Publications for Maritime and Transport Law Committee
Maritime and Transport Law Committee – From the Editors – August 2025
A note from the Editors of the IBA Maritime and Transport Law Committee, Müge Anber-Kontakis and Maria Belen Espineira
Released on Sep 1, 2025
Maritime and Transport Law Committee – From the Co-Chairs – August 2025
A note from the Co-Chairs of the IBA Maritime and Transport Law Committee, Patrick Holloway and Marco Remiorz.
Released on Sep 1, 2025
Meet the Officer: Anna Mestre
An interview with Anna Mestre, Vice Chair of the Land Transport Subcommittee of the IBA Maritime and Transport Law Committee.
Released on Sep 1, 2025
Limitation of liability under Argentine law in the carriage of goods
The carriage of goods by sea in Argentina is governed by a dual legal framework. Because both instruments govern the same subject matter, the Hague Rules apply to international cases, whereas the Argentine Shipping Act regulates domestic cases.
Released on Sep 1, 2025
Limitation of liability for shipowners in Brazil
Brazil is not a party to the key international convention on limitation of liability for shipowners, the Convention on Limitation of Liability for Maritime Claims 1976 (the 'LLMC'), as amended by the 1996 Protocol. It is also not a party to the 1996 International Convention on Civil Liability for Oil Pollution Damage (the 'CLC').
Released on Sep 1, 2025
Maritime claims and limits
In Canada, the Marine Liability Act (MLA) is the main source of legislation that limits damages in the maritime context. The MLA incorporates various international conventions into law and adds some uniquely Canadian features.
Released on Sep 1, 2025
China's maritime liability limitation system and its recent development
China's legal system on limitation of liability is mainly based on the Convention on Limitation of Liability for Maritime Claims, 1976, and, in terms of its domestic law, it can be mainly divided into the following four aspects.
Released on Sep 1, 2025
Cyprus: limitation of liability
Up until 2005, Cyprus applied the provisions of the United Kingdom Merchant Shipping Act 1894, section 503, with regards to limitation of liability for shipowners. Under the provisions of this section, shipowners were permitted to limit their liability based on the gross tonnage of the ship without deduction on account of the engine room.
Released on Sep 1, 2025
Snapshot of the limitation regime for the international transportation of goods in India
The package limitation for goods being shipped out of India is to be found in the Carriage of Goods by Sea Act, 1925 ('COGSA'), which incorporates the Hague Rules, 1924. As per Article IV (5) of the Schedule to the Act, the limitation is an amount not exceeding 666.67 special drawing rights per package or unit or two special drawing rights per kilogram of gross weight of the goods lost or damaged, whichever is higher.
Released on Sep 1, 2025
Statutory limitations of liability for vessels and other transportation interests in Japan
Japan has ratified the Protocol of 1996 to amend the Convention on Limitation of Liability for Maritime Claims 1976. This has been reflected in the domestic Act on Limitation of Liability of Shipowners (the 'Act'). The new limitation came into effect in June 2015. In addition, the Act on Liability for Oil Pollution Damage provides for the limitation of liability of the owners of tankers in the event of tanker oil pollution.
Released on Sep 1, 2025
Maritime law and corporate rescue in Malaysia: is leave of the court required to bring an in rem action against a ship where the owner has the benefit of a restraint of legal proceedings against it?
In every corporate rescue mechanism (CRM) under the Companies Act 2016, almost invariably, a restraining order is granted, which imposes a moratorium on all legal proceedings against the company, except with the leave of the court. This is to give the financially distressed company time and opportunity to rehabilitate and extricate itself from financial difficulties.
Released on Sep 1, 2025
An overview of the statutory limitation of liability regime in Nigeria
The Nigerian legal system is fundamentally rooted in the English Common Law tradition, a legacy of the country's colonial history. Consequently, Nigerian maritime law has evolved under the substantial influence of English Admiralty Law, supplemented by international maritime conventions.
Released on Sep 1, 2025
Between tonnage and thresholds: assessing South Africa's maritime limitation regime
In the modern era of maritime commerce, the doctrine of limitation of liability remains a cornerstone of shipping law. It reflects a pragmatic compromise between the interests of shipowners and claimants, seeking to balance commercial risk, ensure insurability and encourage trade.
Released on Sep 1, 2025
MSC Flaminia: UK Supreme Court takes the opportunity to clarify how limitation works between owners and charterers
On 14 July 2012, while en route from Charleston, South Carolina to Antwerp, Belgium, an explosion and subsequent fire occurred in cargo hold number 4 of the container ship 'MSC Flaminia' (the 'Vessel'). This tragic incident resulted in loss of life and substantial financial losses for the owners and their insurers.
Released on Aug 31, 2025
Maritime and Transport Law Committee – From the Co-Chairs – August 2024
A note from the Co-Chairs of the IBA Maritime and Transport Law Committee, Ulla von Weissenberg and Henrik Hagberg.
Released on Aug 19, 2024
Maritime and Transport Law Committee – From the Editors – August 2024
Note from the Editors of the IBA Maritime and Transport Law Committee, Jim Bercaw and Müge Anber-Kontakis.
Released on Aug 19, 2024
Meet the Officer: Tom Belknap
An interview with Tom Belknap, Co-Vice Chair of the IBA Maritime and Transport Law Committee and a partner at Blank Rome, New York.
Released on Aug 19, 2024
Navigating the EU ETS Regulation in Denmark
On 1 January 2024, shipping was included into the existing Emissions Trading System (EU ETS) regulation – also known as the ‘cap and trade’ system. This article provides an overview of the most important aspects and insight into how the regulation will be administered in Denmark.
Released on Aug 19, 2024
UK Supreme Court construes a contractual war risks regime in general average disputes
The Supreme Court of the United Kingdom recently provided useful guidance on the interpretation of War Risks provisions. It is particularly timely in view of ongoing geopolitical risks around the world.
Released on Aug 19, 2024
Effects of sanctions against Russian marine insurers: certification of insurers (Blue Card) according to the CLC 92, Nairobi and Bunker Convention
Various sanction regimes imposed against Russia raise unresolved questions about the certifications of Russian marine insurers, more precisely their issued Blue Cards under the Civil Liability Convention of 1992 (CLC 92), the Bunkers Convention of 2001 (Bunkers Convention) and the Nairobi International Convention on the Removal of Wrecks, 2007 (Nairobi Convention, sometimes collectively referred to as ‘the Conventions’), if in the case of an event triggering the scope of application of the conventions, a Russian insurer can no longer meet its insurance obligation due to, for example, banking sanctions. This brief article addresses this problem, which also occupied the Legal Committee of the International Maritime Organization (IMO) on 22 and 23 March 2022.
Released on Aug 19, 2024
The Russian oil price cap, 'shadow fleet' and environment
The maritime transportation of Russian oil has become a massive hurdle for traders and their service providers due to the sanctions and reputational risks, as well as for the global community due to environmental hazards. This article is about the Russian oil Price Cap, the ‘shadow-fleet’ and their impact on the environment globally. The article starts with the hypotheticals and the relevant questions, followed by briefly describing the Price Cap regulation and its enforcement policy, and concluding by answering those questions raised first in relation to the hypotheticals.
Released on Aug 19, 2024
Progression in Philippine maritime law: opening the gates via the Amended Public Service Act
The Philippines has made repeated moves to open up its economy and liberalise industries in the name of development and foreign investments. Thus, the Public Service Act has finally been amended. This is the breakthrough that supposedly a lot of industries have been waiting for, the shipping industry included. This article aims to give a glimpse into what may lie ahead for shipping and its related businesses.
Released on Aug 19, 2024
Survey introduction: Maritime and Transport Law Committee
An introduction to the Committee’s survey to members asking for an article on their country's public policy exceptions.
Released on Aug 19, 2024
Ratification procedure for international conventions in Brazil
Although the ratification procedure for international conventions is a matter regulated in accordance with the legal system of each country, there are, as a rule, two models of procedures for carrying out the analysis of international conventions with a view to their subsequent ratification.
Released on Aug 19, 2024
Local public policy exceptions in India to the enforcement of international conventions or treaties
Previously in India, three separate provisions, that is, the Arbitration Act 1940, Arbitration (Protocol and Convention) Act 1937 and Foreign Awards (Recognition and Enforcement) Act 1961, formed the legislative framework for domestic and international arbitration. Later, these laws were repealed and a single act (for both international and domestic arbitration), known as the Arbitration and Conciliation Act 1996 (the 'Act'), was enacted.
Released on Aug 19, 2024
Public policy-based exception to the enforcement of foreign arbitral awards in Korea
This article explores the law of Korea regarding the public policy exception to the enforcement of foreign arbitral awards in Korea. Korea is a signatory to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 10 June 1958 (the 'New York Convention').
Released on Aug 19, 2024
Ordre public as a bar to recognition and enforcement of foreign court decisions and arbitral awards in Norway
In Norway, the recognition and enforcement of both court decisions and arbitral awards are subject to the ordre public restriction. This legal principle serves as a safeguard to prevent the recognition and enforcement of foreign decisions that would be contrary to fundamental principles of the Norwegian legal system.
Released on Aug 19, 2024
A Singapore law overview of public policy exceptions to major international treaties and conventions on shipping, transportation and arbitration
Singapore follows a dualist approach to international conventions and treaties. Under that approach, Singapore's international law obligations do not create independent rights, obligations, powers or duties unless and until transposed into domestic law by enabling legislation
Released on Aug 19, 2024
Understanding the potential scope of the public policy exception to the Beijing Convention on the international effects of the judicial sale of ships
On 7 December 2022, the United Nations adopted a Convention on the International Effects of Judicial Sale of Ships (the 'Beijing Convention'). At its core, the Beijing Convention seeks to establish that a purchaser of a vessel sold by judicial sale would receive a certificate of judicial sale and clean title in every state that has adopted the new regime.
Released on Aug 19, 2024
Maritime and Transport Law Committee – From the Editors – September 2023
A note from the Editors of the IBA Maritime and Transport Law Committee, Bruce Paulsen and Jim Bercaw.
Released on Sep 7, 2023