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U.S. Tariffs & Trade
The Club, and particularly our global offices in New York and Hong Kong, are closely monitoring developments in relation to the USTR section 301 Investigation and recent ‘reciprocal tariff’ announcements from the United States and China.
This page is designed to keep Members up to date with the latest industry information and updates from our correspondents and other recognised sources regarding developments in the United States and China. Please bear in mind that the situation is dynamic, and the operational status of these tariffs is subject to change at any time – Members are therefore advised to contact their local agents for the latest advice.
Publications
Notice of Readiness
A Notice of Readiness (“NOR”) is an important document, under a voyage charter it represents the delivery of the vessel into the charter service and will likely play an important role in the commencement of laytime.
Disputes relating to laytime, including the validity of the Notice of Readiness, are common and the below is intended to be a short summary of the main principles relating to tender of an NOR.
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Update from Greece: Limitless? Not this time!
The recently published Greek Supreme Court decision number 1806/2023 reaffirmed shipowners’ right to limit liability under the LLMC 1976 Convention for maritime claims in the event of a collision, in respect of losses arising out of Master’s personal acts or omissions, but not out of shipowners’ personal acts or omissions.
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When is a seaman, not a seaman (II)?
The U.S 5th Circuit Court of Appeals decision in Santee v Oceaneering International Inc of 12th March 2024 was discussed in – “When is a seaman, not a seaman (I)?”. The decision was that Santee was not a member of the crew and the court held that he had fraudulently pleaded his status as a Jones Act Seaman working as a remote operated vehicle (ROV) technician aboard a drillship on the Outer Continental Shelf.
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You cannot stipulate Arbitration in a Jones Act employment contract...Or can you?
In Aaron Trejo v. Sea Harvest, the court ruled that the arbitrator should decide the enforceability of an arbitration clause in the employment contract, leading to a defense verdict. This case underscores the increasing enforcement of arbitration agreements in maritime disputes.
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The Star Antares – More Than An Average Decision?
In the case of Star Axe I LLC v Royal Sun Alliance Luxembourg SA and others, The Star Antares [2023] EWHC 2784, the English High Court has clarified a long standing debate by finding that the York Antwerp Rules 2016 are incorporated into the Congenbill 1994 when General Average is agreed to be adjusted “according to York-Antwerp Rules 1994, or any subsequent modification thereof.”
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Published 2024
UK Supreme Court confirms English law governs arbitration agreement seated in Paris
In UniCredit Bank GmbH v RusChem Alliance LLC [2024] UKSC 30, the UK Supreme Court ruled that English law governed the arbitration agreement, despite the arbitration being seated in Paris, as it applied to the main contract with no contrary indication.
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MOA – is loss of bargain recoverable?
In the recent decision of Orion Shipping and Trading Ltd v Great Asia Maritime Ltd [2024] EWHC 2075, the Commercial Court held that compensation under Clause 14 of the Norwegian Saleform 2012 is limited to recovery of accrued losses and wasted expenses and does not include loss of bargain arising out of the lawful exercise of the right to cancel.
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Demurrage Time Bars - FAQ's
Voyage and time charterparties often include clauses that require claims to be notified or initiated within a certain period, or they will be time-barred. Failure to comply with these clauses can result in severe consequences, potentially invalidating a valid claim.
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When is a seaman, not a seaman (I)?
Santee v Oceaneering International Inc was heard in the Fifth Circuit and is an important decision flowing from the earlier Sanchez decision on whether or not a worker onboard a drillship is considered a Jones Act seaman.
This decision reiterates the definition of a seaman. The relevant criteria are useful to employers in assessing which employees are covered under the Jones Act, and its more favourable liability standard, or other federal laws, such as the LHWCA.
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Mitigation as a Guiding Principle to Damages
In the recent decision of Sharp Corp Ltd v Viterra BV [2024] UKSC 14, the Supreme Court ruled that mitigation is just as important as the compensatory principle when calculating damages and should in fact be the guiding principle in certain situations.
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RAQUEL S: ‘”well-drafted” Himalaya Clause Reinforces Sub-Contractors’ Rights
In Maersk Guinea-Bissau and Maersk A/S v Almar-Hum [2024] EWHC 993 (Comm), the Court held that a Himalaya clause can give a sub-contractor the right to claim damages from a bill of lading shipper. The shipper breached the clause by suing the sub-contractor in a jurisdiction not specified in the exclusive jurisdiction clause.
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Court of Appeal Confirms: No Contract Between EVER GIVEN Owners and Salvors
Court of Appeal Confirms: No Contract Between EVER GREEN Owners and Salvors the Court of Appeal provides useful guidance on whether a contract as to the remuneration to be paid to salvors has been concluded or not – see our article below on The EVER-GIVEN decision
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Katia Oliveira Interviews Captain Silva of Log-In Jacaranda
This week, we’re celebrating International Women’s Day with an inspiring conversation! Katia Oliveira, Manager at Steamship Mutual Rio, spoke with Captain Vanessa Cunha dos Santos Silva of Log-In Logística Intermodal S/A Jacaranda about her journey to becoming a Master of a vessel.
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MT Polar - UK Supreme Court - implying an insurance code or fund into a charterparty
MT Polar - UK Supreme Court - implying an insurance code or fund into a charterparty Explore this recently published article on UK supreme Court ruling The Polar, regarding the implications of insurance codes or funds in charterparty agreements
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MT Polar - UK Supreme Court Guidance on incorporating a Charter Party clause into Bills of Lading
The Polar - UK Supreme Court Guidance on incorporating a Charter Party clause into Bills of Lading. Explore this recently published article on UK supreme Court ruling The Polar, regarding the incorporation of Charter Party clauses into Bills of Lading.
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MT Polar - UK Supreme Court guidance on application of war risks clauses
UK Supreme Court guidance on application of war risks clauses. Owen Fry article discusses a recent judgment of the UK Supreme Court, which offers insight on the limitations of some war risks provisions, and some guidance on the exercise of rights to avoid the Suez Canal, Red Sea and Gulf of Aden in the face of threats by Houthi militia. A must-read for owners and operators navigating these challenging waters.
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To arbitrate or not: Does it “matter”?
The UK Supreme Court's key decision on 20 September 2023 in Republic of Mozambique v. Privinvest clarified the Arbitration Act's application to Mozambique's claims in the English High Court. The ruling underscores the significance of precise arbitration clause drafting in commercial contracts for practitioners.
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Notice of arbitration: To be (served) or not to be (served)?
In court or arbitration proceedings, the initial steps to pursue a claim are crucial. Two pre-pandemic English cases highlight the importance of properly serving notices of arbitration. They offer guidance on valid notices and the recipient's authority for service, crucial to avoiding wasted costs and claim loss.
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Philippine Crew Claims “Compliance is Key” - the procedural requirements of the 120/240 days Rule
Philippine Crew Claims “Compliance is Key” - the procedural requirements of the 120/240 days Rule. What is the impact of the 120/240 days Rule in Philippine Crew Claims? Darren Heppel writes on the importance of compliance with procedural requirements in Philippine crew claims.
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2022 Safer Seas Act
Due to increasing reports of sexual assault and harassment within the U.S. military and maritime industry at large, U.S. Congress enacted the 2022 Safer Seas Act, which applies to US flag commercial vessels. This Act brought in numerous new requirements related to reporting, training and surveillance.
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