Marine News - January 2020

Welcome to our marine newsletter for January 2020. This edition brings you an update on recent decisions and legal developments affecting the maritime industry around the world.

Bunker Quality Claims in 2020 - Issues to Consider

With the IMO 2020 sulphur cap now in force as of 1 January 2020, the shipping industry faces a new set of potential issues regarding bunker quality. Read more.

The Singapore Convention on Mediation: Making History

The Singapore Convention provides a uniform international framework to enforce mediated agreements of cross-border disputes. Read more.

In-Depth Analysis - LNG: Speed, Consumption and Boil-Off Warranties

Liquefied Natural Gas ("LNG") is currently the fastest-growing gas supply source. In this context, we are witnessing an increase in the number of LNG charterparty disputes. Read more.

Trade Wars - Politics Creates Legal Headaches for Traders

The growing trade war between China and a number of Western economies presents a unique set of challenges for commodities traders. Read more.

Charter Claim: Submit All Supporting Documents or Risk Time Bar

MUR Shipping BV v Louis Dreyfus Company Suisse SA "TIGER SHANGHAI" [2019] EWHC 3240 (Comm) highlights the importance of carefully assessing all available evidence at the time of presenting a claim where there is a time bar clause requiring presentation of "all supporting documents." Read more.

BARECON 89 Form - Maintaining Class Certificates: Condition or Innominate Term? Why it Matters

In the recent case of Silverburn Shipping (IoM) Ltd v Ark Shipping Company LLC (M/V "ARCTIC") (2019), the key question was whether a specific charterparty term which had been breached, was a condition or whether it was an innominate term. Depending on the answer, the legal consequences could vary significantly for both parties. Read more.

Force Majeure: Could the Contract be Fulfilled "But For"?

A party seeking to rely on a force majeure or exceptions clause needs to show that "but for" the force majeure or excepted event, it would have performed the contract. However, where that party is unable to perform the contract, the innocent party is still entitled to substantial damages in circumstances where the contractual performance would nevertheless have become impossible by reason of extraneous events. Read more.

Attempt to Avoid Personal Guarantees for Ship Finance Loans Fails

Earlier this year, the High Court ruled in HSBC Bank Plc v Pearl Corp & Ors. [2019] EWHC 231 (Comm) that HSBC...