Maritime and Transport Law Committee – From the Editors – September 2023

We are pleased to offer the latest issue of the IBA Maritime and Transport Law Committee newsletter. Two of the articles discuss the impact of greenhouse gas regulations addressed by BIMCO’s new Carbon Intensity Indicator (CII) Operations clause as well as leading financial institutions’ adoption of the Poseidon Principles. Another focuses on the intersection of the familiar shipping alliance with the EU’s competition law. Lastly, there is a discussion on the role of the mediator in settlement negotiations.

It is a relief to say, touch wood, that the worst of Covid-19 is behind us. Yet, as we learned, many of the governmental responses included cessation of judicial and arbitral proceedings for numerous months. This in turn provided its own stresses to our families, firms and clients, as well as ourselves. Moreover, just because the courts and tribunals were not holding trials or proceedings did not mean there was a corresponding halt in the filing of new disputes or defenses to them. In fact, once the judiciaries and arbitration associations resumed operation, the resulting backlog of cases – coupled with the new matters filed during the interim – left many of us busier than ever. It may take another year or two for the workload of the maritime and transport solicitors, barristers and attorneys to return to status quo ante Covid-19.

As the workload begins to return to normal, we would like to see more contributions in future newsletter issues. We remind all that this newsletter serves to supplement our in-person meetings at the IBA general meetings and the Committee’s biennial meetings. In other words, please do not hesitate to submit an article for the next issue.

Please enjoy this current issue. We look forward to seeing you all in Paris this fall.

All the best,

Bruce Paulsen and Jim Bercaw

Newsletter Officers, IBA Maritime and Transport Law Committee
paulsen@sewkis.com and jbercaw@kingjurgens.com