RUSSIAN MARITIME LAW ASSOCIATION

Publications → Section → Articles

Articles and case comments

Articles from the Maritime Law journal and comments on case law: Russian and foreign court judgments, arbitral awards and maritime arbitration commission cases. Grouped by year, newest first.

214 publications · 479 thousand words
Topics

Found: 149 · newest first

Cyber Risks: The Limits of Liability in Modern Marine InsuranceArticles · issue 2/2026 · Pakharenko O. · 9 July 2026
Marine Cargo Insurance: Common Mistakes and Defence Strategies in Loss AdjustmentArticles · issue 2/2026 · Ilya Chekhin · 8 July 2026

The article examines the legal issues arising in the adjustment of marine insurance claims. The author analyses the features of the legal framework of marine insurance, addresses current issues in judicial practice, reviews significant Russian court judgments, and provides practical recommendations for minimising risks for parties involved in maritime carriage.

The Sue & Labour Clause in a Marine Insurance Contract: Balance of Interests in Risk AllocationArticles · issue 2/2026 · Elizaveta Bogdanova, Student at MGIMO University of the Ministry of Foreign Affairs of Russia · 7 July 2026

The article deals with the sue & labour clause in marine insurance contracts. With reference to historical development and modern judicial practice, the author analyses the balance of interests between the parties. The author undertakes a comparative legal analysis and demonstrates the variety of approaches to compensation of damages under the sue & labour clause.

Breach of the Safe Port Warranty: Charterers’ Liability and the Handling of Insurance ClaimsArticles · issue 2/2026 · Alexander Kartashov · 6 July 2026

This article examines breach of the safe port warranty as one of the principal risks covered by charterers’ liability insurance. It analyses the safe port criteria developed under English case law, and their impact on a charterer’s liability in damages. Attention is paid to the handling of insurance claims arising from breach of the safe port warranty, and to the steps to be taken by charterers and their insurers upon receipt of a claim from the shipowner.

On Breaking the Limitation of Liability for Maritime ClaimsArticles · issue 2/2026 · Bulat Karimov · 4 July 2026
A View from Abroad: The Conference and Congress Practice of the Spanish Maritime Law Association (AEDM)Articles · issue 2/2026 · Egor Kolesnik · 2 July 2026 · journal news
Inside the MSAL Summer School of Maritime LawArticles · issue 2/2026 · 1 July 2026 · journal news

The 12th Summer School for Young Scholars, entitled “Maritime Law: Safeguarding Russia’s State Sovereignty, Security and Economic Development,” was held at Kutafin Moscow State Law University (MSAL) from 2 to 5 June 2026. The event brought together 70 participants under the age of 35. Members of our Association were also among them.

The Shadow Fleet and a Rapidly Changing Reality: Highlights from the CMI Colloquium in BrazilArticles · issue 2/2026 · 30 June 2026 · journal news

The Colloquium and General Assembly of the Comité Maritime International (CMI) took place in Rio de Janeiro from 12 to 15 May 2026. Over the course of four days, around 400 delegates from national maritime law associations and industry representatives from around the world covered the issues currently at the forefront of their agenda, from the decarbonisation of shipping to fraudulent ship registries and the shadow fleet. The Russian Maritime Law Association (RUMLA) was represented by its president, Konstantin Krasnokutskiy.

ForewordArticles · issue 1/2026 · Konstantin Krasnokutskiy · 8 April 2026
Practice of Application of Conventions in the Field of International Maritime Law by Russian Commercial Courts in the Absence of a Foreign ElementArticles · issue 1/2026 · Barinskaya I. · 7 April 2026

Numerous studies have been devoted to the issue of the application of international treaties, particularly conventions, by Russian commercial courts. However, these studies primarily address situations where a foreign element is present in the dispute. No scholarly works analysing the use of international treaties in maritime disputes in the absence of a foreign element have been identified. In light of the above, this article will attempt to present such an analysis.

War-Risk Insurance: The Approach of the Supreme Court of the Russian Federation and Some Practical RecommendationsArticles · issue 1/2026 · Anna Arkhipova · 5 April 2026

It has become increasingly clear to policyholders of late that war risks need not only to be insured separately, but also to be specified far more precisely in insurance contracts. At the same time, the established trend in the application of Article 964 of the Russian Civil Code does not prohibit insurers from including clauses in insurance terms that define the scope of covered and excluded risks. An Associate Professor at the S.S. Alekseev Private Law Research Centre reflects on how insurance practices are changing as war risks increase.

The Military Crisis in the Middle East: Yet Another Blow to ShippingArticles · issue 1/2026 · Alexey Malakhovskiy · 3 April 2026

A new large-scale armed conflict broke out in late February 2026. The US and Israel launched a military operation against Iran, which responded by blocking the Strait of Hormuz: a third of the world’s liquefied natural gas, nearly a quarter of the world’s oil consumption, and many other goods are transported through this strait. Following several days of hostilities, the Islamic Revolutionary Guard Corps stated that only vessels with specific permission from Iranian authorities could expect to pass through the Strait of Hormuz. At the time of publication, around 30 vessels of various types, including container ships, bulk carriers and tankers, had been affected by hostilities in the Strait of Hormuz.

Containerisation: How Legal Regulation Lags Behind PracticeArticles · issue 1/2026 · Elizaveta Bogdanova · 2 April 2026

In late March, the Maritime Law Association held a scholarly seminar for its members on the regulation of container carriage by sea. The presentation was delivered by Mustafa Yilmaz, a specialist from the University of Liverpool (PhD in Maritime Law). He was a research fellow at the Centre for Maritime Law at the National University of Singapore, worked at the Ankara University, and taught as a visiting lecturer at the University of Hertfordshire. Mustafa Yilmaz is also the author of the first Turkish monograph on autonomous shipping.

Association NewsArticles · issue 1/2026 · 31 March 2026 · journal news
Storm in Maritime Carriage: Perils of the Sea, Force Majeure, and Carrier LiabilityArticles · issue 4/2025 · Chekhin I. · 8 January 2026

This article examines whether storm conditions may serve as a basis for exempting the carrier from liability in the carriage of goods by sea. The author demonstrates that Russian courts apply a strict approach to the burden of proving “perils and accidents of the sea” and “force majeure,” taking into account the geography and season, the strength and duration of the storm’s impact, and the master’s awareness of weather conditions during the voyage. The concluding section outlines the key arguments on the basis of which courts typically refuse to exempt carriers from liability.

Jurisdiction Clause in a Bill of Lading. Conflict of Jurisdictions in Private International Law. Experience of Russia and SpainArticles · issue 4/2025 · Gavrilova Varvara Andreevna · 7 January 2026

The essay examines jurisdictional clauses in bills of lading in the context of Russian and Spanish legislation. It analyses the impact of such clauses on legal proceedings and the correlation between contractual autonomy and exclusive jurisdiction. A comparison of legal systems reveals problems with the unification of norms, reflecting the relevance of the topic for the development of international maritime law and the activities of the Russian Maritime Law Association.

Determining Causation in Marine InsuranceArticles · issue 4/2025 · Barinskaya Inessa Mikhailovna, Junior Associate, ALRUD Law Firm, Student, HSE University · 6 January 2026

Issues of causation, within the framework of civil liability in contract and tort law, have been sufficiently developed. At the same time, not all of these concepts can be used for the purposes of marine insurance. Nevertheless, the issue of causation has not been thoroughly addressed in Russian scholarship. In connection with the above, this paper attempts to provide an overview of existing Russian and foreign sources on the determination of causality in marine insurance. In addition, an analysis of domestic judicial practice will be provided.

Marine Insurance Under Sanctions: Conflict-of-Law Issues, Sanctions Clauses, Arbitration and EnforcementArticles · issue 4/2025 · Podguzova Varvara Sergeevna, Saint Petersburg State University · 5 January 2026

Sanctions have radically reshaped the landscape of marine insurance, creating new challenges for international arbitration: the nature of disputes and associated risk allocation is evolving, contractual clauses are being reconfigured, and claims to handling mechanisms are being recalibrated. This article examines conflict-of-laws issues “law, jurisdiction, and public policy” and contemporary dispute-resolution practice, including the enforceability of arbitration clauses and the recognition and enforcement of arbitral awards under the 1958 New York Convention. Emphasis is given to the London market. Through selected examples, the article demonstrates how sanctions and compliance requirements transform the allocation of risks between insureds and insurers, including P&I Clubs.

The Correlation Between Applicable Law and Standard Contracts in Shipbuilding IndustryArticles · issue 4/2025 · Alieva P. · 4 January 2026

The essay is devoted to analysis of rules applicable to shipbuilding contracts. It examines legal solutions based on the contractual typology of the shipbuilding contract under English and Russian law, and it also provides an analysis of certain aspects of international shipbuilding standard contracts from the standpoint of Russian law. The study emphasises the importance of comparative analysis in shaping legal standards in the field of international shipbuilding.

On the Essay PrizeArticles · issue 4/2025 · Malakhovskiy A. · 3 January 2026 · journal news
The 120th Anniversary of the Russian Maritime Law Society: A RetrospectiveArticles · issue 4/2025 · 31 December 2025 · journal news

On 31 October 2025, around a hundred guests assembled at Wawelberg Hall for a conference hosted by the Russian Maritime Law Association (RUMLA). The choice of venue was far from coincidental: before the 1917 Revolution, the building had served as the main hall of the Trading Bank and was frequently visited by members of the Russian Maritime Law Society (RMLS). In the opening session, RUMLA’s executive secretary, Alexey Malakhovskiy, outlined some of the most striking episodes in the Society’s history and presented a substantial research project undertaken by the Association over the past four years.

Interview with the Heads of DENUO’s Transport PracticeArticles · issue 3/2025 · Anna Otkina · 4 October 2025

The transport practice group of Denuo joined RUMLA in the summer of 2025. Partner Anna Otkina and Counsel Anna Antonova are now among the members. In an exclusive interview, they shared the story of how they came into the field of maritime law. They also discussed the potential benefits that Lex Maritima could bring to the sector and pointed out a number of problematic challenges from the fraudulent registration of vessels to ensuring the principle of freedom of navigation is upheld.

Angary of ShipsArticles · issue 3/2025 · Renato Pezoa Huerta · 3 October 2025

This article studies, analyses and systematises the institution of ship Angary, with greater emphasis, but not limited to historiographical aspects, with a dual focus: on the one hand, determining, analysing and conceptualising its characteristics from the perspective of international law and maritime law; and on the other, understanding its impact – possibly still relevant today – on maritime hull insurance coverage and charters.

Limitation of Shipowner’s Liability: Obstacles to the Doctrine’s Practical ApplicationArticles · issue 3/2025 · 2 October 2025

In early August, the Maritime Law Association hosted a seminar at which experts examined when a shipowner can be deprived of the right to limit their liability. The discussion was led by Anna Arkhipova, Vice-President of the MAC under the Russian Chamber of Commerce and Industry, alongside RUMLA President Konstantin Krasnokutskiy and his deputy, Konstantin Putrya, PhD (Law).

95 Years of the Maritime Arbitration Commission: a Legacy Shaped by Its PeopleArticles · issue 3/2025 · Ekaterina Tkachenko · 30 September 2025

At the heart of any institution’s history lie the people whose commitment and determination gave it life and carried it forward. The 95-year history of the Maritime Arbitration Commission (MAC), Russia’s oldest specialised arbitration, is not just a timeline of procedural rules and decisions, but a complex and often dramatic chronicle of human destinies.

Interim Measures in Maritime Disputes: Jurisdictional Competition or Concurrent CompetenceArticles · issue 2/2025 · Konstantin Putrya · 5 July 2025
Some Aspects of Ship Arrest in RussiaArticles · issue 2/2025 · Bulat Karimov · 4 July 2025

The note deals with the problematic aspects of ship arrest in Russia. Analysis is based on the recent judicial practice of Russian commercial courts. The author briefly describes the arrest procedure and discusses the issues arising from violating time limits stipulated by law, alternative security measures, and the consequences of economic sanctions. To conclude, the author reflects on the specifics of ship arrest regulation in Russia and provides general characteristics of ship arrest.

Members of the Russian Maritime Law Society: From Composer to WinemakerArticles · issue 2/2025 · Ekaterina Tkachenko · 30 June 2025

In our previous article, we explored the origins of the Russian Maritime Law Society, the goals it pursued, and how effectively it fulfilled them. This article continues that research, now through the lens of personal stories. Presented here are the biographies of members of the Society and Russian honorary members of the Comité Maritime International (CMI), whose identities we have been able to establish. Their lives have been reconstructed piece by piece from archival documents, family recollections, and rare online sources.

IntroductionArticles · issue 1/2025 · 6 April 2025
Regulation of General Average in Maritime ArbitrationArticles · issue 1/2025 · Daria Zhdan-Pushkina, Arbitrator, Mediator, Executive Director of the Solis Mediation Centre · 5 April 2025
General Average: Development and Characteristics of the InstitutionArticles · issue 1/2025 · Evgeniia Shikholeva · 4 April 2025

The article examines the institution of general average, focusing on the development of the concept and its key characteristics. The author explores the historical stages of the institution’s formation and the modern approach to its application.

Russian Maritime Law Society at the beginning of the 20th century: Origins, Founders, and PurposeArticles · issue 1/2025 · Ekaterina Tkachenko · 1 April 2025

This article offers a detailed historical overview of the Russian Maritime Law Society, drawing upon previously unpublished archival materials. It provides a comprehensive analysis of the historical and social background in which the foundations were laid for the establishment of the first association of its kind within the Russian Empire. The article examines rules of maritime law of that period and cites correspondence between the Comité Maritime International (hereinafter referred to as CMI or the Committee) and Russian ministers, in which the supranational organization makes a compelling case for the rationale behind the formation of a national Maritime Law Society. The publication also briefly outlines the history of the Society, revealing the procedures by which new members joined, how meetings were held, and how the members prepared for the Comité Maritime International conferences. Furthermore, for the very first time, we are unveiling a complete list of Society members as of 1913.

Announcement of the 120th JubileeArticles · issue 1/2025 · 31 March 2025 · journal news
The IOPC Funds’ Claims Manual. Translation into the Russian languageArticles · issue 1/2024 · Bulat Karimov · 22 July 2024
The Accident on the Deepwater Horizon Oil Rig: a Trial AnalysisArticles · issue 1/2024 · Pavel Kormich · 19 July 2024

The article analyses the legal consequences of the accident on the Deepwater Horizon oil platform. The author investigates the existing mechanism for compensation for sea oil pollution damage established by the Convention on Liability for Oil Pollution at Sea – CLC Convention and the Convention on the Establishment of the International Oil Pollution Compensation Fund. The paper examines the shortcomings of compensation for damages for oil pollution at sea established by the aforementioned acts and the reasons for the non-application of the CLC Convention in this litigation. Based on the dispute, it examines how the domestic law of the United States is applied in resolving oil spill cases.

Salvage case (No. A53-6375/2023)Articles · issue 1/2024 · 17 July 2024
The Kmax Pro [2023] SGHCR 21Articles · issue 2023 · 2 January 2024
Star Axe v. Royal Alliance [2023] EWHC 2784 (Comm)Articles · issue 2023 · 2 January 2024
Quadra v. XL Insurance [2023] EWCA Civ 432Articles · issue 2023 · 2 January 2024
Deutsche Bank AG v. RusChemAlliance LLC [2023] EWCA Civ 1144Articles · issue 2023 · 2 January 2024
CMI Conference in MontrealArticles · issue 2023 · 31 December 2023 · journal news
The CMI Guidelines Relating to General AverageArticles · issue 4/2022 · 7 January 2023
Database of Judicial Decisions on International ConventionsArticles · issue 4/2022 · Overview prepared by Konstantin Krasnokutskiy · 6 January 2023

“Our object was to give to the sea, which is the natural tie between the nations, the benefit of a uniform law, which will be rational, deliberated, equitable in its inception and practical in its text. We have considered that in our work, the shipowner, the merchant, the underwriter, the average adjuster, the banker, the parties directly interested should have the leading part: that the task of the lawyer was to discern what in this maritime community was the general feeling, which, among these divergent interests, is common to all; to discern also which of the various solutions is the best; to contribute to the common work his science and his experience, but that ultimately the lawyer should hold the pen and that the man of practice should dictate the solutions.”

Restatement of the Lex Maritima //Articles · issue 4/2022 · 4 January 2023
The Legal Nature of the Freight Forwarding Contract: Foreign Experience and Russian UnderstandingArticles · issue 4/2022 · Bulat Karimov · 3 January 2023

The article is devoted to establishing the legal nature of the freight forwarding contract. For this purpose, the author analyses the economic nature of the said contract, its subject matter and liability for its breach. In addition, the article provides foreign experience of regulation of the said institute in the legal orders of England, Germany and France. The author compares some aspects of the legal concept of the freight forwarding in Russia and in the legal orders mentioned above. The conclusion of the study is that the freight forwarding contract in the Russian law is formulated not based on the subject matter of the contract but based on its object. The result of this approach is that a rather large number of binding relations may be covered by the definition of the freight forwarding. This, in turn, may lead to adverse consequences for the legal order and civil turnover since, under Russian law, the freight forwarder’s liability is limited.

The Bill of Lading Jurisdiction Clause. A cross channel conflictArticles · issue 3/2022 · Peter Iglikowski · 8 October 2022

This article examines the establishment of those legal principles that have historically evolved in this area under French civil law. The article also traces the development of the practice of the French courts, which is gradually moving away from the limitations contained in previous decisions concerning the validity of jurisdictional clauses.

The Legal Nature of the Contract of Carriage of Goods: Foreign Experience and Russian UnderstandingArticles · issue 3/2022 · Bulat Karimov · 7 October 2022

The article deals with the legal nature of the contract of carriage of goods. For this purpose, the author defines the economic purpose of the contract, its subject matter and the liability for its breach. According to these three components, the article is divided into three parts. The author also examines the regulation of the contract of carriage in foreign jurisdictions, namely English, German and French law. On the basis of the material analysed, the author concludes that it is possible to subdivide the obligations under the contract of carriage into obligations on the cargo and obligations on the vessel. It is pointed out in the article that Russian legal doctrine has a view of carriage which is a bit unique from the other legal systems while there are no actual grounds for such understanding. The author concludes that the contract of carriage in Russian law is an obligation on the cargo which includes an obligation on the vessel.

Agreement on Conducting a Mediation Procedure and Rules for Mediation for International and Maritime DisputesArticles · issue 3/2022 · Daria Zhdan-Pushkina, mediator of the Mediation Center Solis · 6 October 2022

The article is devoted to the analysis of the concept and importance of mediation in the legal system. The author introduces the stages of planning and conducting mediation, highlights the key functions of the mediator. The article also examines the use of mediation as a way to protect the rights and freedoms of citizens.

Expropriation of a Foreign-Flagged Vessel – a Measure Unfavourable for allArticles · issue 3/2022 · Maria Erokhova · 5 October 2022

The article examines the problem of expropriation of foreign vessels during the *** in Ukraine. The authors consider expropriation without monetary compensation and not on the grounds of a court judgement is an illegal and Unfavourable act. The point is that vessels are registered in the registers, which are usually kept by ports all over the world. The registration is a condition of vessels’ operation. In case of illegal expropriation, it is impossible to change the entry for a vessel in a foreign register. Consequently, the vessel cannot leave the port of any state since she will be arrested. Vessels, which were expropriated illegally, cannot be operated for their intended purpose in the modern world.

Information on Seaport Operations is Closed to Foreign ShareholdersArticles · issue 3/2022 · Maria Erokhova · 4 October 2022

Russian court refused to provide information to a shareholder owning 43% of the voting shares of the Russian joint-stock company Kaliningrad Commercial Seaport because the claimant was a UK resident. The UK authorities have adopted regulations allowing the imposition of restrictive measures on Russian entities operating in the transport sector and a wide range of others. The defendant carries on activities in the field of transport and is the operator of a marine terminal, therefore, the provision of documents and information to the plaintiff in accordance with the requirements of the Joint Stock Companies Act may lead to the introduction of new restrictive measures against the Port and/or other persons, of which the plaintiff learns from the documents of the defendant.

Maritime Law: Problems and ProspectsArticles · issue 3/2022 · 2 October 2022 · journal news

Interview with senior lecturer of the National Research University «Higher School of Economics», Saint-Petersburg Konstantin Putrya

A brief history of the Russian Maritime Law Society (1905–1917)Articles · issue 3/2022 · Julia Medvedeva · 1 October 2022 · journal news

This article is essentially a historical review of the Russian Maritime Law Society. The text is divided into four parts. The first part deals with the foundation of the Society and the role of Grand Duke Alexander Mikhailovich Romanov, who approved the Charter of the Society. The second part describes the purpose of the Society, namely, to unite the efforts of lawyers to study, develop and unify maritime law; this part also describes the international analogue of the Society, the Comite Maritime International. The Russian Society was its member. The third part describes the activities of the Comite Maritime International in developing international conventions in the field of maritime law. The lack of information regarding the Russian Society of Maritime Law in the Russian archives is made up for through the archives of Comite Maritime International, namely, the minutes of the negotiations of the conventions drafts. The fourth part deals with the personalities and their activities in the Society.

Nationality of the Child Born Onboard a Ship: the “Right of Blood” and the “Right of Soil” ApproachArticles · issue 2/2022 · Kseniia Spekhova · 5 July 2022

The article examines the main problems that arise in determining the citizenship of a child born onboard a ship. It is concluded that even among the states that use the «right of blood» as a general principle for determining citizenship, the «right of soil» is actively used as an optional method for determining the child’s right to citizenship. Russian legislation requires precising the regulations with respect the status of children born onboard a ship flying the flag of the Russian Federation.

New Old BIMCO SHIPSALE 22 FormArticles · issue 2/2022 · Konstantin Putrya · 4 July 2022

The article deals with the new proforma BIMCO SHIPSALE 22, developed for the secondary ship market. At the beginning of the article, a general idea is given of what the proforma is. Having briefly reviewed the proforma that preceded SHIPSALE 22, which were used in practice for the sale of ships, the author offers an analysis of the main changes in the new proforma and gives them a short commentary based on his own experience.

The Real Effect of Declaration of Abandonment in Maritime Law in the UK and RussiaArticles · issue 2/2022 · Tatiana Dragunova · 3 July 2022

The article studies the real effect of the abandonment in Russian maritime insurance. On the one hand, the author examines the reasons why the institution of the abandonment arose in English maritime insurance and the goals which it was intended to fulfil. On the other hand, she analyses the mechanism for the emergence of title (ownership) under the Russian Civil Code. As a result, the author concludes that the need to preserve the real effect of the declaration of abandonment in Russian maritime law is highly questionable.

Cargo Loss in Krekshino, or on Attachment of Risk of Cargo Missing on a CarrierArticles · issue 2/2022 · Maria Erokhova · 2 July 2022

The commercial court concluded that the risk of loss of the cargo sealed was borne by the carrier and not by the shipowner. Unless the property insurance contract provides otherwise, the insurer who paid the indemnity shall be entitled to claim the damages by way of subrogation.

The Upcoming CMI Assembly in AntwerpArticles · issue 2/2022 · 30 June 2022 · journal news
Autonomous Shipping in Russia: Tortious Liability of Shipowners and Software Developers. Part 2Articles · issue 1/2022 · Ivan Kobchenko · 8 April 2022

In this article, the author continues the study of the allocation of tortious liability between the shipowner and software developer in the case of harm to third parties due to an error of the artificial intelligence of an autonomous vessel. Now the focus of attention shifts to the second of the two previously formulated model situations, namely the infliction of harm due to a ship collision (on the basis of Russian law). This analysis provides a new perspective on the standard of shipowner’s liability in a collision. Where harm is caused by a software error of an autonomous vessel, it is more equitable to impose the burden of strict liability on the shipowner for program errors. This approach should be pursued explicitly to avoid a mixture of de jure strict liability and de facto strict liability imputed under the guise of a fault-based breach of a duty to make a ship seaworthy. This does not exclude further recourse by the shipowner against the software developer. On the contrary, as regards the liability of the software developer towards third parties, the conclusions of the first part of the study remain valid: the software developer may bear the liability for fault-based violations committed while creating the IT product. At the same time, the question as to how far such a link between the software and its creator can be established remains open.

The Bill on Autonomous Shipping: Some Concerns and SuggestionsArticles · issue 1/2022 · Anna Arkhipova · 7 April 2022

In December 2021 a bill on autonomous shipping has been introduced into the Russian State Duma. The article analyzes whether it is time to adopt legislation on this subject. The author describes international experience in the field of autonomous shipping and sets out various scenarios according to which Russian legislation on this matter can be developed. Some concerns are raised in relation to the Bill’s terminology, its provisions on classification of autonomous vessels, status of remote crew, and performance of shipping contracts. The article points out that adoption of the Bill in its current wording, especially without detailed provisions on autonomous vessels’ liability and its insurance, may result in serious problems.

Explanations of Judicial Practice as a Product of the 1942 German Reform of Justice Institutions and Judicial SystemArticles · issue 1/2022 · K.V. Gnitsevich · 6 April 2022

The article is devoted to the history of the institution of the judicial letters (Richterbriefe), the implementation of which was one of the measures of the German Reform of 1942 of justice institutions and judicial system. According to the idea of its creators, this institution was supposed to form a «correct» view of judicial manpower concerning the judicial practice, corresponding to the needs of society and of the state, by means of the selective publications of extracts from judgements on specific cases. The Imperial Ministry of Justice was assigned to make the systematisation of the judicial practice for its «streamlining» and «direction». Law reviews and generalisations were published in a specially created press organ with a Ministry’s assessment of the correctness of the judgements. The task of the judicial letters was not to create direct, meaningful directives on the judgements to be made in specific cases, but indirectly to formulate principles for evaluating positive law through the prism of society’s needs in certain adjudication. The article describes the conditions for the establishment of the institution of judicial letters in Nazi Germany, defines also the causes and the motives of the reform of justice announced in 1942, its goals and objectives, as well as its measures to overcome the «crisis of justice». Concerning the institution of judicial letters, the article represents the provided by the reform process of the collection and systematisation of judicial practice, the selection criteria for publication of court decisions, analyses the methodological impact of judicial letters on the law enforcement process, describes the introduction of this institute into practice, including the distribution of judicial letters, and related complications relating to this history. Such a way of influencing the process of administration of justice was not accepted by the German judiciary. It was manifested in the large-scale evasion of judges from fulfiling the obligation to send copies of judgements to the Ministry for systematisation of judicial practice, strengthening with the end of the war approaching. More experienced and old judges interpreted the judicial letters as an instrument for intrusion into their exclusive competence area, which

Limitation of Liability of a Freight Forwarder and his Contractual CounterpartiesArticles · issue 1/2022 · Bulat Karimov · 5 April 2022

Commentary to case No. A40-33406/2021 (DHL Global Forwarding LLC v ATP No. 99-SPb LLC)

Demurrage Not Seen as DamagesArticles · issue 1/2022 · Konstantin Putrya · 4 April 2022

Commentary to case No. A70-14648/2021 (FSUE “Atomflot” v. Zapsibgazprom-Gasification Ltd.)

The Second Seminar on the Judicial Sale of ShipsArticles · issue 1/2022 · 2 April 2022 · journal news
Review of Sanctions in Connection to Russia’s Invasion of UkraineArticles · issue 1/2022 · 1 April 2022 · journal news

Whilst numerous information in the English language is available on sanctions imposed on Russia, foreign parties are less informed on countersanctions enacted by the Russian government. The latter have serious implications on parties dealing with Russia.

News of the Association, Association in International MediaArticles · issue 1/2022 · 31 March 2022 · journal news
“Dead Freight”Articles · issue 5/2021 · Konstantin Putrya · 8 January 2022

The article analyses the legal nature of “dead freight” as losses caused by the failure default to execute the obligation of the charterer to provide the volume of cargo agreed under the contract of carriage of goods by sea. The author gives examples of approaches to the qualification of “dead freight” in Russian and foreign judicial practice, emphasizes the practical relevance of the correct legal qualification of “dead freight”, and also highlights the features of the “dead freight” institute.

Transshipment of Cargo as a Transport Obligation in Private Maritime LawArticles · issue 5/2021 · Sergey Sinitsyn · 7 January 2022

The relations on transshipment (reloading) of goods remain poorly studied, questions arise about the possibility of separating transshipment (reloading) into the class of independent, but related to carriage, transport obligations. Transshipment (reloading) cannot be considered outside the form and content of civil law regulation and be identified only with a technical operation in transport. The legal regulation of transshipment (reloading) in Russian and foreign legislation is not uniform, the legislator is faced with the difficulty of harmonizing the interests of all persons in the law, whose rights may be affected by its implementation. The Russian legislation initiated an approach requiring discussion to the regulation of offshore transshipments with the inclusion of special articles in the Merchant Shipping Code of the Russian Federation (hereinafter – MSC RF), although no fewer interesting questions about determining the nature of obligations for transshipment (reloading) of goods in private maritime law remain on the agenda.

A Waiting Icebreaker, or What Does the Customer Pay for?Articles · issue 5/2021 · Bulat Karimov, Higher School of Economics, Moscow · 6 January 2022

Case No. A33-15874/2020 (FSUE “Rosmorport” v JSC “Khatanga Commercial Seaport”)

Liability Exclusion Clause: All Risks and Liability for the Deck Cargo are on the ShipperArticles · issue 5/2021 · Alexey Kharev · 5 January 2022

Case No. A05-3827/2021 (PJSC “Rosgosstrakh” v JSC “Northern River Shipping”)

When a Bareboat Agreement Is Terminated, the Owner of the Ship is Liable for EverythingArticles · issue 5/2021 · Maria Erokhova · 4 January 2022

Commentary to the Resolution of the Supreme Court of the Russian Federation dated June 3, 2021, No. 307-ЭС21-1344 in case No. А21-4281/2018 (Rosprirodnadzor v “Global-Flot”)

Seminar on the Judicial Sale of ShipsArticles · issue 5/2021 · 2 January 2022 · journal news
A Brief History of the Comité Maritime International and Russia’s MembershipArticles · issue 5/2021 · 1 January 2022 · journal news
General Meeting of the Russian Maritime Law Association “RUMLA”Articles · issue 5/2021 · 31 December 2021 · journal news
Cancelling Clause and Its Connection to Breach of ContractArticles · issue 4/2021 · Pavel Figurov · 10 October 2021
Shipping and the Decarbonization Trend: in Search of a BalanceArticles · issue 4/2021 · Alexey Karchiomov · 8 October 2021
The International Legal Regulation of Combating Maritime PiracyArticles · issue 4/2021 · Kseniia Spekhova · 7 October 2021

The article examines the current state and the main problems of international legal regulation of combating maritime piracy. The conclusion about the necessity of implementation of provisions of the United Nations Convention on the Law of the Sea into the Criminal Code of the Russian Federation is made. Also examined the prospects of creating an international tribunal on piracy and concluded that the creation of an international permanent tribunal on piracy would significantly improve the situation in the sphere of bringing persons who have committed acts of piracy to criminal liability. In addition, the creation of such a tribunal would ensure the security of navigation and additional protection of the constitutional rights of Russian citizens, crew members of merchant ships, as well as promote the economic interests of Russian merchant shipping entities.

Autonomous Shipping in Russia: Tortious Liability of Shipowners and Software Developers. Part 1Articles · issue 4/2021 · Ivan Kobchenko · 5 October 2021

The problem of the allocation of liability between the shipowner and the software developer in case of harm to third parties due to an error of the artificial intelligence of an autonomous vessel presents a serious challenge for private maritime law. There are mainly two possible situations here: 1) infliction of loss without a ship collision; 2) infliction of loss due to a ship collision. This article, being based on Russian law, is concerned with the first case. The author comes to the conclusion that the shipowner bears under all circumstances the non-contractual liability as the possessor of a source of increased danger (autonomous vessel). Further allocation of losses is most likely to be provided for in the contract between the shipowner and the software developer. At the same time, the injured party is entitled to bring a claim directly against the software developer if the latter committed faulty actions when creating an IT product. Moreover, de lege lata such a developer is not entitled to limitations of liability under the maritime law in force. The results of this article will be useful primarily for shipowners, IT companies and other leading market players – pioneers of autonomous shipping.

Every Man for HimselfArticles · issue 4/2021 · Aleksandr Matveev · 4 October 2021

Commentary to the Case No. А51-9022/2020 (LLC “Fesco Service” v LLC “Avers”)

Grabbed Crabs: culpa in eligendo Doctrine Applied to the Owner of the Vessel and His EmployeesArticles · issue 4/2021 · Roman Zhirnov · 3 October 2021

Commentary to the Case No. А51-10555/2016 (“SL Marine Co., Ltd.” v LLC “Ostrov”)

Take-or-Pay a la RusseArticles · issue 4/2021 · Maria Erokhova · 2 October 2021

Commentary to the Resolution of the Supreme Court of the Russian Federation dated August 20, 2021, No. 305-ES21-10216 in case No. A40-328885/2019 (“OTEKO-Portservice” v “Kaproben”)

Russian Salvage formArticles · issue 4/2021 · 30 September 2021 · journal news
Russian Lawyers Rejoin the Comité Maritime InternationalArticles · issue 4/2021 · 30 September 2021 · journal news
“Single Ship” Companies: Some Remedies for Creditors under US Law. Part 2. Rule C Arrest and Maritime LiensArticles · issue 3/2021 · Philip Vagin · 8 July 2021

Part 2 of this article deals with in rem arrests, known in the US as Rule C arrests. This type of proceeding means action is brought directly against the vessel as defendant in order to enforce a maritime lien. Drawing on US case law and legislation, the author considers the peculiarities of maritime liens in general and the special features of these liens in the US, in particular. The article then goes on to discuss several scenarios where Rule C arrests are most effective against one-ship companies.

Advantages and Procedure for the Settlement of a Maritime Dispute through MediationArticles · issue 3/2021 · Daria Zhdan-Pushkina · 7 July 2021

The article discusses what mediation is, and what mediation clauses can be recommended for mediation.

Specific Features of Private Maritime Disputes Arbitration in RussiaArticles · issue 3/2021 · Dmitry L. Davydenko · 6 July 2021

The article deals with specific features of private maritime disputes arbitration in Russia. The analysis is based on the Law of the Russian Federation of July 7, 1993, No. 5358-O “On International Commercial Arbitration”, Regulation on Maritime Arbitration Commission at the Chamber of Commerce and Industry of the Russian Federation (hereinafter – MAC), which is an appendix to this Law, and the 2017 MAC Rules.

Exclusive Jurisdiction at the Place of Seat of the CarrierArticles · issue 3/2021 · 5 July 2021

Case No. А24-3915/2020 (LLC “Kamchatskenergo” v LLC “NIKO”)

Do Not Hire a Ship If You Are Afraid of ArrestArticles · issue 3/2021 · 4 July 2021

Judgement of the Commercial (“Arbitrazh”) Court of the North Caucasus District dated 13 May 2021 in case No. A53-42452/2019 (LLC “Management Company “River-Sea”” v LLC “Vastness”)

Who Pays for the Discharge of Cargo When the Port of Destination Is Changed?Articles · issue 3/2021 · 3 July 2021

Case No. А73-7921/2020 (LLC “Alliance-DV Kamchatka” v LLC “Ventura”)

Indebtedness That Was Not Collected due to the Public Policy of the Russian FederationArticles · issue 3/2021 · 2 July 2021

Case No. А40-127542/2020 (JSC “Belomortrans” v LLC “Neva-Charter”)

Foreword to the ReviewArticles · issue 3/2021 · 1 July 2021
Retention of a Thing that Does Not Belong to the CreditorArticles · issue 2/2021 · Radislav Repin · 13 April 2021
Ship Arrests in Ukrainian Jurisdiction: Annual Review 2020Articles · issue 2/2021 · Evgeniy Sukachev · 11 April 2021
Compensation for Damage Caused to the Environment by an Oil Spill from a Ship. Peculiarities of Russian Law EnforcementArticles · issue 2/2021 · Aleksandra I. Aleksenko, Senior Lawyer of NAVICUS.LAW · 10 April 2021
Non-maritime Claim Arrest of a Vessel in the Russian FederationArticles · issue 2/2021 · Andrey V. Lopatin · 8 April 2021
Sof’ya A. ZarubenkoArticles · issue 2/2021 · Sof’ya A. Zarubenko, degree-seeking student, Department of International Private and Civil Law, Moscow State Institute of International Relations (University) of the Ministry of Foreign Affairs of Russia, Leading Legal Counsel, SCF Arctic LLC (a company of the Sovcomflot Group) · 7 April 2021
Apparent or not Apparent: Order and Condition of the Goods’Articles · issue 2/2021 · 6 April 2021

Noble Chartering Inc v Priminds Shipping Hong Kong Co Ltd (“Tai Prize”) [2021] EWCA Civ 87 (28 January 2021)

Pacific Gulf Shipping Co. v Vigorous Shipping & Trading S.A., No. 20-35159 (9th Cir. 2021)Articles · issue 2/2021 · 5 April 2021

Pacific Gulf Shipping Co. v Vigorous Shipping & Trading S.A., No. 20-35159 (9th Cir. 2021)

Narrow Channel: First Collision Case before the Supreme Court of the United Kingdom in 50 YearsArticles · issue 2/2021 · 4 April 2021

Evergreen Marine (UK) Ltd v Nautical Challenge Ltd [2021] UKSC 6 (19 February 2021)

Not All Claims Are Equally “Maritime”Articles · issue 2/2021 · 3 April 2021

The Resolution of the Commercial (“Arbitrazh”) Court of the Far-Eastern District dated 17 February 2021 in case No. F03-104/2021 (FSOE “Border Administration of the Federal Security Service of the Russian Federation in the Primorsky Region” v “Korea Surim Trading Corporation”)

There is No Investigation into the Causes of the Collision of Ships – There Is No Guilty PartyArticles · issue 2/2021 · 2 April 2021

Judgement of the Commercial (“Arbitrazh”) Court of the North-Western District dated 3 March 2021 in case No. A21-1117/2020 (Fishing collective farm “Worker of the Sea” v FSUE “National Fish Resources”, FSBI “Administration of Seaports of the Baltic Sea”, LLC “Northern Marine Technologies”)[1]

“April” Which Was Arrested in MarchArticles · issue 2/2021 · 1 April 2021

Ruling of the Commercial (“Arbitrazh”) Court of the Krasnodarskyi Region dated 12 March 2021 in case No. А32-9548/2021 (FGBI “Morspassluzjba” v “April Shipping Company”)

The Case of Ransom to Pirates, General Average and Incorporation of the Terms of the Charter into the Bill of LadingArticles · issue 1/2021 · 3 March 2021

Herculito Maritime Ltd. and others v Gunvor International BV and others (m/v “Polar”), [2020] EWHC 3318 (Comm)

Reserved Rights CaseArticles · issue 1/2021 · 2 March 2021

SK Shipping Europe PLC v (3) Capital VLCC 3 Corp and (5) Capital Maritime and Trading Corp (C Challenger), [2020] EWHC 3448 (Comm)

Sunken Silver CaseArticles · issue 1/2021 · 1 March 2021

Argentum Exploration Ltd. v The Silver and all persons claiming to be interested in and/or to have rights in respect of the silver, [2020] EWHC 3434 (Admty)

2001 Bunkers Convention – First Court Case in RussiaArticles · issue 1/2021 · 28 February 2021

Ruling of the Commercial Court of North-West District dated 21 January 2021 in case No. A56-79050/2019 ((FGBU) Administration of Sea Ports of the Baltic Sea, LLC Kontur SPb v Marathi Shipping, The Standard P&I Club)

Demurrage for Container Shipping?Articles · issue 1/2021 · 27 February 2021

Resolution of the 13th Commercial Court of Appeal dated January 18, 2021 No. 13AP-33576/2020 in case No. A56-11369/2020 (LLC Mortrans v LLC Detotex)

A Commercial Vessel or a Vessel Carrying out a State (Government) Non-commercial Service?Articles · issue 1/2021 · 26 February 2021

Judgement of the 9th Commercial Court of Appeal dated January 18, 2021 No. 09АП-69250/2020 in case No. А40-40737/2020 (Federal state budgetary institution (FSBI) “Northern UGMS” v Rosmorrechflot)

Towing Orders by PhoneArticles · issue 1/2021 · 25 February 2021

Judgement of the 5th Commercial Court of Appeal dated January 18, 2021 No. 05AP-7234/2020 in case No. A51-3969/2020 (LLC Far Eastern Sea Transportation v LLC Vostok-Mor-Stroy)

One Has to Pay for Using the Berth, even if the Parties Have Not Signed an AgreementArticles · issue 1/2021 · 24 February 2021

Judgement of the 5th Commercial Court of Appeal dated January 20, 2021 No. 05AP-7848/2020 in case No. A59-1512/2020 (FGUP Rosmorport v LLC Sakhmorflot)

Big Ship BoomArticles · issue 1/2021 · 23 February 2021

Judgement of the Commercial Court of the Krasnodar Territory dated November 20, 2020 in case No. А32-22897/2020 (PJSC IC Ukrainian Insurance Group v Post Holding Assets Ltd.)

“Nuclear” Refusal to Arrest the VesselArticles · issue 1/2021 · 22 February 2021

Ruling of the Commercial Court of the Primorsky Territory dated November 25, 2020 in case No. A51-18495/2020 (FSUE Morspasluzhba v OJSC Concern ASPOL-BALTIC / NWS5 Balt Shipping Co. Ltd.)

Double Payment for Non-rendered Agency ServicesArticles · issue 1/2021 · 21 February 2021

Judgement of the Commercial Court of the Vologda Region dated October 6, 2020 in case No. A13-20252/2019 (LLC P.TransKo v PJSC Severstal)

The Bailiff’s Mistake with Respect to the Ownership of the Goods to the Debtor Turned into Losses to the TreasuryArticles · issue 1/2021 · 20 February 2021

Judgement of the Arbitration Court of St. Petersburg and the Leningrad Region dated October 24, 2020 in case No. А56-53602/2020 (Marshell Oil LLP v Federal Bailiff Service)

“Maritime” / “Non-maritime” Dispute / No a DisputeArticles · issue 1/2021 · 19 February 2021

Judgement of the Commercial Court of Primorsky Region dated November 26, 2020 in case No. А51-9725/2020 (Atlas Marine Co. Ltd. v LLC “PrimPortService”)

How Much and Who Shall Pay for the Oil Pollution at the Seaport of St. Petersburg?Articles · issue 1/2021 · 17 February 2021 · journal news
Largest Maritime Case in Russia in 2020Articles · issue 1/2021 · 16 February 2021 · journal news
REVIEW OF RUSSIAN LEGISLATIONArticles · issue 1/2021 · 15 February 2021
SwissMarine Services S.A. v. Assuranseforeningen SKULD (The Mineral Libin)Articles · issue обзор 3/2020 · 20 November 2020
American Eagle Fishing LLC v The Ship "Koorale"Articles · issue обзор 3/2020 · 19 November 2020
Sea Master Shipping Inc v Arab Bank (Switzerland) Ltd & Yousef Freiha & Sons SAArticles · issue обзор 3/2020 · 18 November 2020
K Line PTE Ltd v Priminds Shipping (HK) Co, Ltd (Rev 1) (The Eternal Bliss)Articles · issue обзор 3/2020 · 17 November 2020
Nautica Marine Ltd v Trafigura Trading LLC (Rev 1)Articles · issue обзор 3/2020 · 16 November 2020
Sale of retained cargo is conditional on proving the location of the cargoArticles · issue обзор 3/2020 · 15 November 2020
The courts took a step towards distinguishing between losses and demurrageArticles · issue обзор 3/2020 · 13 November 2020
The proper respondent is a carrier or freight forwarder or agent?Articles · issue обзор 3/2020 · 11 November 2020

All hashtags · Search