ‘where, by the fault of two or more ships, damage or loss......>>
Ever Given - equivocal acceptance of a contractual offer is no acceptance at all
Posted: 21/04/2023
It has been a little over two years since one of the world’s largest container ships blocked the narrowest section of the Suez Canal for six days, but the name Ever Given remains one of public renown. Commercial vessels seldom achieve such notoriety. The spectacle was both tragic and ridiculous; a reminder of the fragility of the global supply chain......>>
Barton v Morris: an all-or-nothing wager?
Posted: 11/04/2023
Sales agents and brokers may often achieve a significant return for a modest work output, but they also invest time and effort facilitating introductions and negotiations that do not proceed to fruition. Wasted work is a fact of life for those operating on commission. Of course, it is open to commission agents to agree terms stipulating precisely......>>
Digitalisation of international trade documents – when will the future cometh?
Posted: 06/03/2023
In many respects, commercial shipping is advancing technologically like any other industry. Artificial intelligence is helping with route optimization and safe decision-making. The manual inspection of equipment is being replaced with sensor technology and industrial robots are performing tasks ranging from packing to firefighting......>>
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......>>
A new Gencon for a modern maritime adventure
Posted: 21/11/2022
A century ago, the then-named Documentary Council of the Baltic and White Sea Conference first released its Uniform General Charter. The contracting terms were presumably adequate for purpose, as BIMCO only made its first revision of the flagship form - now code-named Gencon - in 1976. The voyage charter contract was revised again......>>
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