The English Supreme Court, on 25th Oct 2017, provided its long awaited decision on The Longchamp allowing Owners the expenses incurred for the crew during the period the vessel was detained whilst Owners were negotiating the quantum of the ransom demanded…
Introduction: We recently had an opportunity to discuss on Bailee liability policy with Mr Dennis Lim & Mr Donald Ng of Amspex Insurance Brokers1. Although, we have not been involved in claims under a “pure” Bailee liability policy, given that…
The Indonesian Coal Mining Association and the Singapore Chamber of Maritime Arbitration jointly conducted a seminar on 15th Aug 2017 at Jakarta focusing on Coal Mining and Trading which we had the opportunity to attend. The seminar was very well attended with speakers / participants discussing on various topics including dispute resolution. One of the speakers briefly touched on “Force Majeure” in Indonesian law. In our earlier article “Frustration and Force Majeure in Liner Contracts” we had commented on Force Majeure based on “English Law”. As we had not considered the “Force Majeure in civil law, we are writing this brief note to consider the effect of force majeure on the basis of “Civil Law”.
Following the judgement in The Longchamp (presently under appeal at the UK Supreme Court), there were many articles/commentaries on whether the additional expenses incurred by Owners during the negotiations with the Pirates were correctly considered as General Average Expenditutre. Our…
Talk given at Lloyd’s Asia, Singapore – 12 July 2017 Marine Liability Policies are taken by various parties (Owners, Operators, Freight Forwarders, Carriers, Ports and Terminals, Professionals, etc) to cover their liability exposure. Frequently, the exposure arises from failure (including…
What is the best way to deal with a Transport Liability Claim? Should Carriers / Transporters and their Insurers (“TLO”) be involved when the loss is developing? Or should they wait for a claim to be submitted by the claimants?…
One of the advantages of Arbitration is that it is confidential in nature and that parties can arbitrate their disputes without this being available in the public eye (which is not available under the court system). Is this really a…
Presentation given to the Singapore Branch of Institute of Chartered Shipbrokers on 24 May 2017 download now
The focus of the article is to consider the limitation entitlements available to Carriers under The Hague and The Hague Visby Rules and whether this could be denied by Cargo Interests / Underlying Carriers. The Hague Rules represent the…
We recently attended two events in which there were serious and vigorous discussions on Mediation. While Mediation has a significant role to play in resolving shipping and maritime disputes, it would be too simplistic to consider this in every dispute.…