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Just maritime
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Is a floating casino a ship?
Every now and then courts are faced with the question whether a particular watercraft is a vessel/ship or not, which btw is no easy task....
Nov 24, 20191 min read
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Ultra wide limitation clauses - absolves repairers of all liabilities?
Every commercial contract is bound to have some sort of a limitation cl. incorporated. Some are quite wide as in The Triumphant Lady...
Sep 8, 20191 min read
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Asbestos & role of equipment manufacturers
Do equipment manufacturers have a duty to warn when their product requires incorporation of “asbestos” for insulation in order for the...
Apr 7, 20191 min read
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Due diligence defence against pollution liabilities
Defence of due diligence to the rescue! A few days ago, The Marathassa, which had spilled 2700 ltrs of bunker oil in Vancouver's English...
Feb 24, 20191 min read
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Dangerous goods declaration better be spot on!
NVOCCs and cargo manufacturers must go beyond the standard requirements of IMDG Code when it comes to declaring known sensitivities of...
Jan 13, 20191 min read
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SIRE inspector taking OCIMF to court
When was the last time we heard of OCIMF being taken to court for withdrawing a SIRE (vetting) inspector’s accreditation? Capt.A.Rashid v...
Jan 6, 20191 min read
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Unreasonable delay in exercising maritime lien can extinguish it
In the present age we don’t often see owners relying on the ‘doctrine of laches’ to defeat a maritime lien primarily because the...
Dec 16, 20181 min read
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Himalaya clause & downstream carriers
Good old Himalaya clause to the rescue of downstream carriers in a $1.6m claim. In Royal Smit v. Onego [2018], cargo owners contracted on...
Dec 9, 20181 min read
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Maritime lien for physical bunker suppliers (OW bunkers saga)
Following the financial collapse of OW Bunkers, the physical suppliers of ship bunkers have been threatening to or arresting vessels to...
Nov 25, 20181 min read
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Detained by USCG for bypassing OWS - owners claiming for unreasonable delay to ship's departure
In The Antonis G. Pappadakis [2018], ship owner tried claiming damages from USCG for unreasonable departure delay after the vessel which...
Nov 18, 20181 min read
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'Pay to be paid' principle of P&I Clubs
Can a P&I Club's 'pay to be paid' principle be circumvented? This was the question before a Brazil appeals court last month. The claim...
Nov 4, 20181 min read
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Check who is the 'agent of the ship' before serving summons
Can local agents (appointed for previous voyages) and P&I Correspondents be considered as the ‘agent of the ship’ for the purposes of...
Nov 4, 20181 min read
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