This case illustrates the complex relationship that can exist between proceedings brought against two different sea carriers arising out of the same event. French Courts addressed the following question: how can judgments issued in one of the proceedings be used in the other proceedings? Ultimately, the handling of circular recourses between cargo interests, sea carriers ..read more

This article was originally published on Lloyd’s Maritime and Commercial Law Quarterly and is republished with permission. In the latest of our series, which is annually published in the Lloyds Maritime and Commercial Law Quarterly Yearbook, Andrew Tetley and Antoine Guillemot have collated and reported on developments in French shipping law. Sea carriers can be sued ..read more

Trading companies that seek to insulate their shipping risk by allocating their chartering activities to a separate entity will be reassured by a recent judgment of the English Court, in which it was decided that a letter of indemnity was enforceable only against the entity which had issued it, and not against a connected entity ..read more

Despite living in an age of instantaneous correspondence and fast contractual negotiations, parties may still assume that promises as important as parent company guarantees, require detailed written documents, wet-ink, or e-signature signatures in order to be enforceable. The English Courts have recently reaffirmed that this is not the case. SFL Ace 2 Co Inc v ..read more

The U.S. and the UK moved quickly to prohibit the import of Russian LNG into their territories, but did not pass sanctions against the transportation of Russian LNG to other territories. Similarly, while the U.S. placed asset freeze sanctions on new Russian LNG projects such as the Arctic LNG 2 project, existing LNG infrastructure in Russia was not designated ..read more

This article provides an overview of the legal issues related to the maritime recovery of reusable rockets, which is an emerging practice in the commercial space industry. It summarizes the current state of the space economy, the sources of space law in the U.S., and the regulations affecting the waters and the vessels involved in ..read more

Following the recent dissolution of the French National Assembly, the country is preparing for early legislative elections. The political climate is tense for shipping companies with the two leading political parties in the polls considering abolishing the French tonnage tax regime. By way of reminder, the French tonnage tax regime offers a favourable tax framework for shipping companies, meeting certain conditions. Instead of being taxed on their actual profits, companies elect to be taxed based on the net tonnage of their fleet. In other words, instead of paying a percentage of the rentals f ..read more

Richard Gunn, the leading partner in Reed Smith’s Casualty and Admiralty team, sheds light on the intricacies of salvage operations amidst the recent Court of Appeal decision in Smit Salvage BV & Ors v Luster Maritime SA & Anr (The ‘Ever Given’). The case vividly illustrates the challenges of negotiating contracts in rapidly changing environments, particularly within the maritime domain. As the judgment delves into the blurred lines between offer and acceptance in contract law, it underscores the significance of clear communication and the unique nature of salvage operations. The Court ..read more

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

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