Marine & Transit - December 2011

In this quarterly instalment of our newsletter, we review a number of recent marine law cases on charterparty and carriage matters, including the continuing topical issues of piracy and charter termination.

Piracy attacks and deviation: what do owners need to show?

With Gulf of Aden piracy still prevalent, how is the liberty to deviate under Conwartime 1993 (and similar charterparty clauses) applied in practice? Mike Burns reviews the Commercial Court decision in The “Triton Lark”.

Deck Cargo and the Hague-Visby Rules

In what circumstances might the Hague-Visby Rules apply to a contract of carriage dealing with cargo carried on deck? Terry Donaghy reviews the Commercial Court decision in The “BBC Greenland”.

NYPE Interclub Agreement: beware conflicting time bars

Where cargo indemnity claims are to be settled under the Interclub Agreement, what happens when other time charter clauses contain conflicting time limits? Emma Rice considers the approach to resolving such issues applied in the recent “Genius Star 1” decision.

Time charter termination: don’t waive your rights!

There can be a difficult tension for owners in balancing the commercial interest of keeping a charter alive, wishing to preserve rights to terminate and ensuring contractual technicalities are met when the “plug is pulled”. Mike Burns reviews the Commercial Court’s decision in The “Mahakam”.

Athens Convention: Passenger injury claims in International Waters

When a passenger is injured on a cruise liner in international waters, who bears the burden of proving negligence? James Thornton reviews the guidance provided by the Court of Appeal decision in Dawkins v Carnival.