The past few weeks have been full of news on the fire in Maersk Honam. This casualty resulted in loss of 5 lives and our sympathies are with the bereaved families. Owners of Maersk Honam have declared General Average (the…
Some of the recent developments in the Liner industry are as follows: Block chain: Originally developed for the virtual currency Bitcoin (which has of late, been getting a bit of bad press), Blockchain1 uses distributed ledger technology and are appearing…
We have been propounding arbitration to deal with disputes in the Liner Industry. The majority of the Bills of Lading issued in the Liner industry still incorporate a Law and Jurisdiction Clause (providing for the courts of a particular jurisdiction…
The Singapore High Court recently ruled against the Owners of various trademarks that a Singapore freight forwarder involved in the transshipment of Containers (for movement to Indonesia), although listed in the Seaway Bills as the consignee, was not the importer…
Legal Plus and International Malaysian Society of Maritime Law conducted the second Maritime Law Conference on 11/12 October 2017. This conference was very well attended and a wide variety of topics were discussed. Speakers who participated in the conference were…
This is the first guest article written by L M Mohamed Ismail1 and we hope to see more such posts2. INCOTERMS: International Commercial Terms or INCOTERMS, for short, has been the bedrock of international trade for the past eight decades…
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…