Marine & Transit - July 2011
In this quarterly instalment of our newsletter, we review the
impact of the Bribery Act 2010 for marine and shipping companies
and their insurers, a number of recent marine law cases on
charterparty and carriage matters, and in Kennedy v Fulton
Navigation, a review of the jurisdictional and applicable
law aspects of injury at sea.
Bribery Act 2010 – are you ready?
The Bribery Act 2010 came
into force in England & Wales on 1 July 2011. In an article written for this June’s edition of
Maritime Risk International, Terry Donaghy and Euros Jones set out
what companies in the marine sector and their insurers need to
know.
Offshore injury and governing law
When an accident happens at sea, which law
governs liability for personal injuries sustained by those on
board? Emma Rice reviews the decision in
Sadhana v Fulton Navigation.
Maritime arbitration: care in commencement!
Where there are multiple claimant interests in
a cargo recovery claim, can a single global notice of commencement
of arbitration suffice? Terry Donaghy
considers the approach of the Commercial Court in The
“Biz”.
Voyage charters and
demurrage: interpreting strike exceptions
Where a vessel is delayed in berthing due to
congestion caused by the after effects of strike, does the
charterer accept the waiting risk by reason of WIBON or does the
laytime strike exception come to the rescue? In this case involving the AmWelsh charterparty
form, Mike Burns reviews the decision in Carboex v Louis
Dreyfus.
Hague Visby Rules – cargo damage and the shifting burden
Who - cargo or carrier - bears the burden of
proving the cause of damage when Article IV rule 2 exceptions come
into play? James Thornton examines the
guidelines of the Commercial Court in The “Angeliki
B”.