Are You Ready for HNS?
London law firm Lawrence Graham says shipping is focusing on complying with security requirements, but another Convention soon to be enforced will have major ramifications for all aspects of shipping. Are you ready for the Hazardous and Noxious Substances Convention 1996? Writing in the latest issue of Shipping Lawgram, Imogen Rumbold, shipping partner, says the HNS Convention is likely to come into force in the next two years. Charterers and receivers will pay more, ports and terminals face new liabilities, shipowners will need new insurance and documentation, P&I Clubs must set up new guarantees, authorities around the world will have more requirements to police and in any accident to almost any ship claimants for environmental damage will have new legal remedies to pursue.
Watch Out For Dispute Resolution Pitfalls
London law firm Lawrence Graham says users of dispute resolution services should be aware of pitfalls arising in relation to claims for interest under the Arbitration Act 1996. In its latest shipping newsletter - dubbed Shipping Lawgram - Lawrence Graham's shipping team comments on the Commercial Court case of Walker -v- Rowe, in which it was held that the courts had no power to make an order for interest to be paid on unpaid arbitration awards unless the interest had actually been set by the arbitrators. Lawrence Graham notes that, under the 1996 Arbitration Act, a party seeking post-award interest must apply to arbitrators to provide for it in the award and, if the arbitrators forget to award it, must immediately apply for a correction or a further award.
Lawrence Graham Warns On Tanker Approvals
London law firm Lawrence Graham says tanker owners and charterers can expect more disputes over oil major approvals. Imogen Rumbold, partner, says that since the Erika sinking oil majors have been changing vetting criteria and that approval is now only obtainable on a voyage-by-voyage basis. "In the recent Seaflower case the charterer was able to cancel a charter because the owner did not hold a specific oil major approval. But now that approval has become a dynamic standard, how can owners ever be sure of meeting the conditions?" asks Rumbold. In Lawrence Graham's latest shipping newsletter, Shipping Lawgram, Rumbold goes on to call…
Lawrence Graham Warns on Fuel Disputes
London law firm Lawrence Graham LLP says owners and charterers should beware a rash of disputes caused by the recent high bunker prices. Writing in the October issue of Lawrence Graham’s newsletter, Shipping Lawgram, Imogen Rumbold, partner in the shipping law team, says, “Forecasting oil prices is difficult but it is easy to forecast what will happen when fuel prices spike. A period of high bunker prices is always followed by a rash of disputes between charterers and owners and between bunker suppliers and charterers followed by an upsurge in arrests as all parties try to collect debts. The biggest loser is usually the owner, who may face legal costs and delays to the vessel under a new charter, caused by defaults of the previous charterer.
Lawrence Graham: Planning Needed to Avoid Straits Delays
lengthy delays which can be encountered in transiting the Turkish Straits. regulations governing the paperwork required to transit the straits. local agents to submit copies of the required back-up documents. form and evidence of payment of light dues. they can't submit the right documents by fax. of how the regulations are being applied. "owners and charterers can help themselves by thinking ahead. parties. less owner-friendly. negotiations is vital. documents on behalf of the ship when the ship sends in its sailing plan. clarify their clarification.
