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Articles and case comments
- On Breaking the Limitation of Liability for Maritime Claims(Comment Upon the Judgment of the Commercial Court of the Far Eastern District in Case A51–383/2024 dd. 20 April 2026) Russia is a party to the 1976 LLMC Convention and the 1996 Protocol. The Convention provides for general limits of liability for particular types of maritime claims, including the…
- Practice of Application of Conventions in the Field of International Maritime Law by Russian Commercial Courts in the Absence of a Foreign ElementNumerous 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.
- Some Aspects of Ship Arrest in RussiaThe 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.
- Statistics on Ship Arrests in the Russian Federation for 2012 to the First Half of 2025From 2021 to 2025, the Russian courts issued 175 rulings related to the arrest of ships. In total, 49 arrests were granted. The other 126 applications were unsuccessful. Four rulings, even though they did not grant maritime arrest, prohibited changing the register entries regarding the ship.…
- Salvage case (No. A53-6375/2023)Circumstances On 24 October 2020, Morspassluzhba FSBI (the salvor) received information on the tank explosion that happened onboard the tanker General Azi Aslanov belonging to Palmali LLC (the shipowner). As part of the salvage operation, on 25 October 2020, the salvor and the shipowner entered…
- The Kmax Pro [2023] SGHCR 21This was an application to set aside the default order. The dispute arose in connection with the wreck removal agreement. The contractor (the claimant) claimed against the hiring party (the defendant) for recovering the debt under the contract concluded in the BIMCO Wreckstage 2010 form. The tanker…
- Star Axe v. Royal Alliance [2023] EWHC 2784 (Comm)This case dealt with the question of which edition, 1994 or 2016, of the York-Antwerp Rules (YAR) should apply. The claimant issued 7 Congenbills bills of lading in 2021. On 03 November 2021, the vessel with cargo onboard struck an unknown submerged object and sustained damage. The claimant…
- Seatrium New Energy Ltd. (formerly known as Keppel FELS Ltd.) v. HJ Shipbuilding & Construction Co. Ltd. (formerly known as Hanjin Heavy Industries and Construction Co. Ltd.) [2023]Tribunal: The General Division of the High Court of the Republic of Singapore. Date of the decision: September 20, 2023. Plaintiff: Seatrium New Energy Ltd. (formerly known as Keppel FELS Ltd.) (hereinafter referred to as “Shipbuilder”). Shipbuilder is a Singapore-based company involved in the…
- Quadra v. XL Insurance [2023] EWCA Civ 432This was a claim made by Quadra (the claimant) against its insurers (the defendant) for the insurance compensation under the Marine Cargo Open Policy. The claimant entered into agreements to purchase the grain with several companies belonging to the Ukrainian group Agroinvest (the seller). The…
- Kuvera Resources Pte. Ltd. v. JPMorgan Chase Bank NA [2023] SGCA 28This was the claim made by Kuvera Resources Pte. Ltd. (the claimant) for executing the letters of credit in its favour by JPMorgan Chase Bank NA (the defendant). The claimant paid the Indonesian seller in advance to facilitate the sale and purchase of the coal agreement. The buyer of the coal was…
- Deutsche Bank AG v. RusChemAlliance LLC [2023] EWCA Civ 1144This was an application for an anti-suit injunction (ASI) by Deutsche Bank AG (the applicant) against RusChemAlliance LLC (the defendant). The defendant entered into an agreement with the German company (the contractor) for the engineering, procurement and construction of the LNG plant in Ust-Luga.…
- Chubb Insurance Singapore Ltd. v. Sizer Metals Pte. Ltd. [2023] SGHC(A) 17Tribunal: The Appellate Division of the High Court of the Republic of Singapore. Date of the decision: May 3, 2023. Appellant (Original Defendant): Chubb Insurance Singapore Ltd. (hereinafter referred to as “Chubb”). Appellee (Original Plaintiff): Sizer Metals Pte. Ltd. (hereinafter referred to as…
- Angsley Investments Ltd. v. Jupiter Denizcilik Tasimacilik Mumessillik San Ve Ticaret Ltd. Sirketi and Others (The Lima I and The Lima II) – Bombay High Court (Justice Shriram and Justice Patil), 8 March 2023Tribunal: High Court of Bombay. Date of the decision: March 8, 2023. Appellant / Original Defendant No. 3: Angsley Investments Ltd. (hereinafter referred to as “Angsley”). Original plaintiff: Jupiter Denizcilik Tasimacilik Mumessillik San Ve Ticaret Ltd Sirketi (hereinafter referred to as…
- AMS Ameropa Marketing Sales AG and Another v. Ocean Unity Navigation Inc. (KBD (Comm Ct)) [2023] EWHC 3264 (Comm)Tribunal: King’s Bench Division of the High Court of Justice, Commercial Court. Date of the decision: December 19, 2023. First Claimant: AMS Ameropa Marketing Sales AG, the assignee of the rights of International Oil Multiseed Extraction Co. (hereinafter referred to as “Oilex”). Oilex is the lawful…
- Database of Judicial Decisions on International Conventions“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.”
- Explanations of Judicial Practice as a Product of the 1942 German Reform of Justice Institutions and Judicial SystemThe 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
- Demurrage Not Seen as DamagesCommentary to case No. A70-14648/2021 (FSUE “Atomflot” v. Zapsibgazprom-Gasification Ltd.)
- Every Man for HimselfCommentary to the Case No. А51-9022/2020 (LLC “Fesco Service” v LLC “Avers”)
- Do Not Hire a Ship If You Are Afraid of ArrestJudgement 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”)
- Indebtedness That Was Not Collected due to the Public Policy of the Russian FederationCase No. А40-127542/2020 (JSC “Belomortrans” v LLC “Neva-Charter”)
- Not All Claims Are Equally “Maritime”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 PartyJudgement 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 MarchRuling 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”)
- Towing Orders by PhoneJudgement 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)
- “Nuclear” Refusal to Arrest the VesselRuling 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 ServicesJudgement of the Commercial Court of the Vologda Region dated October 6, 2020 in case No. A13-20252/2019 (LLC P.TransKo v PJSC Severstal)
- “Maritime” / “Non-maritime” Dispute / No a DisputeJudgement of the Commercial Court of Primorsky Region dated November 26, 2020 in case No. А51-9725/2020 (Atlas Marine Co. Ltd. v LLC “PrimPortService”)
- If there are grounds to pay demurrage, it does not matter whether the demurrage was paid in advance or notOrder of the Supreme Court of 19.11.2019, case А40-175069/2018 (Al Khubub LLC v. AGL LLC) Facts: Al Khubub (charterers, shippers) and AGL (owners, carriers) entered into a voyage charter on a modified GENCON 1994 form for the transport of barley on The Volgo-Balt 106 vessel from the port of Kavkaz…
Maritime case statistics
- Statistics and Overview of selected casesThe issue of the Maritime Law Journal covers the whole year 2023. We traditionally summarize the statistics of commercial maritime disputes considered by commercial courts. The characteristics of this period is the adoption of the Resolution of the Plenum of the Supreme Court of the Russian…