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Society Of Maritime Arbitrators News

12 Jun 2020

The Emerging U.S. Offshore Wind Industry in a Post-COVID-19 World

Join a webinar on June 17, 2020 for the global release of a major new market study on the depth, breadth and growth prospects of the Offshore Wind Market -- https://zoom.us/webinar/register/WN_UR5uY1boTOKdAAcAXDbR4g
© zozulinskyi/AdobeStock

Join a webinar on June 17, 2020 for the global release of a major new market study on the depth, breadth and growth prospects of the Offshore Wind Market --  https://zoom.us/webinar/register/WN_UR5uY1boTOKdAAcAXDbR4gJust when it was looking like the offshore wind industry was finally about to take off in the United States, the COVID-19 pandemic has introduced one more significant layer of uncertainty upon an already very complicated playing field. There are currently 15 active offshore wind projects in the planning stages which…

25 Aug 2015

Where Arbitration Began: Maritime Arbitration in New York

In March 1656, Andrew Kilvert brought suit against Jan Geraerdy in the Court of Burgemeesters of the colony of New Netherland, demanding the release of his vessel, which had been arrested to obtain payment for the sale price of Kilvert’s ship. The practice of arbitration of maritime matters in New York, therefore, has its beginnings in Dutch law. Dutch rule in New Netherland (New Amsterdam) lasted less than 50 years. With the English takeover in 1664, most of the Dutch settlers elected to stay in what its new rulers named New York. In 1766, a statute concerning arbitration was enacted in the colony, and shortly after the founding of the New York Chamber of Commerce in 1768, the arbitral system became further embedded in New York.

23 Oct 2014

New York, London Juxtaposed by New Maritime Event

On November 13, the newly formed New York Maritime Consortium, a coalition of leaders from New York Maritime Inc. (NYMAR), the Society of Maritime Arbitrators (SMA), the Maritime Law Association (MLA) and the Association of Shipbrokers and Agents (ASBA), will host an event entitled “New York and London: Perception and Reality”. According to the event’s organizers, key industry figures from the areas of finance, arbitration and law from both sides of the Atlantic have been invited to illustrate the strengths of each jurisdiction, and how the two relate to each other. Chief Judge Loretta Preska of the Southern District of New York Federal Court will moderate the event. The forum will be held from 2:30-6 p.m. at The Harvard Club.

15 May 2014

To Litigate, or Arbitrate? That is the Question

More than once, I have been asked to resolve a dispute in which my client was surprised to learn either that it could not force the other side into arbitration, or that arbitration was very different from its expectations. Many companies devote hours (if not weeks and months) to negotiating what they consider to be the “substantive” terms of a contract, yet they pay little attention to the dispute resolution clause often included among boilerplate terms at the end. This is a risky practice, for rights that are carefully bargained for may effectively be lost if the “right” dispute resolution procedure is not negotiated at the outset. When it comes to dispute resolution clauses, there is no one-size-fits-all solution.

06 Mar 2014

Coast Guard Foundation Announces 2014 Board

Clockwise from top left: Judith Roos, Duncan Smith, Nicki Candies and Michael Carthew

The Coast Guard Foundation, a nonprofit organization committed to the education and welfare of all Coast Guard members and their families, announced its 2014 board of trustees. Consisting of 117members, the Coast Guard Foundation Board of Trustees and Directors oversees management of the organization and helps to provide resources to advance the Foundation’s mission to support the service of men and women in the United States Coast Guard. This year, the board welcomes three newly elected officers and four new members to its executive committee, as well as three new board members. Robert J.

10 Feb 2012

Coast Guard Foundation Announces New Leaders

Clay Maitland has served on the Foundation’s Board for 16 years.

Robert J. Flynn Elected Chairman of the Board. ADM Thad Allen and Clay Maitland among an impressive slate of of 11 others. The Coast Guard Foundation, a non-profit organization committed to the education, welfare and morale of all Coast Guard members and their families, announced today that in accordance with its bylaws, a new slate of officers has been elected to serve on the Board of Trustees, beginning January 1, 2012. Robert J. Flynn was elected Chairman of the Board at the organization’s annual meeting in the fall. Joining Mr. Flynn as officers are Al J. Bernard, vice chairman; William E.

28 Jan 2010

Free SUNY Maritime Conference

SUNY Maritime College will present the College’s 5th Annual Conference on Cutting Edge Issues in Shipping, Tuesday, February 2, 2010, the “Tiv,” McMurray Hall, Maritime College, Throggs Neck, N.Y. Admission to the day-long seminar is free and it is hosted by the Maritime College Department of Global Business and Transportation. The day will begin with a complimentary continental breakfast at 8:00 a.m. There will be morning and afternoon sessions. Austin L. Dooley, President of the Society of Maritime Arbitrators, will present the keynote address at 1 p.m. Additional speakers include: Brite Gu, of Logistics Pan America, at 8:45 a.m., discussing the impact of recent economic times on the business of non-vessel owning common carriers…

19 Nov 2009

Mansuy, 2010’s Best Lawyers in America

Photo courtesy Carroll McNulty & Kull LLC

Christopher H. Mansuy, Esq., member of Carroll McNulty & Kull LLC (CMK) has been named one of 2010’s The Best Lawyers in America in the specialty of maritime law by his peers. Best Lawyers a 25-year-old, highly respected peer-review publication, compiles lists of top attorneys by completing extensive surveys with other leading attorneys. Mansuy received this honor in 2008 and 2009 as well. A resident of Chatham, N.J. Mansuy possesses 35 years of experience in handling maritime and commercial litigation matters in the state and federal courts of N.Y. and N.J.

18 Jun 2009

Mansuy Joins Carroll McNulty & Kull

Carroll McNulty & Kull LLC (CMK) has announced that Christopher H. Mansuy has joined the law firm as a member. Mansuy brings 35 years of experience to CMK handling maritime and commercial litigation matters in the State and Federal Courts of New York and New Jersey as well as maritime disputes in arbitration including the Society of Maritime Arbitrators and the American Arbitration Association. With offices in New York and Basking Ridge, N.J., CMK provides comprehensive services to clients in the areas of admiralty, maritime, transportation, and international trade.

06 Dec 2001

BIMCO Approves Five New Charter Parties

widespread use throughout the industry. "Barecon 89" would benefit from an update to reflect changes in modern bareboat chartering practice. "Barecon 2001" Standard Bareboat Charter which is the result of two year's work by a specialized sub-committee. a number of welcome new provisions covering areas such as termination and repossession. improve their clarity and to remove any potential ambiguity. inspection, maintenance, operation, insurance and repairs. mediation provision. The new "Barecon" will be published in the early part of 2002. The "Baltime 1939" form is probably among BIMCO's best-known charter parties. other than the introduction of a box layout in 1974.

04 Jan 2002

BIMCO Promotes Use of Mediation with Dispute Resolution Clause

In a move designed to increase the shipping community’s awareness and use of mediation techniques in resolving disputes, BIMCO has developed a Standard Dispute Resolution Clause by incorporating a comprehensive Mediation Clause in to its widely used Standard Law and Arbitration Clause. A specialist BIMCO Working Group consisting of experts with particular expertise in maritime arbitration and mediation were responsible for the drafting work. The London Maritime Arbitrators Association (LMAA) and the Society of Maritime Arbitrators, Inc, of New York (SMA) provided valuable input and comment throughout the process. In shipping industry terms Mediation remains a relatively new dispute resolution technique, although it has gained widespread approval in other sectors.

24 Jan 2006

NYMAR Elects New Officers and Directors

New York Maritime Inc. (NYMAR) has elected new officers and three new directors. William J. Honan III, a partner in the New York office of law firm Holland & Knight, has been elected chairman, succeeding founding chairman Robert J. Gruendel. "This is an exciting time to be at the helm of NYMAR as we grow and promote the exceptional opportunities for the shipping industry in New York," Honan said. "The city’s creativity, energy and perseverance are unmatched anywhere else. Other officers elected at a board meeting on January 12 were Keith W. Heard, a partner in the law firm of Burke & Parsons, as vice-chairman; Lawrence Rutkowski, partner and head of the Transportation Finance group in the law firm of Seward & Kissel…

16 Aug 2005

Crew Employer Not Entitled to Limit

The U.S. Court of Appeals for the Eighth Circuit has ruled that the employer of a vessel's crew is not entitled to limit its liability for damages caused by the negligence of a crew member. The case involved a towboat which was owned by one company and crewed by the employees of another. The crewing company was responsible for routine maintenance, but the towboat owner was responsible for other work, including scheduling, insurance, repairs and relations with the coastguard. The towboat and its tow came into contact with a bridge on the Mississippi during a period of high water. The barges broke loose and damaged property owned by third parties, who filed claims.

25 Nov 2002

Tanker Case Comes Clean

David Martin Clark has drawn attention to a recent arbitration award from the Society of Maritime Arbitrators in New York in the case of Giant Shipping Ltd v Tauber Oil Company. The case concerns the readiness of a tanker to load carbon black feedstock, having previously carried a cargo of low sulphur waxy residue from Indonesia. Although on arrival at the load port, Galveston in Texas, the ship complied with the charterparty requirement that its tanks were free of any liquid and pumpable cargo residues, the majority of the panel found that it was not ready to load due to an excessive amount of the previous cargo still on board below the level of the heating coils. As a result, the shipowners' claim for demurrage was reduced.

27 Aug 1999

New SMA Mediation Rules Announced

New Rules for Mediation are now available from the Society of Maritime Arbitrators (SMA) in New York. The SMA believes select commercial disputes could benefit from the Mediation Rules. Arbitration, however, is still the preferred method of Alternative Dispute Resolution (ADR) and the Mediation Rules are not intended to replace arbitration. "The Mediation Rules are non-binding and may be used in tandem with current SMA Arbitration Rules," said Lucienne Bulow, president of SMA. "As such, parties and their attorneys will now have an additional alternative means to resolve their disputes in New York. The SMA was founded in 1963 with nine members from various sectors of the maritime industry and has grown to 122 members today.