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Decarbonisation – new year, new rules
Free pratique – more than a formality?
Free pratique is permission given by a port for a vessel to enter once it has been certified free of infectious disease by the competent health authorities. It is required for the vessel to be determined legally ready to load or discharge the cargo, thereby allowing the tender of the vessel’s Notice of Readiness (NOR) and is thus important for the calculation of laytime and demurrage.
In search of clarity – calculation of performance warranties
A common problem encountered between vessel owners and charterers is, when there is an allegation that a vessel has underperformed, how that alleged underperformance is to be calculated. In this article, we discuss the implications of Eastern Pacific Chartering Inc v Pola Maritime Ltd on the calculation of performance warranties.
Russia - Ukraine crisis: impact of global sanctions on shipping
As Russia’s invasion of Ukraine progresses, global leaders have responded by imposing increasingly severe sanctions against Russia, Russian companies and Russian individuals. Here, we consider the impact of the current sanctions from various jurisdictions around the world, with a focus on those areas which might impact the global shipping and trade industry.
2022 marine, aviation and logistics forecast: trends and future risks
In this report, Kennedys experts explore key legal and regulatory developments, and provide an overview of the business critical topics which marine and aviation insurers should consider as they plan for operational resilience in 2022.
Russia - Ukraine crisis: impact on charterparties
The Russian invasion of Ukraine remains ongoing, with conflict in various parts of the country, including in port regions. Here, we consider some of the immediate questions which may arise under charterparties and contracts of carriage subject to English law, following the outbreak of conflict.
Maritime regulatory reform is welcomed – but domestic progress must consider the global challenges for insurers
The UK Government’s consultation on maritime autonomy regulation closed this week. Kennedys submitted a response commending the recognition of the need to update the current regulatory framework, but urging caution in respect of potential additional risks to insurers arising from the government’s proposals.
Maritime regulation subject to UK Government review to reflect increase in automation
Autonomous technology is being embraced by the maritime industry. It provides solutions to many difficulties facing the sector, including the demand for efficiency, sustainability and coping with a dwindling work force. However, its use also raises questions around liability and additional risks for the operators and their insurers.
Marine Brief: latest decisions November 2021
In this briefing, we consider some recent decisions addressing issues including sanctions clauses in LOUs, appropriate time zones when calculating demurrage notice periods and safe navigation duties for ports and ship owners.
Case review 11/01/2021
Completion of discharge - but at what time (zone)
Previously, the English courts have had to address what supporting documents are required in order to meet certain provisions, however in the recent case of the MT Maria, the English High Court had a different problem to grapple with: which time zone is relevant for the purposes of determining when discharge was completed, to identify when the time limit would expire?