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Articles and case comments
- Angary of ShipsThis 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.
- 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…
- The CMI Guidelines Relating to General AverageThe first known statement of the law of general average is a small fragment of ancient Greek legislation, which forms the text for a chapter in the Digest of Justinian: “Lege Rhodia cavetur ut si levandae navis gratia jactus mercium factus est, omnium contributione sarciatur quod pro omnibus datum…
- 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.”
- United Nations Convention on the International Effects of Judicial Sales of ShipsThe instrument shall eliminate the problem of deleting the maritime vessel from the ship registry of one state if the judicial decision to sell has been made in another state. The main idea of the Convention is that for the state of registry the effect of the sale should be exactly the same as in…
- Restatement of the Lex Maritima //Lex Maritima – principles of maritime law, globally recognised 1.1. What is Lex Maritima? There is an understanding among lawyers specializing in the maritime law that this sphere is based on a number of general provisions – the pillars. However, until recently no attempt has been made to identify…
- The Bill of Lading Jurisdiction Clause. A cross channel conflictThis 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 UnderstandingThe 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 DisputesThe 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 allThe 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 ShareholdersRussian 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.
- Nationality of the Child Born Onboard a Ship: the “Right of Blood” and the “Right of Soil” ApproachThe 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 FormThe 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 RussiaThe 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 CarrierThe 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 AntwerpAfter the Mexico City Assembly of the Comité Maritime International (CMI) in September/October 2019, the next CMI Assembly was to be held in Tokyo in 2020. Due to the outbreak of the COVID-19 pandemic, the Assembly in Tokyo was first postponed and then rescheduled to take place in 2025. In 2021…
- Autonomous Shipping in Russia: Tortious Liability of Shipowners and Software Developers. Part 2In 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 SuggestionsIn 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 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
- Limitation of Liability of a Freight Forwarder and his Contractual CounterpartiesCommentary to case No. A40-33406/2021 (DHL Global Forwarding LLC v ATP No. 99-SPb LLC)
- Demurrage Not Seen as DamagesCommentary to case No. A70-14648/2021 (FSUE “Atomflot” v. Zapsibgazprom-Gasification Ltd.)
- The Second Seminar on the Judicial Sale of ShipsOn 1 February 2022, the Russian Maritime Law Association (RUMLA) held its second online seminar, where lawyers discussed the Draft Convention on the Judicial Sale of Ships. Philipp Vagin, Maria Erokhova, Konstantin Krasnokutskiy, Konstantin Putrya, Evgeniy Sukachev, Petr Falileev, Alexander…
- Review of Sanctions in Connection to Russia’s Invasion of UkraineWhilst 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 MediaThe first issue of Maritime Law Journal 1/2022 came at a difficult time, namely the conflict between Russia and Ukraine. The latter required the Association to express its position. A letter was published on 01 March 2022. Prior to publication, the Association had sent out the draft letter to all…
- Seminar on the Judicial Sale of ShipsDecember 7, 2021 Russian Maritime Law Association (RUMLA) held a seminar where lawyers discussed the most problematic issues from the Draft of the Convention on the Judicial Sale of Ships. Anna Arkhipova, Maria Erokhova, Sofia Zarubenko, Konstantin Krasnokutsky, Alexander Povalyaev, Peter Falileev…
- A Brief History of the Comité Maritime International and Russia’s Membership1. Value of Maritime Agreements Since ancient times, seafaring has been one of the main ways of accomplishing trade. The seas have not belonged and do not belong to anyone, and people must agree on conduct at sea. Merchants from different states have to concur on the terms for carriage by sea, and…
- General Meeting of the Russian Maritime Law Association “RUMLA”On 8 October 2021, the Russian Maritime Law Association “RUMLA” held an annual meeting and a celebration to mark its joining the International Maritime Committee (Comité Maritime International (CMI)). Back in September 30th, 2021 the General Assembly of the CMI took place where the issue of…
- The International Legal Regulation of Combating Maritime PiracyThe 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 1The 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.
- Grabbed Crabs: culpa in eligendo Doctrine Applied to the Owner of the Vessel and His EmployeesCommentary to the Case No. А51-10555/2016 (“SL Marine Co., Ltd.” v LLC “Ostrov”)
- “Single Ship” Companies: Some Remedies for Creditors under US Law. Part 1. Alter ego Arrest under Rule B“Single Ship” Companies: Some Remedies for Creditors under US Law. Part 1. Alter ego Arrest under Rule B This article is split into two parts. In Part 1, the author analyzes the problem of “single ship” companies for maritime lenders and explains why US maritime law gives lenders more tools to deal…
- Ship Arrests in Ukrainian Jurisdiction: Annual Review 2020Ship Arrests in Ukrainian Jurisdiction: Annual Review 2020 Ship arrest – one of the most effective tools to secure maritime claims in all jurisdictions. The arrest of a vessel always encourages the Shipowner to take measures to satisfy maritime claims to avoid additional financial losses. The…
- Billion Life Insurance Policy, Investment Time Machine, or What a Fragile Woman, Amanda Blanc, Has to FightSo, given: a composite insurance company, and is engaged in risk and life insurance. There are very few of them in Britain now. This is the one where I worked – “Black Sea”, Ingosstrakhovskaya daughter – that was. Legal & General is also a composite. “RSA” was, but it can now be divided. Aviva. The…
- Non-maritime Claim Arrest of a Vessel in the Russian FederationAndrey V. Lopatin, In practice, there are many situations a ship is seized within the jurisdiction of the Russian Federation for claims that are not maritime. For the majority of ship owners, especially foreign ones, the availability of such an option for the arrest initiator in the context of…
- Apparent or not Apparent: Order and Condition of the Goods’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)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 YearsEvergreen Marine (UK) Ltd v Nautical Challenge Ltd [2021] UKSC 6 (19 February 2021)
- 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”)
- The Case of Ransom to Pirates, General Average and Incorporation of the Terms of the Charter into the Bill of LadingHerculito Maritime Ltd. and others v Gunvor International BV and others (m/v “Polar”), [2020] EWHC 3318 (Comm)
- Reserved Rights CaseSK Shipping Europe PLC v (3) Capital VLCC 3 Corp and (5) Capital Maritime and Trading Corp (C Challenger), [2020] EWHC 3448 (Comm)
- Sunken Silver CaseArgentum 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 RussiaRuling 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)
- Big Ship BoomJudgement 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.)
- How Much and Who Shall Pay for the Oil Pollution at the Seaport of St. Petersburg?The dispute about how much who and shall pay for the oil pollution of the seaport of St. Petersburg continues. The St. Petersburg company has seized 58 million rubles from the ship owner and the insurer for pollution of the water area of the port of St. Petersburg with bunker fuel, but the court of…