Publications for Maritime and Transport Law Committee
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
Maritime and Transport Law Committee – From the Co-Chairs – September 2023
A note from the Co-Chairs of the IBA Maritime and Transport Law Committee, Ulla von Weissenberg and Henrik Hagberg.
Released on Sep 7, 2023
Meet the officer: Patrick Holloway, Co-Vice Chair
An interview with Patrick Holloway, Co-Vice Chair of the IBA Maritime and Transport Law Committee and partner at Webber Wentzel, Cape Town.
Released on Sep 7, 2023
Challenges and opportunities in applying EU competition law to the maritime industry
This article examines the intersection of EU competition law and maritime law with a focus on shipping alliances. It outlines many instances of shipping alliances that the European Commission has looked into for possible violations of EU competition legislation as well as the serious repercussions of such violations in the shipping sector.
Released on Sep 7, 2023
Green shipping and the new BIMCO CII Clause
With the increased focus on climate change, a series of initiatives have been introduced by the IMO and the EU to reduce greenhouse gas emission in the shipping industry. One measure, the Carbon Intensity Indicator (CII), may have a significant impact on valuation of vessels. BIMCO has released a CII Clause, which allocates the contractual responsibility for compliance under time char-ters – but questions may validly be raised about it.
Released on Sep 7, 2023
Making the most of the mediation opportunity
The overriding message is to listen rather than advocate. Advocate is what the lawyer does in litigation or arbitration – to present the client’s case in the best light. But in mediation it’s all about underlying interests.
Released on Sep 7, 2023
The Poseidon Principles: developments and updates
The Poseidon Principles are certain principles introduced by a group of leading banks operating in the shipping finance field worldwide. They have also created an association with the same name: the Poseidon Principles Association.
Released on Sep 7, 2023
From the Editors – Maritime and Transport Law Committee – October 2022
A note from the Editors of the IBA Maritime and Transport Law Committee, Tom Belknap and Bruce Paulsen.
Released on Oct 18, 2022
From the Co-Chairs – Maritime and Transport Law Committee – October 2022
A note from the Chairs of the IBA Maritime and Transport Law Committee, Corina Song and Johannes Grove Nielsen.
Released on Oct 18, 2022
Meet the Officer: Henrik Hagberg
An interview with Henrik Hagberg, Senior Vice-Chair, Maritime and Transport Law Committee
Released on Oct 18, 2022
Legal recognition of electronic trade documents: UK joins global initiative to digitalise trade
On 16 March 2022, following a consultation with key stakeholders in the shipping, trade, finance and legal industries, the UK Law Commission published its detailed report on the proposed reform of English law to allow for the legal recognition of electronic trade documents (ETDs).
Released on Oct 18, 2022
MARPOL at 50 – our commitment goes on: IMO releases the world maritime theme for 2023
This article discloses the global maritime theme for 2023 and establishes a critical analysis of the International Convention for the Prevention of Pollution from Ships (MARPOL) considering technological development and the need to preserve the environment.
Released on Oct 18, 2022
Who is responsible when a ship grounds in a channel – the port or the ship?
A recent Irish Admiralty Court judgment analysed the responsibilities of a port and a ship following a grounding in an entrance channel, by balancing with the duties of the port with those navigating the ship, including the pilot. The judgment includes a detailed consideration of English case law and may resonate in other common law jurisdictions.
Released on Oct 18, 2022
An overview of the recent ESG-related developments in the maritime sector, with particular focus on South Africa
There is a growing acceptance and integration of Environmental, Social and Governance (ESG) principles among South African corporates, who recognise that this is not only essential to attract investment, but there is a requirement for them to align themselves with the global expectations of corporate responsibility and its sustainable impact relating to basic needs, empowerment, climate change, natural capital and governance.
Released on Oct 18, 2022
First maritime cross-border insolvency proceeding is recognised by a Brazilian Court after the recent adoption of the UNCITRAL Model Law
On 23 January 2021, Law no. 14,112/2020 came into force in Brazil, bringing forth important amendments to the Brazilian Insolvency Act (Law No. 11,101/2005). Top among them is the adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Cross-Border Insolvency, following the example of more than 50 other jurisdictions.
Released on Oct 18, 2022