ArticleLaytime And Force MajeureA recent London arbitration decision has examined the interplay between laytime and a force majeure clause. United KingdomCoronavirus (COVID-19)LA Marine - Lester Aldridge LLP
ArticleContainers – "Should Terminals Weigh or not Weigh"Container collapses can occur at sea as a result of a number of factors such as inadequate, deficient or improper securing, improper stowage configuration, excessive stability, the failure of the vessel to assess storm movement or to take action in deteriorating weather. United KingdomTransportLA Marine - Lester Aldridge LLP
ArticleThe Pitfalls Of Recycling ShipsShips and shipping have been subject to regulations which seek to minimise pollution and environmental damage for many years. United KingdomTransportLA Marine - Lester Aldridge LLP
ArticleWhat is an Oil Major in the Shelltime 4 Form?In Dolphin Tanker SRL v Westport Petroleum Inc (the "Savina Caylyn") QBD – 21 October 2010, the High Court reviewed the decision of London arbitrators which considered which companies should be considered as oil majors. United KingdomLitigation, Mediation & ArbitrationLA Marine - Lester Aldridge LLP
ArticleLiquidated Damages Or Penalty? Beware The DifferenceIt is well established that a contractual clause providing for the payment by a defaulting party of a sum which is a genuine pre-estimate of loss is enforceable as liquidated damages while a clause which is predominantly to deter a party from breaking the contract is a penalty and thus unenforceable.United KingdomTransportLA Marine - Lester Aldridge LLP
ArticleNotice Of Withdrawal - Timing Is EverythingSome interesting issues have been brought up by a dispute involving the VLCC “Kos” which had been chartered out on the Shelltime 3 form. United KingdomTransportLA Marine - Lester Aldridge LLP
ArticleThe "Hang Ta" - Sales Contract, NORs And WIBONDemurrage cases in the context of Sale Contracts are rarely reported. United KingdomTransportLA Marine - Lester Aldridge LLP
ArticleMarine Insurance Policies – Rejection Of Claims For Inherent ViceIt is not uncommon for hull and cargo underwriters to reject claims by relying on excluded perils in their standard forms. United KingdomTransportLA Marine - Lester Aldridge LLP
ArticleThe Rotterdam Rules – How Are They Different From The Hague Visby Regime?There is currently an ongoing battle between various sectors of the shipping industry about the Rotterdam Rules which are due to be signed in September 2009. United KingdomTransportLA Marine - Lester Aldridge LLP
ArticleDuties Of Wharfinger To Warn Berth Holders On The Suitability Of MooringsThe recent case of George v Coastal Marine 2004 Ltd ("Bon Ami") [2009] EWHC 816 (Admiralty) raises issues concerning the duty of a wharfinger (keeper of the wharf or quay) to take reasonable steps to ensure that the given berth is safe. United KingdomTransportLA Marine - Lester Aldridge LLP
ArticleCharterparty Bulletin - Laytime And Waiting For Free PratiqueIn AET Inc Ltd v Arcadia Petroleum Ltd [2009] EWHC 2337 (Comm) – the English Court was required to consider whether laytime continued to run after NOR had been given but before free pratique had been granted. United KingdomTransportLA Marine - Lester Aldridge LLP
ArticleShifting Cargo - Who Is Responsible?A recent London arbitration decision, LMLN 12/08 has examined the extent to which a charterer (or more specifically a charterer's local agents) can or cannot make a difference to the terms dealing with overall responsibility.United KingdomTransportLA Marine - Lester Aldridge LLP
ArticleRule B : A Change In ProcedureRule B, refers to Rule B of the Supplemental Admiralty Rules for Certain Admiralty & Maritime Claims of the Federal Rules of Civil Procedure (“Rule B”). United KingdomTransportLA Marine - Lester Aldridge LLP
ArticleUnsafe Berths – Demurrage and Damages IssuesLondon arbitrators and an English High Court Judge have recently had to unpick the legal issues surrounding considerable delays caused by berthing at Itaguai in Brazil. United KingdomTransportLA Marine - Lester Aldridge LLP
ArticleAre You Contracting On Your Own Terms?Businesses often give their standard terms and conditions of business (T&C) low priority until a dispute arises, by which time it may be too late. United KingdomTransportLA Marine - Lester Aldridge LLP
ArticleSexual Harassment – Who Do I Believe?If employee C complains of sexual harassment by employee B, which employee B denies, and there is little or no corroborating evidence to support either employee's version of events, how can the employer reach a decision?United KingdomEmployment and HRLA Marine - Lester Aldridge LLP
ArticleSleeping On The Job>Shift work is the norm within the Care sector and when people think about the Working Time Regulations they rarely see rest periods as much of an issue. United KingdomEmployment and HRLA Marine - Lester Aldridge LLP
ArticleForce Majeure - The Clause, The Definition, The ApplicationForce majeure is literally translated as "superior forces". United KingdomCorporate/Commercial LawLA Marine - Lester Aldridge LLP
ArticleThe Jaq RaviUnbeknown to the owners of the vessel and the end buyers Binani – the original parties to the sale contract the shippers and Comtrade Visa were in dispute about matters related to the original sale contract.United KingdomTransportLA Marine - Lester Aldridge LLP
ArticleThe Bribery Act 2010The Bribery Act 2010 will come into force in April 2011 and will have a significant impact on the shipping industry. United KingdomTransportLA Marine - Lester Aldridge LLP