TM Law’s Nico Saunders explores some recent decisions on time bar clauses in a shipping context.   Introduction Charterparties frequently contain clauses requiring claims to be presented within a limited period and purporting to bar claims which are not presented in time. For example, it is common for voyage charterparties to provide for demurrage claims... Read more »

TM Law’s Nico Saunders and Henry Stockley summarise the legal and practical consequences associated with the practice of issuing switch or split bills of lading. Introduction By way of simple summary of industry practice, upon shipment of a cargo a bill of lading is issued to the shipper who, once they receive payment, transfers the... Read more »

To all of our clients, colleagues and friends,   We would like to reassure you that TM Law remains open for business during the COVID-19 coronavirus outbreak.   Working from home is being implemented widely, but our lawyers are contactable on the usual phone numbers and email addresses and these channels will remain unaffected for... Read more »

TM Law’s Nico Saunders reviews the Supreme Court decision and its practical implication for owners Volcafe v CSAV [2018] UKSC 61 Introduction This modest-value cargo claim, which went all the way to the Supreme Court, has clarified some important questions on the burden of proof in claims under Article III.2 of the Hague/Hague-Visby Rules. In... Read more »

So-called “ipso facto” (‘by the fact itself’) insolvency clauses are contractual provisions that allow a party to unilaterally amend, suspend or terminate a contract where a contract-partner becomes insolvent or is placed into administration, receivership or liquidation.  Widely used in transport and logistics contracts including charter parties, contracts of affreightment, terminal services agreements and freight... Read more »

Piece by Piece - Some legal issues in air freight screening The Australian Government has announced that it will extend security measures for cargo screening beyond cargo bound for the US. In the Federal Budget delivered on 8 May 2018, the Government announced that all export air cargo would be subject to piece-level screening by... Read more »

TM Law’s Simon Church considers the recent decision of the Court of Appeal in RBRG TRADING (UK) LTD V SINOCORE INTERNATIONAL CO LTD [2018] EWCA Civ 838 regarding enforcement of a China Arbitration Award issued by CIETAC. Background The claim concerned a shipment of 14,500 MT rolled steel coils which the Appellant, RBRG, had agreed... Read more »

TM Law’s Simon Church discusses the recent decision of the Commercial Court in CLEARLAKE SHIPPING PTE LTD v PRIVOCEAN SHIPPING LTD on the scope of the exception to Owners’ liability for neglect or default of the Master in “management of the ship”. The Facts Under a Time Charterparty on the NYPE 1946 Form, and incorporating... Read more »

TM Law’s Nico Saunders examines some recent decisions, and their significance for claims handled under the ICA. Introduction The ICA is designed to facilitate settlement of cargo claims as between Owners and Charterers, to avoid arbitration and protracted discussion by providing a more or less mechanical apportionment of liability depending on the nature of the... Read more »

TM Law’s Charles Patterson examines the recent case of ‎‎ LUKOIL ASIA PACIFIC PTE LTD v OCEAN TANKERS (PTE) LTD [2018] EWHC 163 (Comm)‎ when a Partial Award on this topic was appealed to the High Court in London.  The contract terms The charterparty fixture recap in question incorporated the ExxonmobilVoy2005 form. The recap also... Read more »