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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 2022-11-11
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.
Case review 2022-10-10
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.
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.
In this edition, we consider the impact of the ongoing strike action at UK ports, the future of clean air initiatives, and the UK Government’s latest proposals to ease the current HGV driver shortage.
In a recent judgment, the Federal Court of Australia considered how Ireland had adopted the Hague Visby Rules (H/V Rules) and if Ireland was deemed to be a ‘Contracting State’.
Case review 2022-08-16
MT ZOUZOU: Court of Appeal declines to hear mortgagee bank’s appeal of Commercial Court decision clarifying the scope of MII policy cover in MII underwriters’ favour
By an Order dated 15 August 2022, the Court of Appeal has refused Piraeus Bank’s application for permission to appeal the decision of the Commercial Court in Piraeus Bank v Antares Underwriting Limited and others (‘The ZOUZOU').
In this publication, Kennedys experts answer a series of questions relating to Spanish shipping law and identify common issues, including marine casualty, cargo claims, passenger claims, arrest and security.
As the first vessel laden with corn departs Odesa port following Russia and Ukraine’s agreement on a ‘safe corridor’ for the shipment of grain stockpiles, we consider the associated challenges for the marine industry and its insurers.
After several years of delays the Personal Data Protection Act B.E. 2562 (2019) ("PDPA") came into force in Thailand on 1 June 2022. Since then, on 20 June 2022, subordinate legislation (the "Notifications") under the PDPA was issued by the Personal Data Protection Committee ("PDPC") and published in the Royal Thai Government Gazette.
These Notifications are intended to set out the various criteria and rules, as well as much needed guidance and clarification, of some key requirements under the PDPA.