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Report 30 jan 2023
Drawing on our experience across various risks, this 2023 insurance forecast report highlights some of the key trends that we anticipate will shape the insurance agenda for 2023 and beyond.
Article 24 jan 2023
Navigating the differences in determining Jones Act and Longshore status for defending claims in maritime litigation
At first glance, the waters can be murky when wading through a determination of a maritime employee’s status as a Jones Act seaman or a longshoreman. The determination of whether an individual is a Jones Act seaman or a longshoreman, which determination is based on the individual's job duties, the nature of their work, and the specific circumstances under which the individual is employed, is critically important. The Jones Act, 46 U.S.C. § 688, and the Longshore and Harbor Workers' Compensation Act (“LHWCA”), 33 U.S.C. § 901 et seq., each provide different legal protections and remedies for workers who are injured on the job.
News 9 jan 2023
Aviva has announced the conclusion of the first comprehensive review of its defendant legal panel in 10 years.
Article 22 dez 2022
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.
Case review 11 nov 2022
The Commercial Court considered an arbitration tribunal decision that found that the time bar in Article III rule (6) of the Hague Visby Rules (HVR) does apply to misdelivery claims after the discharge of cargo.
News 25 out 2022
Top accolades awarded to the firm in the latest Chambers & Partners guide to leading law firms and lawyers across the country.
Case review 12 out 2022
In this article we explore the recent decision of Carnival plc v Karpik (The Ruby Princess) where the Full Court of the Federal Court of Australia considered whether contracts which purport to exclude a right to participate in a class action are enforceable under Australian law.
News 11 out 2022
Following the publication of The Legal 500 UK 2023, we are proud to announce that the firm has once again achieved impressive rankings and recognition within the latest guide to leading law firms and lawyers.
Case review 10 out 2022
Shipbuilding bank guarantee battle - NSW Supreme Court allows call on bank guarantee amidst an ongoing US$1bn arbitral dispute over FPSO construction
In the recent decision of Daewoo Shipbuilding & Marine Engineering Co Ltd v Inpex Operations Australia Pty Ltd, the NSW Supreme Court held that a party will not, prima facie, be precluded from calling upon a bank guarantee for the sole reason that arbitral proceedings have been commenced and are pending determination.
Article 6 out 2022
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.