Committee publications

Maritime and Transport Law Committee – From the Editors – August 2026

A note from the Editors of the IBA Maritime and Transport Law Committee, Sarah Gahlen and María Belén Espiñeira

Released on Aug 10, 2026

Maritime and Transport Law Committee – From the Co-Chairs – August 2026

A note from the Co-Chairs of the IBA Maritime and Transport Law Committee, Patrick Holloway and Marco Remiorz

Released on Aug 10, 2026

Meet the officer: Annemieke Spijker

An interview with Annemieke Spijker, AI Officer of the IBA Maritime and Transport Law Committee

Released on Aug 10, 2026

Philippine maritime law: time bars and conditions precedent

In the dispute resolution practice of law, practitioners should look out for prescriptive periods or limitations in the filing of their actions. In maritime law, these are referred to as time bars.

Released on Aug 10, 2026

Arrest of claims for hull insurance proceeds

In Japan, there are some court decisions concerning arrest (legally termed ‘seizure’) of claims for hull insurance proceeds. As such, seizures may be useful in securing satisfaction of claims for damages arising from marine casualty, this article outlines them.

Released on Aug 10, 2026

Liability and compensation for the use of alternative marine fuels under international law

After the IMO revised its greenhouse gas reduction strategy in July 2023, alternative marine fuels ceased to be a purely technical or environmental issue. The question moved into the field of private-law risk allocation, as accelerated decarbonisation entails wider use of LNG, biofuels, hydrogen, methanol and ammonia, while international liability rules still reflect a framework built around mineral hydrocarbons.

Released on Aug 10, 2026

Overview of the ship arrest in Egypt

Ship arrest in Egypt is a well-established remedy that allows claimants to secure maritime claims against a vessel, its freight, or associated assets. This overview summarises the legal basis, competent courts, arrestable claims, required documents, procedural steps, timelines, security and counter-security, release mechanisms, and practical tips for owners, charterers, cargo interests, and insurers operating in Egyptian waters.

Released on Aug 10, 2026

Limitations of marine liability under Kuwait law

Limitation of liability is a core component of maritime law, balancing the interests of carriers, shipowners, and cargo interests with the commercial realities of maritime navigation. Under Law No 28 of 1980 (Maritime Trade Law), Kuwait has codified liability rules for shipowners' limitation of liability and maritime carrier limitation of liability that reflect both domestic needs and long‑standing maritime legal principles.

Released on Aug 10, 2026

Recourse rights of foreign insurance companies in Türkiye

This article provides a practical overview of foreign insurance companies’ recourse rights in Türkiye. It examines the legal basis of statutory subrogation under Turkish law, the distinction between subrogation and assignment of receivables, and the limitation issues that may affect recovery claims.

Released on Aug 10, 2026

The curious treatment of choice of venue for international shipping in Canada

International shipping and transportation lawyers are often concerned with conflicts of law. The extent to which a court will enforce an agreement as to jurisdiction, venue, and law to be applied is a common first question to consider. If you have an arbitration or choice of venue clause in your agreement and your dispute involves Canada, then your clause may not be enforceable. This article will explain why that is the case.

Released on Aug 10, 2026

Bill of lading jurisdiction clauses are accepted by Brazilian courts

Bill of lading clauses are valid and accepted by Brazilian courts. Initially, such a statement should not seem so relevant taking into consideration that when two parties establish a contractual relationship, the contractual provisions agreed therein should apply.

Released on Aug 10, 2026

The EU approval of the Beijing Convention on the Judicial Sale of Ships

The recent approval by the European Union of the United Nations Convention on the International Effects of Judicial Sales of Ships, commonly known as the Beijing Convention, is an important step in the development of the international regime governing the effects of judicial sales of vessels.

Released on Aug 10, 2026

A review of Montgomery v Caribe Transport II, LLC et al

On 14 May 2026, in a relatively brief opinion, the US Supreme Court issued a major decision for the logistics industry in the United States. In Montgomery v Caribe Transport II,1 the Court resolved a split in the federal Circuit courts on the question of whether the Federal Aviation Administration Authorization Act (FAAAA), 49 USC section 14501(c)(1), preempted state negligent-hiring claims against property brokers

Released on Aug 10, 2026

Ethiopia and Maritime law without a coastline: recent legal and diplomatic developments (2024-2026)

This document examines the shifting dynamics of Ethiopia’s maritime legal and diplomatic agenda between 2024 and 2026 as the world's most populous landlocked nation seeks to secure sovereign access to the Red Sea. Historically reliant on a functional, logistics-oriented approach and primarily dependent on the port of Djibouti, Ethiopia has recently transitioned to a more assertive foreign policy.

Released on Aug 10, 2026

AI, lawyers and law firms: a case for greater emphasis on law firms’ responsibilities

The article explores the growing responsibilities of law firms in the age of AI, arguing that firms must adopt appropriate governance, policies and risk-management frameworks to support their lawyers in complying with ethical and professional duties in the use of AI. It also considers emerging challenges relating to supervision, billing, training and insurance in the effective and responsible adoption of AI in legal practice.

Released on Aug 7, 2026

Expanding the net: corporate executive liability and practical safeguards under India’s evolving anti-corruption regime

This article examines the expanding scope of corporate executive criminal liability under India’s evolving anti-corruption regime. It traces how enforcement, once focused on the ‘demand side’ of public sector bribery, has shifted towards the corporate ‘supply side’ and the enablers of illicit financial flows. Analysing Sections 9 and 10 of the Prevention of Corruption Act 1988, landmark rulings issued by the Supreme Court of India and the Corporate Laws (Amendment) Bill 2026, this article highlights the extent to which directors and managers now face direct exposure in relation to corruption offences and, thus, may be subject to mandatory imprisonment and automatic debarment. It concludes by providing some practical compliance safeguards for management personnel.

Released on Aug 6, 2026

The EU’s Anti-Corruption Directive: a new pillar of global anti-corruption enforcement

This article examines the European Union’s Anti-Corruption Directive (Directive (EU) 2026/1021), the first comprehensive EU criminal law framework to address corruption across all EU Member States. It analyses the Directive’s turnover-based penalty regime for legal persons, its dual-track corporate liability model and the role of compliance programmes as a structured mitigating circumstance rather than a defence to liability. The article compares this framework with the United States Foreign Corrupt Practices Act (FCPA) and the United Kingdom’s Bribery Act 2010, considers its alignment with Organisation for Economic Co-operation and Development’s (OECD) Anti-Bribery Convention, as well as the OECD’s jurisdictional reach, and discusses the practical implications for businesses with EU exposure ahead of the June 2028 transposition deadline.

Released on Aug 6, 2026

How representing whistleblowers can be powerful for corporate defence firms

Laws that reward whistleblowers in the US and the UK have changed what it means to be one. Utilising these transnational whistleblower reward laws can be a useful tool and opportunity for white-collar corporate defence work, if lawyers and defendants are willing to use some creativity and outside-the-box thinking for their strategy.

Released on Aug 6, 2026

Report from the latest Annual IBA Anti-Corruption Conference – 17-18 June 2026, London

This article provides a summary of the key sessions that took place at the recent Annual IBA Anti-Corruption Conference, held in London in June, as well as opening remarks and speeches delivered at the event.

Released on Aug 6, 2026

The rise of AI board members

For-profit boards are rapidly shifting from general exploration to making generative artificial intelligence (GenAI) an absolute strategic priority and the appetite for this integration only seems to intensify. The emergence of AI in the boardroom raises profound legal, ethical and governance questions. Can AI exercise fiduciary judgment? Who bears responsibility when AI-assisted decisions cause harm? And how should corporate law adapt when machines begin influencing or potentially making strategic decisions traditionally reserved for human directors? These questions are no longer theoretical; they are rapidly becoming central issues for modern corporate governance.

Released on Aug 6, 2026

Paradox of two wrongs: examining the unmentioned implications of the Supreme Court decision in Providence v Hexagon

When does a cured default stop being a ‘wrong’ – and should it still count towards a contractor’s right to terminate for repeat late payment under the Joint Contract Tribunal (JCT)’s standard form contractual clauses? The JCT has a suite of contractual clauses used in construction projects that allocate design, time, payment and risk. The article argues that the recent Supreme Court decision of Providence Building Services Ltd v Hexagon Housing Association Ltd, that concerns the interpretation of clauses 8.9.3 and 8.9.4 jointly, has given rise to a paradox concerning repeated wrongs. This article seeks to analyse the recently published judgment, while simultaneously unpacking the paradox for an international audience.

Released on Aug 4, 2026

Curating the record in construction arbitration: the institutional responsibility of tribunals in the age of evidentiary inflation

Released on Aug 4, 2026

Coercion or commercial necessity? The fragile validity of supplementary agreements in construction contracts

Supplementary agreements often sit at the heart of construction disputes, raising a familiar question: were they freely negotiated or signed under pressure? This article explores how Indian courts address such concerns, with particular reference to the recent decision in Union of India v Mago Construction. A clear pattern emerges wherein courts are slow to unsettle arbitral findings where coercion or economic duress is alleged, especially in the presence of unequal bargaining power or forced waiver of claims. Set against the rapid growth of India’s infrastructure sector, the article considers how this judicial approach shapes contractor–employer relationships. It highlights the increasing relevance of supplementary agreements in disputes involving waiver and estoppel and offers a concise guide to their treatment under Indian law.

Released on Aug 4, 2026

CLInt – Book Review – July 2026

Released on Aug 3, 2026

Prolongation costs – an issue with causation

Released on Aug 3, 2026

Construction arbitration in the CEE region: a comment on the Polish Chamber of Commerce Arbitration Rules 2025

Released on Aug 3, 2026

Construction Law International – July 2026 – Country Updates: UAE

Released on Aug 3, 2026

Construction Law International – July 2026 – Country Updates: Ghana

Released on Aug 3, 2026

From the Editors – Construction Law International – July 2026

Released on Aug 3, 2026

From the Co-Chairs – Construction Law International – July 2026

Released on Aug 3, 2026