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.

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.

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.

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.

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

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.

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

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”)

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”)

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”)

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

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

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

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

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)

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.)

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)