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Articles and case comments
- General Average: Development and Characteristics of the InstitutionThe 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.
- 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.
- 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.
- Demurrage Not Seen as DamagesCommentary to case No. A70-14648/2021 (FSUE “Atomflot” v. Zapsibgazprom-Gasification Ltd.)
- “Dead Freight”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 LawThe 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.
- Liability Exclusion Clause: All Risks and Liability for the Deck Cargo are on the ShipperCase 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 EverythingCommentary 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”)
- 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…
- Every Man for HimselfCommentary to the Case No. А51-9022/2020 (LLC “Fesco Service” v LLC “Avers”)
- “Single Ship” Companies: Some Remedies for Creditors under US Law. Part 2. Rule C Arrest and Maritime LiensPart 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.
- Sof’ya A. ZarubenkoAcquisition of the Status of a Sea Vessel by the Object The concept of a vessel can be considered both from the general positions of civil law and from the positions of special regulation. The rules of civil law make it possible to determine the place of an object in the system of classification of…
- 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”)
- A Commercial Vessel or a Vessel Carrying out a State (Government) Non-commercial Service?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)
- REVIEW OF RUSSIAN LEGISLATION• Requirements for ensuring transport safety were approved, taking into account the safety levels for vehicles of maritime and inland water transport. Resolution of the Government of the Russian Federation of October 08, 2020 No. 1637 approved the Requirements for ensuring transport security…