Offshore wind farms: Climate commitments and challenges in the U.S.
Ship Law Log
by Alice Colarossi and Julia Norsetter
1w ago
International obligations: climate change At a United Nations climate conference in late 2023, participants championed the successes of climate commitments in previous years. Nevertheless, there was consensus that not enough action has occurred to enable participants to meet the goals of the Paris Agreement in 20151. This agreement set ambitious goals relating to climate change mitigation, including the goal to keep the rise in mean global temperature to below two degrees Celsius (above pre-industrial levels).The use of renewable energy sources, such as offshore wind, has generated significant ..read more
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New U.S. Supreme Court decision recognizing enforceability of choice-of-law clauses in maritime contracts, subject to narrow exceptions
Ship Law Log
by Alice Colarossi and Oliver Beiersdorf
2w ago
The U.S. Supreme Court held on February 21, 2024 that “choice-of-law provisions in maritime contracts are presumptively enforceable as a matter of federal maritime law, with certain narrow exceptions.” Great Lakes Ins. SE v. Raiders Retreat Realty Co., LLC, 217 L.Ed.2d 401, 413 (U.S. 2024). The Supreme Court’s decision promotes uniformity and predictability in the interpretation and implementation of maritime contracts. The Supreme Court recognized two exceptions. First, choice-of-law provisions are not enforceable in maritime contracts “when the chosen law would contravene a control ..read more
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Big waves: global autonomous ships market on the rise
Ship Law Log
by Thor Maalouf and Julia Norsetter
2w ago
International shipping has the potential to undergo an evolution with developments in autonomy—these developments present opportunities to both increase safety and reduce risk to vessel operations. Zulu Associates, a Belgian company which describes itself as an innovator in marine logistics and focusses on smaller vessels, expects to put small autonomous container ships into the English Channel or Southern North Sea by 2026. In an interview with TradeWinds, the CEO of Zulu Associates, Antoon Van Coillie, indicated that shipping insurance markets are cognizant of autonomous systems and ships. H ..read more
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New CBP Jones Act Ruling Prevents Release of Vapor from LNG Loaded at 1st U.S. Port during Loading at 2nd U.S. Port
Ship Law Log
by Alice Colarossi
4M ago
The Jones Act is a challenge for the LNG industry in the United States. The Jones Act requires that all vessels used to transport merchandise between points in the United States satisfy certain requirements: to be Jones Act compliant, vessels must be U.S.-built, U.S.-owned, U.S.-flagged, U.S.-operated and U.S.-crewed, subject to certain limited exceptions.  No Jones Act Compliant LNG Tanker There is currently no Jones Act compliant LNG tanker, and therefore, no LNG tanker can move LNG between U.S. terminals—for example from the Gulf region, where many LNG plants are located, to regio ..read more
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Assessing the risk factor
Ship Law Log
by Thor Maalouf and Romain Farnoux
5M ago
Originally published By Superyacht News in ‘The Superyacht Owner Report’. Superyacht construction has always been a laboratory for innovation, pursuing the highest standards of comfort, luxury and safety – from the use of fibreglass hulls to the general use of stabilisation systems. As we push for more sustainable superyachts, new and experimental technologies are increasingly being used in construction. Examples include hybrid propulsion, alternative fuels, improved propeller design, hull optimisation, heat pumps and the incorporation of contra-rotating thrusters for propulsion. To temper thi ..read more
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French Tonnage Tax regime saved by Government’s 49.3 move in Parliament
Ship Law Log
by Benoît Bernard, Romain Farnoux and Antoine Maniglier
5M ago
Threatened with abrogation by numerous amendments submitted by opposition MPs during the examination of the Finance Bill for 2024, the French tonnage tax regime has finally been saved. Indeed, the Government decided to rely on its power under Paragraph 3 of Article 49 of the Constitution, to force through the contested bill without a vote and without any of the contemplated amendments. As a reminder, the French tonnage tax system introduced in 2003 is specially adapted to maritime transport activities, which are international by nature, and therefore particularly subject to tax competition bet ..read more
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Navigating Storms: Some legal strategies for contingency planning in shipping supply chains
Ship Law Log
by Eleni Pilaviou and Nick Austin
6M ago
The global shipping industry is the backbone of international trade, connecting economies and facilitating the movement of goods. However, it comes with pronounced risks. From adverse weather conditions to regulatory complexities, managing risks in shipping supply chains requires meticulous planning and legal foresight. This article explores three areas in which legal strategies can help the shipping industry meet the challenges can be developed. Charterparties Charterparty agreements, which delineate the responsibilities and liabilities of owners and charterers, need to adequately address unf ..read more
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Insights from Reed Smith’s London International Shipping Week event: Managing your supply chain risk
Ship Law Log
by Nick Austin, Alexander Brandt and Thor Maalouf
6M ago
Navigating the turbulent waters of the global supply chain from geopolitical uncertainty, to evolving sanctions, and the adoption of decarbonisation: Insights from Reed Smith’s London International Shipping Week event. A panel of industry experts delved into the pressing issues facing the global supply chain as part of Reed Smith’s London International Shipping Week (LISW) event. The speakers engaged in a discussion that focused on the biggest challenges facing the sector, including geopolitical uncertainty, the complexities of sanctions, and the adoption of decarbonisation. A packed audience ..read more
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Singapore Court of Appeal clarifies the proper interpretation of Rule 9(a) of the Collision Regulations
Ship Law Log
by Jonathan Lim, Resource Law LLC
8M ago
In The “Navigator Aries” [2023] SGCA 20, the Singapore Court of Appeal (the “CA”) clarified that Rule 9(a) of the International Regulations for Preventing Collision at Sea 1972 (the “Colregs”) requires a vessel proceeding in a narrow channel to keep as near to the outer limit which lies on her starboard side as is safe and practicable (the “Limit Requirement”), and not merely to keep to the “lane” that is on her starboard side (the “Lane Requirement”). The Lane Requirement arose from Rule 25(a) of the 1960 Collision Regulations (the “Old Rule 25(a)“) which required a vessel in a narrow channel ..read more
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Collision Statements of Case – what must you disclose and when?
Ship Law Log
by James Scott, Voirrey Blount and Alicia Cranston
8M ago
From April 2023, it is a requirement in collision cases that even where only one party has the information in its possession, electronic track data (“ETD”) must be provided to the other party. This is a welcome amendment to the previous rule that the parties had to do so only where they both had ETD in their possession. What is the Purpose of the Amendments? The amendments to Part 1 and Part 2 of the Collision Statements of Case (“CSoC”) have been drafted with the aim of enhancing the ability of the parties and the Court to identify the substantive issues in dispute and manage the case more ef ..read more
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