Arbitration is invariably the default dispute resolution method for disputes arising under a Charterparty. However, for Liner contracts, we rarely see use of Arbitration and this may be due to the perceived imbalance between the parties and / or due…
In a recent case (Shangang South – Asia (Hong Kong) Trading Co Ltd v Daewoo Logistics [2015] EWHC 194 (comm)) which dealt with the variation of the arbitration clause in Gencon C/P 1994, the English High Court held that the…
This article focuses on frustration and force majeure provisions which may be available in shipping contracts such as slot charter parties. While frustration and force majeure appear to be similar in nature, the effect is different and the purpose of…
Presentation made at the 2nd Annual Conference on Legal Issues relating to Shipping and Ports, 11 March 2016 Download Now
We had earlier published an article on eB/L’s in Sep 2014 and this is a continuation of the earlier article. This article will focus on the differences between paper and electronic Bills of Lading with particular reference to the Bolero…
In August 2015, the Indonesian Supreme Court upheld the ruling of the West Jakarta High Court in PT Bangun Karya Pratama Lestari v Nine AM Ltd (“Nine AM Case”), which nullified and voided a loan agreement between the parties. This…
This paper was presented at the All India Annual Conference on Risk & Marine Insurance on 19 Dec 2015 conducted at Tolani Maritime Institute, Pune Abstract: This paper discusses the scope of the Multimodal Transportation of Goods Act 1993 (“MTGA”)…
Some of our clients were recently approached by independent 3rd parties (who assist their clients to conduct due diligence / company search etc.) seeking details of some their customers together with details of some specific shipments effected. This article considers…
When parties are involved in negotiating shipping contracts such as charterparties, they often do not pay enough attention on dispute resolution including arbitration clauses. This is obviously understandable given that parties intend to work together for mutual benefit. However, disputes…
While writing the first part of this article in April 2015, we were under the impression that this aspect was not dealt with earlier. However, we have since come across an opinion by the Advisory Committee of the Association of…