Refine By
Clear all filter
About 92757 results for "*"
NEWS
Law360, Expert analysis: Whenever the US Department of Justice (DOJ) announces a new corporate enforcement policy, the compliance industry responds with a familiar refrain: The DOJ has set expectations, and companies must meet them or face the consequences. According to the analysis, with input from Hui Chen, co-founder of CDE Advisors LLC, the DOJ's new corporate enforcement policy standardises incentives for voluntary self-disclosure, co-operation and remediation, but its effectiveness depends on a credible risk of detection and prosecution, which may be diminishing, thereby altering the corporate self-disclosure calculus.
NEWS
Law360, London: Golden Adventure Shipping has told a London court that its insurer, Berytus Insurance & Reinsurance Company can't avoid a US$5m payout to cover a vessel that was sunk by Yemen-based Houthi rebels, arguing the attack did not fall under a war exemption.
NEWS
Law360, London: The owner of a grounded cargo vessel told a London appeals court on 21 October 2025 that MS Amlin Marine NV should have to provide cover over the incident, because a 'draconian' clause that would allow the insurer to escape paying up was buried away in the contract.
NEWS
Law360: The owners of a cargo ship seized by the Indonesian navy can recover US$37m from insurers, a judge ruled 25 March 2024, saying the shipmaster should not have expected to be detained for accidentally anchoring in the country's waters.
PRACTICE NOTES
This Practice Note looks at the different types of ship registry that exist across the world before considering the UK ship registration procedures, including eligibility, the documentation required for registering a vessel, renewal and the closure of registration on the UK Ship Register. Types of registry There are a number of different types of ship registry across the globe which are set out below. Any shipowner will need to consider which type of registry is most suitable and this will usually depend on the levels of restriction imposed by each type of registry, as well as the costs and potential tax or financial advantages to the owner of each. National registers These registries are found in countries such as Greece (often the more traditional maritime nations). The typical characteristics of this type of registry include: • strict restrictions as to the nationality of the owner • strict requirements in respect of the nationality of the crew • higher running costs because of more stringent pay regulations, and • financial incentives introduced by the national governments as a response
PRACTICE NOTES
This Practice Note considers the main terms included in standard form shipbuilding contracts. In particular, it looks at: • standard forms of the shipbuilding contract • price • title to the vessel • supervision and trials • delivery of the vessel • builder's liability • termination of the shipbuilding contract • dispute resolution provisions, and • potential issues for lenders This Practice Note considers the position in relation to commercial vessels in general. For information relating specifically to superyachts (a motor or sailing yacht greater than 30 metres in length), see Practice Note: Superyacht finance—sale and purchase of superyachts. The contract Standard form documentation has been developed across the world. The most commonly used forms are: • the Shipbuilders' Association of Japan 1974 standard contract (SAJ form), which has also been used as a starting point for other standard forms of contract used in South Korea, China, Taiwan and Singapore and is used especially for large commercial vessels • the BIMCO NEWBUILDCON published in 2007 which has become increasingly popular globally, and • the Community of European Shipyards’ Associations
GLOSSARY
A shipment contract is a contract for the sale of goods under which the seller’s primary delivery obligation is to put the goods into the possession of a carrier, properly tender documents (if any), and give the buyer notice of shipment, rather than to ensure arrival at a named destination. Risk and sometimes property typically pass to the buyer when the goods are duly delivered to the carrier, subject to agreement and any applicable statutory rules. In UK and Irish practice, the concept is most familiar in international sale of goods and shipping law, including FOB and many CIF arrangements. The term “shipment contract” itself is descriptive rather than a defined statutory term, but its legal consequences are derived from sale of goods legislation (for example, the Sale of Goods Act 1979 and equivalent Irish and devolved legislation) and case law on passing of risk and delivery. Across England & Wales, Scotland, Northern Ireland and Ireland, usage is broadly consistent: the key distinction is between contracts where the seller’s duty is to ship the goods and those where the seller must ensure delivery at a destination (destination contracts).
NEWS
Environment analysis: Beth Bradley and Rachel Hoyland, partner and senior associate at Hill Dickinson, discuss the legal framework surrounding the decarbonisation of shipping, net zero shipping pledges and the impact of Brexit on decarbonising efforts.
PRACTICE NOTES
Context Since 90% of world trade is transported by sea, shipping has a significant role in the future of climate action. In 2018, global shipping emitted approximately 1076 million tonnes of CO2, and accounted for around 2.9% of global emissions caused by human activities. These emissions are projected to increase from 90% to 130% of 2008 emissions by 2050. Maritime transport remains a substantial CO2 emitter at EU level. In 2021, it represented 3 to 4% of the EU’s total CO2 emissions, or over 124 million tonnes of CO2. As such, business-as-usual shipping emissions are not compatible with the goal of 'holding the increase in the global average temperature to well below 2°C above pre-industrial levels' as enshrined in Article 2 of the Paris Agreement (see Practice Note: The Paris Agreement 2015—snapshot). The International Maritime Organisation (IMO) is the principle forum for the negotiation of global regulatory treaties for the protection of the marine environment. The most important treaty on protection of the marine environment is the International Convention
PRACTICE NOTES
Originally produced in partnership with Navraj Singh Ghaleigh, Senior Lecturer in Climate Law, University of Edinburgh. Shipping emissions: background Maritime transport, or ‘shipping’, emissions contribute 2.89% of anthropogenic global greenhouse gas (GHG) production, or 1, 076 million tonnes CO2. Since 90% of world trade is transported by sea, shipping has a significant role in the future of climate action, see Behnam A, ‘The Nexus of Ocean Trade and Climate Change: A Review Essay’ (2015) 29 Ocean Yearbook 11. As such business-as-usual shipping emissions are not compatible with the goal of 'holding the increase in the global average temperature to well below 2°C above pre-industrial levels' as enshrined in art 2 of the Paris Agreement. See Practice Note: The Paris Agreement 2015—snapshot. The international climate regime and maritime emissions The term ‘international climate regime’ is commonly understood to refer to the United National Framework Convention on Climate Change (UNFCCC) (1992), the Kyoto Protocol (1997), and the Paris Agreement (2015). Notably however, none of these instruments regulate shipping emissions. The Paris Agreement, like the UNFCCC, is silent on shipping
CHECKLISTS
This Checklist is applicable for the sale and purchase of a vessel by a company when acting for a corporate buyer and where the ship will be registered in the UK. The key when acting for the buyer is to ensure that the documents received from the seller are sufficient to obtain good title and effect permanent registration of the ship and provide confirmation that the parties have the power and authority to enter into the transaction. • Obtain a Transcript of Registry from the UK Ship Register to confirm the identity of the current owner and establish the existing security position in relation to the ship. A fee is payable in respect of this (as well as a number of the other documents below), a full list of which is available on the UK Ship Register website. This should be done as early as possible on receipt of instructions and carried out again on the date of closing. • Ensure that any class inspection or other survey as stipulated in the sale contract is carried out and
CHECKLISTS
This Checklist is applicable when acting for the mortgagee in relation to the taking of a ship mortgage and where the security will be registered in the UK. • Obtain a Transcript of Registry from the UK Ship Register to establish the existing security position in relation to the ship. A fee is payable in relation to this document as well as a number of other documents set out below, a full list of which is available on the UK Ship Register website. The mortgagee must ensure that the owner has full and unencumbered legal title to the ship and that they have properly registered their ownership. • Carry out a search of the Register of Companies to establish that the owner is duly incorporated in England and Wales. • Check if any mortgages or charges are registered against the owner under Section 859A of the Companies Act 2006 (CA 2006) which relate to the ship. • Check the constitutional documents of the owner to confirm that the owner has the power to enter into the proposed transaction