English High Court News

This article will focus on conflicts of laws stemming from the EU Blocking Statute and U.S. antiboycott law, both of which are intended to prevent parties from complying with a disfavored sanctions regime. The article will highlight some of the inherent conflicts in dealing with multiple conflicting sanctions regimes. It follows our comprehensive summary of sanctions and shipping, which covered several of the issues herein in some detail.Antiboycott law: in generalAntiboycott law is essentially the inverse of sanctions law.

Offshore drilling services provider EnscoRowan announced that an arbitration tribunal has awarded it $180 million in damages in its proceedings against South Korean shipbuilder Samsung Heavy Industries (SHI).Further, the company will be claiming interest on this amount and costs incurred in connection with the matter.In April 2016, EnscoRowan (then Ensco) initiated arbitration proceedings in London against SHI for the losses incurred in connection with a drilling services agreement for ENSCO DS-5 that was voided by customer Petrobras.In January 2018, the arbitration tribunal issued an award on liability fully in EnscoRowan’s favor, and…

Turkey-based Palmali, one of the biggest shippers in the Caspian region, said on Monday it had lodged a claim worth almost $2 billion against Litasco, the trading arm of Russian oil producer Lukoil, with the English High Court. "The claim concerns an alleged failure by Litasco S.A. to provide contractual quantities of cargo under long term contract between the companies," Palmali said in a statement sent to Reuters.   Reporting by Nailia Bagirova; writing by Vladimir Soldatkin

International accountant and shipping adviser Moore Stephens believes slashing capacity is the only way to achieve stability in the dry bulk and container ship sectors. The shipping industry is expected to remain volatile and indispensable in 2016. The ultimate definition of an optimist has been characterised as an accordion player with an answerphone. Such extreme optimism might be difficult to find in shipping today, but the portents for 2016 are not all bad. The Baltic Dry Index, a measure of shipping rates for everything from pins to elephants, dropped to an all-time low in December last year, and has fallen still further this month. Most people blamed this on China for not consuming as much of anything as it did previously.

The shipping industry is expected to remain volatile and indispensable in 2016, says International accountant and shipping adviser Moore Stephens. Moore Stephens shipping partner Richard Greiner says, “The ultimate definition of an optimist has been characterized as an accordion player with an answerphone. Such extreme optimism might be difficult to find in shipping today, but the portents for 2016 are not all bad. “The Baltic Dry Index, a measure of shipping rates for everything from pins to elephants, dropped to an all-time low in December last year, and has fallen still further this month.

A master’s authority to clause bills of lading issued by or on his behalf can sometimes become the cause of disagreement between shippers, charterers and carriers. Under Article III Rule 3 of the Hague/Hague Visby Rules after receiving the cargo, and on the demand of the shipper, the master is obliged to issue a bill of lading evidencing the quantity and apparent order and condition of goods to be carried. The buyer of cargo, the consignee in an international trade, will want the subject bill of lading to be  accurate and contain unambiguous remarks as to the quantity, quality and condition of the said cargo – so he knows exactly what he is purchasing.

The UK Defence Club, a provider of FD&D (legal costs) insurance to the maritime industry, announces its financial results for the year ended 20 February 2014. M.G. Pateras, Chairman of the UK Defence Club, says: “We are in a strong financial position with £52.2 million assets under management and with free reserves of £24.5 million. The past 12 months have seen the UK Defence Club entered owned tonnage reach an all time high at 127 million GRT, in addition to a sizeable book of chartered business. “Litigation is, however, an increasingly expensive proposition and a sound financial basis is crucial to the Club’s ability to support Members faced with litigation irrespective of the amounts involved.

Move intended to increase efficiency under Solvency 2. The UK P&I Club has announced that it is reorganising its structure to establish UK Europe as the sole provider of direct insurance to UK Club members. By reducing the number of separately regulated insurers from two to one, the UK Club aims to streamline governance, reduce compliance costs and manage more efficiently the Club’s solvency capital requirements whilst meeting the impending Solvency 2 regulations for insurers in the European Union.

The UK P&I Club has announced that it is reorganizing its structure to establish UK Europe as the sole provider of direct insurance to UK Club members. By reducing the number of separately regulated insurers from two to one, the UK Club aims to streamline governance, reduce compliance costs, and manage more efficiently the Club’s solvency capital requirements, while meeting the impending Solvency 2 regulations for insurers in the European Union. Under the new structure, the Bermuda-based UK Club will cease to write direct insurance business. Its existing direct business will transfer to UK Europe. UK Bermuda will become the reinsurer of UK Europe. It will continue to be the holding company controlled by the Club’s Members – i.e., those ship-owners whose vessels are insured by the Club.

On September 25, 2007, the European Court of Justice (ECJ) in Luxembourg will hear oral arguments in the case brought by INTERTANKO and the industry coalition to examine the validity of the European Union (EU) Ship Source Pollution Directive. Members will recall that the case brought against the U.K.'s Secretary of State for Transport had originated in the Administrative Court of the English High Court. Judgment was granted in favour of the industry coalition in July 2006. The High Court had directed that the case be transferred to the ECJ as that Court has the sole power to rule on the validity of a piece of EU legislation. The Directive, which seeks to criminalise accidental pollution, has proved to be controversial from both the legal and practical standpoints.

Following the granting of injunctions last week against Navigator Gas Management (NGM) and Vela Energy Holdings Ltd in a dispute over the proposed long-term chartering of five gas tankers in the Navigator Gas Transport (NGT) fleet formerly managed by NGM, the owners of the tankers and their charterers, Montanari, have won a further important ruling in the English high court. In a contested application between owners and NGM, the court said that the owners had made out a reasonable case that the Montanari charters had been concluded. Although this was not a full trial of the issue, owners and Montanari see this as lending further weight to their continuing ability to trade the vessels successfully on the market.