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Shipping E-Brief January 2017

27.01.2017 |Shipping

Paul Herring

Paul Herring Chairman

The Shipping E-Brief is a quarterly publication providing you with key information on legal decisions and developments in shipping and related business areas.

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Our January 2017 edition of the Shipping E-Brief is full of articles dealing with topical shipping issues.

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Shipping E-Brief January 2017 articles 


Cargo cropCourt of Appeal clarifies who bears burden of proof in inherent vice cases

This decision provides a very useful clarification of the burden of proof in cargo claims. It also confirms that general industry practice can be good evidence of a sound system for the carriage of cargo. 
 


Ships horizonLiability without fault under the Inter-Club Agreement

In construing a provision for the apportionment of cargo claims under the ICA, the Court held the Charterers liable for the loss even though they were not at fault.



Cross Border Insolvency 2Cross-border insolvency: the balancing act of lifting an automatic stay

A shipbuilding dispute in which the English Court allowed English proceedings to continue even though foreign insolvency proceedings were underway. 


Courts LondonPackage limitation under Hague Rules does not apply to bulk cargo

The Court has confirmed that package limitation under the Hague Rules does not apply to bulk cargo. There is no previous English decision providing a conclusive answer to this question since the Hague Rules were introduced in 1924.


ship-bow-breaking-the-waterTowcon: meaning of “in light ballast condition” 

“In light ballast condition” is a frequently used towage term but what does it mean?




NYPE Inter-ClubClaims under the NYPE Inter-Club Agreement

A recent London arbitration award that allowed the Owners to recover their legal and experts costs of successfully defending a cargo claim under the ICA.


EmiratesEmirates Maritime Arbitration Centre: a new forum for resolution of maritime disputes in the UAE

EMAC was officially launched in November 2016. We summarise its key features and Rules.




Article authors:

Paul Herring

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