Skip to main content

HFW

Emergency Response

Brexit

News and Press

Articles

Our lawyers are often asked to provide editorial on key industry issues for a range of national, international business and trade publications.

Articles

  • Banning restrictive contractual clauses in investment and corporate banking: the FCA’s bid to promote competition
    22/08/2017
    Read more
    Robert Finney, regulatory partner in HFW’s London office, interviewed by LexisPSL’s Kate Beaumont on the Financial Conduct Authority’s policy statement on the prohibition of restrictive contractual clauses and what the new rules and guidance mean for regulated firms. Commodities  EU, Competition and Trade Regulatory  Financial Services Regulation 

  • 14/07/2017
    Read more
    Cet article a été publié dans Fusions & Acquisitions Magazine (n° 292 - Juillet-Août 2017) et est reproduit ci-dessous avec leur autorisation. Energy  Paris 
  • Une nouvelle réglementation pour les entrepôts couverts
    24/04/2017
    Read more
    Dans le cadre du « choc de simplification » impulsé le 28 mars 2013 par le président de la République, une nouvelle réglementation relative à la prévention des sinistres dans les entrepôts couverts soumis à autorisation a vu le jour. Le point sur ces nouvelles dispositions. Logistics  Paris 
  • Inscription du préjudice écologique dans le code civil : un régime incomplet ? Mars 2017
    14/03/2017
    Read more
    Le cabinet d’avocats Holman Fenwick Willan France LLP propose une analyse sur l’intégration en droit français de la notion de préjudice écologique. Shipping 
  • Diamonds in the rough: hidden gems in the ship finance market?
    30/01/2017
    Read more
    With banks and borrowers alike feeling the prolonged and acute strain on traditional ship finance lending, the quest for any form of finance of shipping assets has been a significant challenge for many. Compounded by increasing financial regulation, reclassifications of shipping loans and stringent capital requirements it is little wonder that any positive reports for the ship finance market are few and far between. The record lows of the Baltic Dry Index are never far from the market's mind and falling rates and overcapacity issues have drained away much of the initial optimism over the tanker sector. Nevertheless, some deals are still being done – both publicly and privately – whether as restructurings or as packaged work-out transactions for new managers/borrowers. So despite the 'perfect storm' in which ship finance has found itself, are there any hidden gems and diamond opportunities for those willing to take on the search? Shipping  Finance 
  • Calcium hypochlorite: it’s back and hiding in plain sight
    02/11/2016
    Read more
    The often dramatic risks associated with transporting calcium hypochlorite first came to light in the 1970s in a series of serious incidents involving US and Japanese producers. Casualties in the 1990s including (it has been suggested) “CONTSHIP FRANCE”, “DG HARMONY”, ACONCAGUA” and “CMA DJKARTA” brought the problem back into the spotlight with increased awareness of operators to these risks. Shipping 
  • Brexit, the EU, and foreign and digital currencies, August 2016
    03/08/2016
    Read more
    With the outcome of the recent national referendum still reverberating both within and outside the UK, and with speculation rife as to the nature of the UK’s immediate and long-term political and commercial futures, it would be easy to overlook that equally dramatic events may also erupt in countries on the European mainland. Commercial  EU, Competition and Trade Regulatory  Shipping  Financial Institutions  Finance 
  • Getting the deal through: Brexit, July 2016
    28/07/2016
    Read more
    The terms of the UK’s withdrawal from the EU will inevitably dictate the extent to which Brexit impacts upon financial agreements. As this stage, it is important to consider the clauses which may have to be reviewed. Finance  Shipping  London  EU, Competition and Trade Regulatory 
  • York-Antwerp Rules 2016: a summary
    28/07/2016
    Read more
    On 5 May 2016 a new version of York-Antwerp Rules, the contractual regime governing the ascertainment of general average contributions, was settled at a conference convened by Comité Maritime International1. The new rules, entitled York-Antwerp Rules 2016, are the culmination of a drafting process which began in 2012. Having been approved by the shipowners’ association, BIMCO, these rules stand a good prospect of being adopted in place of York-Antwerp Rules 1994, the rules which are at present most commonly incorporated by reference into charterparties and bills of lading. In so doing, York-Antwerp Rules 2016 will fill the gap created by the failure of the 2004 Rules which, whilst promoted by cargo concerns, never found acceptance in the ship-owning community. Shipping 
  • Dossier les actifs de l'entreprise, Juin 2016
    16/06/2016
    Read more
    Notion mouvante, par définition, souvent (à tort) considérée comme « fourre-tout », à la croisée de la comptabilité, de l’évaluation financière et du droit, les actifs de l’entreprise sont une source inépuisable d’interrogations juridiques. Paris  Finance  International Trade Regulation 
  • A patchy implementation: a global perspective, May 2016
    05/05/2016
    Read more
    With less than seventy five days left (at the time of writing) before the SOLAS amendments become effective on July 1, 2016, it is taking competent authorities a lot longer than anticipated to come forward with guidance on implementation, enforcement and tolerances. Logistics  Ports & Terminals  Shipping  EU, Competition and Trade Regulatory 
  • IBA guidelines on conflict of interest: The traffic lights flash amber, April 2016
    29/04/2016
    Read more
    A recent English court decision in W Ltd v M SDN BHD1 has refused to follow the IBA Guidelines on Conflicts of Interest in International Arbitration (IBA Guidelines)2 and has dismissed a challenge to an arbitrator despite the fact that the situation fell fairly and squarely within the Non-Waivable Red List. The case has sent ripples through the international arbitration world. Nick Longley explains the IBA Guidelines, summarises this new decision and comments on it and its effects. Dispute Resolution 
  • Maritime finance in the Middle East - the IF solution, January 2016
    05/01/2016
    Read more
    The maritime sector and ship owning is a capital intensive business. The capital costs incurred to purchase assets and the cashflows required to operate the assets are high. Over the last eight years, as the debt markets entered the more difficult phase of the cycle, offshore marine companies with steady cashflows, creditworthy counterparts and physical assets that were available to financiers as security started looking for other financing options. Shipping  Finance  Middle East  Dubai  Riyadh  Beirut  Kuwait 
  • Nigeria tanker ban lifted? September 2015
    15/09/2015
    Read more
    The Nigerian National Petroleum Corporation (NNPC) has apparently lifted its earlier imposed ban of approximately 100 crude tankers from operating or moving within Nigerian territorial waters. The ban had been severely criticised by the shipping industry and international and local lawyers alike. Not only was it of questionable jurisdiction, the NNPC lacking the power constitutionally speaking, to control the movement of ships in Nigerian waters, but the sheer lack of explanation or information provided by the NNPC for the ban resulted in general uncertainty and speculation as to the reasons for it. Shipping  Energy  Ports & Terminals  EU, Competition and Trade Regulatory  Africa 
  • Predictably unpredictable, April 2015
    24/04/2015
    Read more
    Shipping has received its fair share of knockbacks in recent years – not least the large-scale retreat of its traditional finance providers. Stephen Drury and Jasel Chauhan of Holman Fenwick Willan chart the ebb and flow of investment within this perennially volatile sector. Shipping  Finance  Asia-Pacific  Eastern Europe & Russia  USA & Canada 
  • Mining Journal Risk Anti-corruption and Compliance Guide 2014
    05/12/2014
    Read more
    Anti-bribery and anti-corruption is an increasingly important issue in the mining and extractive industries. This HFW article focuses on the key recent developments in international anti-corruption laws and assesses their implications for mining companies. We then look at corporate governance and compliance strategies to help manage the risks, and at the types of insurance coverage available. And we examine what exposures remain.
  • Packing a punch – the new Cargo Transport Units code, October 2014
    30/10/2014
    Read more
    Cargo Transport Units (CTUs) are designed with the intention of being versatile due to the requirement to adapt to a variety of modes of transport. They do so by being rolled or lifted from one form of transport to another. A swap body can be carried on a road vehicle or railway wagon. A deep sea container can be carried on a road vehicle, railway wagon, inland barge or seagoing vessel for example. Ports & Terminals  Shipping 
  • Taking the penalty, October 2014
    03/10/2014
    Read more
    HFW’s Ben Atkinson explains why insurance cover for environmental fines cannot cover every eventuality. Insurance & Reinsurance  EU, Competition and Trade Regulatory  Ports & Terminals 
  • Legal Eagles, September 2014
    18/09/2014
    Read more
    Holman Fenwick Willan’s crack team of specialist shipping lawyers answer your legal questions. Shipping 
  • Roundtable: Insurance & Risk Management 2014
    09/09/2014
    Read more
    In this roundtable we spoke with eight experts from around the world to discuss the current Insurance & Risk Management landscape. Among the highlighted topics, our chosen experts discuss challenges relating to mergers and acquisitions, policy reviews and the role of technology in transforming the insurance industry. Insurance & Reinsurance  Corporate  London  Africa  Middle East  Financial Services Regulation 
  • Contract variations, traps for the unwary, September 2014
    01/09/2014
    Read more
    At the end of practically every construction project the parties will be faced with a schedule of unresolved variations that will need to be agreed. Disagreements will often relate to valuation. Construction  Dispute Resolution 
  • Pushing Privatisation, August 2014
    28/08/2014
    Read more
    HFW’s Alex Kyriakoulis discusses the attempts of the Greek government to privatise Piraeus and Thessaloniki ports. Ports & Terminals  Corporate  Shipping  London  Piraeus 
  • Foreign investment in Australia’s mining sector – frequently asked questions (4): Personal Property Securities Legislation, August 2014
    22/08/2014
    Read more
    This is the fourth in a series of seven articles being prepared by HFW which aim to answer frequently asked questions concerning foreign investment in Australia’s mining sector. In this article, we will look at the impact of the Personal Property Securities Act 2009 (Cth) (the PPSA) on the mining sector. Mining  Corporate  Financial Institutions  Finance  Melbourne  Sydney  Perth  Commercial  Asia-Pacific 
  • Foreign investment in Australia’s mining sector – frequently asked questions (4): Personal Property Securities Legislation, August 2014 (Chinese language)
    22/08/2014
    Read more
    夏礼文律师行撰写了一连七篇有关外国公司投资澳洲矿业常见问题的系列文章,本文为该系列文章的第四篇,旨在讨论澳大利亚个人资产担保法(Personal Property Securities Act 2009 (Cth))(“个人资产担保法”)对于矿产行业的影响。 Mining  Financial Institutions  Finance  Commercial  Corporate  Melbourne  Sydney  Perth  Asia-Pacific 
  • Not in my back yard, August 2014
    22/08/2014
    Read more
    Andrew Chamberlain and Tom Walters, of Holman Fenwick Willan, take a legal view on place of refuge. Shipping  Ports & Terminals  London 
  • Offshore wind power: winds of change, August 2014
    12/08/2014
    Read more
    Legal and regulatory hurdles are making offshore wind power unnecessarily expensive. Before the next round of projects is procured, we need to cut the costs in half. Construction  Energy  Projects  London  Dubai 
  • Awareness of global limitation regimes key to curbing wreck-removal exposure, August 2014
    12/08/2014
    Read more
    As wreck-removal costs mount, Holman Fenwick Willan Partners Rory Butler and Martin Dalby argue a recent court ruling shows that knowledge of different limitation regimes from around the world offer shipowners and insurers the best way to limit exposure Shipping  Insurance & Reinsurance  Dispute Resolution  London 
  • EU procurement directive: size matters, July 2014
    24/07/2014
    Read more
    A new EU procurement directive will soon demand new contracts for sizeable variations to public projects, but tread carefully: substantial is a subjective word Construction  Projects  Dispute Resolution  London  Paris  Brussels  Geneva  Piraeus 
  • The Channel Tunnel: have we learnt our lessons? July 2014
    24/07/2014
    Read more
    The Channel Tunnel opened 20 years ago having endured lengthy delays and massive cost overruns. So what can today’s major schemes learn from the mistakes made two decades ago? Construction  London  Projects 
  • Sanctions against Russia: be prepared! July 2014
    18/07/2014
    Read more
    As the situation in Ukraine deteriorates, the possibility of further sanctions against Russia and Russian interests continues to dominate the agenda. As a result, energy sector businesses which have commercial connections with Russia need to keep a careful eye on political, business and legal developments, to avoid falling foul of new restrictions. International Trade Regulation  Energy  Financial Institutions  Insurance & Reinsurance  London  Eastern Europe & Russia  USA & Canada 
  • Concession choices, July 2014
    14/07/2014
    Read more
    HFW’s Joseph Botham detangles the complicated knot of port ownership models in common use today. Ports & Terminals  Construction  Projects  London  Logistics  Shipping 
  • A surprising decision for charterers, July 2014
    14/07/2014
    Read more
    Brian Perrott and Alice Marques of Holman Fenwick Willan, recently represented Cargill International in the UK Court of Appeal in relation to a dispute that focuses on the construction of an off-hire provision in an amended NYPE form which itself allocates the risk of delay between owners and charterers. Shipping  London  Dispute Resolution  Paris  Geneva  Piraeus  Dubai  Shanghai  Hong Kong  Singapore  Melbourne  Sydney  Perth  São Paulo 
  • Silver construction standard
    10/06/2014
    Read more
    HFW’s Robert Blundell discusses the pros and cons of the industry’s favoured EPC contract. Ports & Terminals  Construction  London 
  • Legal Eagles, June 2014
    01/06/2014
    Read more
    Holman Fenwick Willan’s crack team of specialist shipping lawyers answer your legal questions. Shipping  International Trade Regulation  Ports & Terminals  London  Dispute Resolution 
  • Clampdown on corruption
    29/05/2014
    Read more
    Is the first corporate prosecution under the UK Bribery Act just around the corner?, asks HFW’s Daniel Martin. Ports & Terminals  London  International Trade Regulation 
  • Industry viewpoint: Charterers may have to pay hire on arrest of their chartered vessel
    12/05/2014
    Read more
    In a judgment of some significance to the bulk shipping market, the English Court of Appeal last week confirmed that charterers must continue to pay hire upon the arrest of their chartered vessel if the arrest was attributable to actions by anyone acting as their “delegate”. London  Ports & Terminals  Shipping  Africa  Eastern Europe & Russia 
  • When even fraud is not nearly enough
    09/05/2014
    Read more
    The new regime for domestic commercial arbitration reflects how far Australia has come in creating a substantively distinct jurisdiction for commercial dispute resolution as an alternative to the courts. An avowed desire to avoid the replication of processes through the courts motivated the authors of the UNCITRAL Model Law on International Commercial Arbitration (the Model Law).1 Their aim was to restrict drastically the scope for curial intervention in order to achieve speedy, cost-effective, fair and final resolution of disputes. Dispute Resolution  London  Perth  Asia-Pacific  Energy 
  • India’s spring board
    25/04/2014
    Read more
    HFW’s Connie Chen and Alistair Mackie discuss India’s need for better port development plans. Ports & Terminals  Sydney  London  Indian Sub-continent  Finance  Projects  Corporate  Construction  Commercial 
  • Foreign investment in Australia’s mining sector – frequently asked questions (3): exploration and mining rights
    11/04/2014
    Read more
    This is the third in a series of seven articles being prepared by HFW which aim to answer frequently asked questions concerning foreign investment in Australia’s mining sector. Mining  Finance  Corporate  Melbourne  Sydney  Perth  Asia-Pacific  Commodities 
  • Foreign investment in Australia’s mining sector – frequently asked questions (3): exploration and mining rights (Chinese language)
    11/04/2014
    Read more
    夏礼文律师行撰写了一连七篇有关外国公司投资澳洲矿业常见问题的系列文章,本文为该系列文章的第三篇。 Mining  Corporate  Finance  Melbourne  Sydney  Perth  Asia-Pacific 
  • Paying for progress – trends in ports and terminals financing
    13/03/2014
    Read more
    HFW’s Gudmund Bernitz discusses the financing options open to ports looking to expand. Shipping  Ports & Terminals  Finance  Eastern Europe & Russia  USA & Canada  Asia-Pacific  Energy  London 
  • Weighed down
    13/03/2014
    Read more
    There will be few winners with the IMO’s container weighing 'solution’ as HFW’s Matthew Gore explains. Shipping  Ports & Terminals  Africa  Asia-Pacific  Eastern Europe & Russia  Indian Sub-continent  Latin America  Middle East  Scandinavia  USA & Canada  London 
  • Waste not, want not
    13/03/2014
    Read more
    On 1 January 2013, new MARPOL Regulations came into force with regard to the disposal of garbage from ships at sea, largely prohibiting the practice. As a result, it will become common practice for ships to send their garbage to shore-based reception facilities. MARPOL applies to ships via their flag state, and port and terminals via the national legislation. International Trade Regulation  Shipping  Dispute Resolution  Ports & Terminals  London  Paris  Brussels  Geneva  Piraeus  Dubai  Shanghai  Hong Kong  Singapore  Melbourne  Sydney  Perth  São Paulo  Alliance Offices  Africa  Asia-Pacific  Eastern Europe & Russia  Indian Sub-continent  Latin America  Middle East  Scandinavia  USA & Canada 
  • Legal and Insurance considerations in the mining sector
    26/02/2014
    Read more
    The attitude to insurance of organisations in mining and other commercial sectors has changed in the last decade. The development of knowhow and increased awareness of risk management and corporate governance has seen a shift in insurance buying, and insurance is perceived to be an essential tool for improved corporate governance and business continuity. Insurance & Reinsurance  Mining  Dispute Resolution  London  Paris  Brussels  Geneva  Piraeus  Dubai  Shanghai  Hong Kong  Singapore  Melbourne  Sydney  Perth  São Paulo  Africa  Asia-Pacific  Eastern Europe & Russia  Indian Sub-continent  Latin America  Middle East  Scandinavia  USA & Canada 
  • Foreign investment in Australia’s mining sector – frequently asked questions (2): Business structures (Chinese language)
    18/12/2013
    Read more
    夏礼文律师行编制了一连七篇解答关于外商投资澳洲矿业常见问题的连载文章, 本文为该连载文章的第二篇。 London  Paris  Rouen  Brussels  Geneva  Piraeus  Dubai  Shanghai  Hong Kong  Singapore  Melbourne  Sydney  Perth  São Paulo  Alliance Offices  Asia-Pacific  Finance  Corporate  Commercial  Mining  Financial Institutions 
  • Foreign investment in Australia’s mining sector – frequently asked questions (2): Business structures
    06/12/2013
    Read more
    This is the second in a series of seven articles being prepared by HFW which answer frequently asked questions concerning foreign investment in Australia’s mining sector. London  Paris  Brussels  Geneva  Dubai  Shanghai  Hong Kong  Singapore  Melbourne  Sydney  Perth  São Paulo  Alliance Offices  Asia-Pacific  Finance  Corporate  Commercial  Mining  Financial Institutions 
  • Judgment call: 'Alexandros T'
    05/12/2013
    Read more
    After much to-ing and fro-ing between the English High Court, a Greek court, the Court of Appeal in London and the Supreme Court, we now thankfully have some clarity around the issue of the finality of an English settlement agreement. In a landmark decision the Supreme Court has ruled that an English settlement agreement should bring a full stop to a dispute and should not be capable of being unravelled by a foreign court. Insurance & Reinsurance  Eastern Europe & Russia  Shipping  Dispute Resolution 
  • Australia’s new dawn – port privatisation
    08/11/2013
    Read more
    The Government of New South Wales announced in June 2013 that it would sell the Port of Newcastle to fund significant infrastructure projects. Asia-Pacific  Ports & Terminals  Shipping 
  • The meaning of P3
    08/11/2013
    Read more
    Since the announcement in June 2013 of a proposed global operational alliance (the P3 Alliance) between Maersk Line, Mediterranean Shipping Co and CMA CGM (the P3 Partners), and in anticipation of any further details, there has been much speculation within the industry relating to the form and substance such an alliance would take and the effect that it would have on both port and terminal operators and the industry at large. Ports & Terminals  Shipping  Eastern Europe & Russia  Asia-Pacific 
  • A plan for ports
    08/11/2013
    Read more
    In order to meet increasing market demands on Europe’s ports, the European Commission has published its new regulatory initiative. The review supplements the existing EU policy and comprises a Regulation and a Communication introducing eight EU actions. The Regulation will establish a framework on market access to port services and require greater financial autonomy and transparency across 319 key ports. EU, Competition and Trade Regulatory  Ports & Terminals  Shipping  Eastern Europe & Russia 
  • Foreign investment in Australia’s mining sector – frequently asked questions
    04/11/2013
    Read more
    This is the first in a series of seven articles being prepared by HFW which answer frequently asked questions concerning foreign investment in Australia’s mining sector. Mining  Asia-Pacific  Perth  Sydney  Melbourne  Financial Institutions  London  Paris  Rouen  Brussels  Geneva  Piraeus  Dubai  Shanghai  Hong Kong  Singapore  São Paulo  Alliance Offices  Finance  Corporate  Commercial 
  • Foreign investment in Australia’s mining sector – frequently asked questions (Chinese language)
    04/11/2013
    Read more
    夏礼文律师行将编制一连七篇解答关于外商投资澳洲矿业常见问题的连载文章, 本文为该连载文章的第一篇。 Mining  Finance  Commercial  Corporate  London  Paris  Rouen  Brussels  Geneva  Piraeus  Dubai  Shanghai  Hong Kong  Singapore  Melbourne  Sydney  Perth  São Paulo  Alliance Offices 
  • Life cycle of a sanctions programme
    06/09/2013
    Read more
    The continued increase of multilateral sanctions against Iran and speculation about action against Syria offer a useful contrast to the lifting of sanctions against Burma, such that now is an appropriate time to look at some of the trends and common features in EU sanctions programmes, with a particular focus on how those programmes have developed over time and what commercial organisations might expect if they are affected by them. International Trade Regulation  Commercial  Energy  London  Middle East  Commodities  Ports & Terminals 
  • Determining the scope of catastrophe cover
    08/08/2013
    Read more
    The devastating and widespread impact of the windstorms and flood events which affected Central Europe earlier this Summer resulted in estimated insured losses of US$5 billion and total economic losses of US$22 billion. They serve as a timely reminder that extreme weather events are no longer the sole preserve of so called “Nat Cat” hot spots or the US hurricane season, but can strike closer to home often with devastating results. Insurance & Reinsurance  London  Paris  Rouen  Brussels  Geneva  Piraeus  Dispute Resolution 
  • Strike - The Impact on Shipping
    19/06/2013
    Read more
    When ports suffer from strikes, industrial action or other disruption and a terminal cannot work, who foots the bill? Shipping  Ports & Terminals  Dispute Resolution  Asia-Pacific  Hong Kong 
  • Challenging Times in the Coastal Trade
    30/05/2013
    Read more
    The year 2012 was a year of significant legislative reforms. In 2013 the outcomes of the Coastal Trading (Revitalising Australian Shipping) Act 2012 (Act) will be better understood by the shipping community. Shipping  Ports & Terminals  Melbourne  Sydney  Perth  Asia-Pacific 
  • Insurers and Brokers Beware
    30/05/2013
    Read more
    Despite ongoing talks between Iran and the P5+1 (the US, Russia, China, the UK, France and Germany), culminating in recent discussions in Kazakhstan in February and April 2013, Iran is still subject to international trade sanctions which are amongst the most onerous (and certainly the most complex) which have ever been imposed against any country. Insurance & Reinsurance  London  Paris  Rouen  Brussels  Geneva  Piraeus  Dubai  Shanghai  Hong Kong  Singapore  Melbourne  Sydney  Perth  São Paulo  Africa  Asia-Pacific  Eastern Europe & Russia  Indian Sub-continent  Latin America  Middle East  Scandinavia  USA & Canada  EU, Competition and Trade Regulatory 
  • The Air We Breathe
    28/05/2013
    Read more
    When the Hong Kong Environmental Protection Department announced in March this year that it intended to introduce legislation requiring ocean-going vessels to burn low-sulphur fuel while berthing in Hong Kong waters, residents and pressure groups breathed a collective sigh of relief. Ports & Terminals  Shipping  Hong Kong  Asia-Pacific 
  • Addressing EU inconsistencies
    07/05/2013
    Read more
    Europe’s ports have long served as the gateways to the transport market within Europe as well as to the rest of the world: its ports have created the base for European-wide infrastructure networks, providing benefits for many and relied upon by millions. EU, Competition and Trade Regulatory  London  Paris  Rouen  Brussels  Geneva  Piraeus  Ports & Terminals 
  • Playing the Pilot
    29/03/2013
    Read more
    As the UK-Government supported Marine Navigation Bill (No.2) comes under close scrutiny by the national Parliament, there are wider implications for the Bill than its UK-centric focus implies. Ports & Terminals  London  Paris  Rouen  Brussels  Geneva  Piraeus  Dubai  Shanghai  Hong Kong  Singapore  Melbourne  Sydney  Perth  São Paulo  Africa  Asia-Pacific  Eastern Europe & Russia  Indian Sub-continent  Latin America  Middle East  Scandinavia  USA & Canada 
  • UK competition law reforms aid actions
    27/02/2013
    Read more
    Changes encourage consumers and businesses to bring collective action against companies involved in price-fixing cartels. EU, Competition and Trade Regulatory  London  Paris  Rouen  Brussels  Geneva  Piraeus  Eastern Europe & Russia 
  • Currency Concerns
    20/02/2013
    Read more
    The Eurozone debt crisis has prompted those involved in port operations to consider carefully the potential consequences of the exit of a Eurozone state from the Euro and a re-denomination into a replacement local currency. Insurance & Reinsurance  Commercial  London 
  • The lender on the hook?
    15/02/2013
    Read more
    Jenny Salmon, of Holman Fenwick Willan, and James Turner, of Quadrant Chambers, examine the ship finance implications of the recent court decision in The Kyla. Shipping  London 
  • Opportunities & threats for Myanmar investors
    18/01/2013
    Read more
    The year 2012 has seen a remarkable change of fortunes for the Republic of the Union of Myanmar. In April, by-elections held for 46 parliamentary seats were widely regarded as vital for the country’s transition from half a century of military rule, and a key component of the state’s 2003 “Roadmap to Democracy.” President Thein Sein’s willingness to embrace reform has catalyzed an ease in economic sanctions imposed by the EU, Canada and the US. Mining  Energy  Commodities  Financial Institutions  Corporate  Finance  International Trade Regulation 
  • Shipowners need not give charterers five days to pay
    16/01/2013
    Read more
    The English Commercial Court has recently handed down a judgment that will be welcome news for shipowners operating in the offshore sector, according to Holman Fenwick Willan associate Scott Pilkington and partner Paul Dean. Shipping  Dispute Resolution 
  • Putting on weight
    12/12/2012
    Read more
    Inaccurate container weight declarations continue to create safety and operational issues, putting vessels, other cargo, crew and terminal facilities at risk. Ports & Terminals  Commercial  London 
  • Beyond backyard cover
    11/12/2012
    Read more
    Most businesses purchase property damage insurance to protect against physical damage to their property. Insurance & Reinsurance  Dispute Resolution 
  • The Equator Principles - Worth the Risk
    11/12/2012
    Read more
    The finance sector has endorsed corporate social responsibility through the Equator Principles (EPs) and project developers must be prepared to provide comprehensive evidence of the environmental and social impacts of their proposals when seeking project finance. Mining  Projects  Finance  Corporate  Perth 
  • As far as the eye can see
    26/10/2012
    Read more
    In late August, the US Securities and Exchange Commission (SEC) adopted disclosure and reporting rules for companies engaged in the development of oil, natural gas and minerals (collectively called “extractive industries”). Commercial  Mining  Commodities  USA & Canada  London 
  • From the ground up
    22/10/2012
    Read more
    Port development projects are fraught with risk. Harsh and unpredictable weather patterns and unstable or unsuitable land conditions can keep developers (and their lawyers) awake at night while project costs spiral out of control. Ports & Terminals  Projects  Construction  Dispute Resolution  Commercial  Melbourne  Sydney  Perth  Asia-Pacific 
  • A supporting role
    29/09/2012
    Read more
    The International Maritime Bureau’s Piracy Reporting Centre recently reported a worldwide decline in the number of piracy and armed robbery attacks against ships in the first six months of 2012, with 177 worldwide reported incidents compared with 266 incidents for the corresponding period for 2011. Ports & Terminals  Shipping  Dispute Resolution  Dubai 
  • Legal and regulatory treatment of floating oil and gas vessels needs clarification
    28/09/2012
    Read more
    A question that has long vexed the offshore oil and gas industry is how courts and regulators will treat the various species of floating exploration, production, storage, and offloading vessels. From a legal and regulatory perspective, will these craft be treated in a way similar to that of trading ships, such as tankers? Or will they be regulated as if they were permanent offshore installations, such as wellhead platforms? Energy  Shipping  Dispute Resolution  London  Oil and Gas 
  • Information or intervention?
    28/08/2012
    Read more
    Vessel traffic systems in Australia sit uncomfortably between the regulatory jurisdictions of the Commonwealth and States. While the soon-to-be-enforced Navigation Bill 2012 is intended to mark a new era of better safety outcomes including for privately and publicly owned Australian ports, on closer look there is a mismatch between current operating systems and the International Maritime Organisation’s model for vessel traffic service. Ports & Terminals  Dispute Resolution  Commercial  Melbourne  Sydney  Perth 
  • Revision to the offshore construction policy
    06/08/2012
    Read more
    New international terms of insurance may soon be coming out in the London market which is likely to have a profound effect on any oil and gas company planning construction work in the Middle East moving forward. This will change the product landscape available to energy insurers and brokers active in this area. This is especially relevant to the Middle East given the vast number of energy construction projects currently planned in the region over the next five years. Dispute Resolution  Insurance & Reinsurance  London  Middle East  Energy 
  • Eurozone crisis - expect the unexpected
    26/07/2012
    Read more
    The Eurozone debt crisis has caused the (re)insurance market to consider carefully the consequences of the exit of a Eurozone state from the Euro and a re-denomination into a replacement local currency. Insurance & Reinsurance 
  • Nat cat reminder to market
    16/07/2012
    Read more
    2011 saw an unprecedented sequence of natural catastrophes, including the Christchurch earthquake, the Japanese earthquake and tsunami and the floods in Thailand. In addition to the devastating loss of life and the impact on local communities, these events have also had a significant impact on the global insurance industry. This article will look at the financial impact of these events and consider what lasting effects they may have on the industry in the longer term. Dispute Resolution  Insurance & Reinsurance 
  • Insurance and Reinsurance Issues Arising out of Natural Catastrophes July 2012
    15/07/2012
    Read more
    2011 saw an unprecedented sequence of natural catastrophes including the Christchurch earthquake, the Japanese earthquake and tsunami and the floods in Thailand. In addition to the devastating loss of life and the impact on local communities, these events have also had a significant impact on the global insurance industry with insured losses estimated at more than US$110 billion. In this article, we will consider the immediate financial impact these events have had on the industry, as well as some of the insurance and reinsurance issues that commonly arise in the context of claims resulting from natural catastrophes. Insurance & Reinsurance  London  Paris  Rouen  Brussels  Geneva  Piraeus  Dubai  Shanghai  Hong Kong  Singapore  Melbourne  Sydney  Perth  São Paulo  Alliance Offices  Asia-Pacific  USA & Canada  Dispute Resolution 
  • Impact of wild weather
    13/07/2012
    Read more
    For contractors, developers and their lawyers, port construction projects involve a multitude of construction risks to agonize over. Although most construction contracts seek to address every conceivable eventuality, the risks on port projects are unique as they involve work in harsh weather, unpredictable conditions and on land that may be unstable or unsuitable for normal construction methods. Ports & Terminals  Construction  Dispute Resolution  Projects  Melbourne  Sydney  Perth  Asia-Pacific 
  • Feeding the dragon
    13/07/2012
    Read more
    China has an almost insatiable demand for raw materials to feed its ambitious growth, but can supply keep up? Ports & Terminals  Energy  Projects  Corporate  Finance  Asia-Pacific  Shanghai  Sydney 
  • Advantage Liens
    27/06/2012
    Read more
    The last twelve months have seen liens become a “buzzword” in the maritime industry. With retailers, supply chain managers and ship operators feeling the economic pinch, their service providers are increasingly having to take the difficult decision as to whether they need to take steps to secure any outstanding debts. However, doing so by way of a lien can often raise the stakes. Although a lien is traditionally viewed as a self-help remedy, it can cause more problems and potential liabilities than the debt being secured. Logistics  Dispute Resolution  Shipping  London 
  • A not so private arbitration
    20/06/2012
    Read more
    Without much fanfare, the 11th edition of the key salvage industry standard contract, Lloyd’s Open Form (LOF 2011), was published at the end of last year. It introduced some welcome changes, although several received little publicity. Shipping  Dispute Resolution  London  Africa  Asia-Pacific  Eastern Europe & Russia  Indian Sub-continent  Latin America  Middle East  Scandinavia  USA & Canada 
  • Western Australia Port Development
    19/06/2012
    Read more
    Western Australia has 21 ports, which handled a combined total trade tonnage of approximately 517mt in 2010/11. Ports & Terminals  Projects  Perth  Commodities  Shipping  Asia-Pacific 
  • Federal Court rules that FFA linked ship arrest was not legally justified
    14/06/2012
    Read more
    Federal Court rules that FFA-linked ship arrest was not legally justified Shipping  Dispute Resolution  Finance 
  • Indian Ports: The need for capacity and investment
    29/05/2012
    Read more
    Like many of the dynamic and fast growing world economies, India is taking a close look at ways in which it can develop and expand its ports to cope with increasing demands. Congestion and capacity constraints at some of the key Indian gateways have led to pressure from the shipping industry and customers for the Indian government to open up the sector and develop suitable infrastructure for what is now the world’s third largest economy. Much has already been done. The Indian government is already trying to co-ordinate new port development in key strategic hubs and to encourage private investment to ensure that these key elements of infrastructure allow the country to keep apace with the demands of its economic development. Ports & Terminals  Corporate  Indian Sub-continent 
  • Iran sanctions: is your business exposed?
    29/05/2012
    Read more
    Sanctions remain a hot topic, with additional restrictions imposed by authorities in the US, EU and elsewhere on a regular basis. The penalties for breaching sanctions are severe, and any company which trades with Iran or Syria (or which has customers who do) needs to understand the nature and extent of the current restrictions. Energy  Shipping  London  USA & Canada  Financial Institutions 
  • Bulk Wheat Exports - will the new regime be a toothless tiger?
    10/05/2012
    Read more
    The abolition of the WEA and the wheat export accreditation scheme from October 2012, along with the removal from October 2014 of the requirement for port terminal operators to have in place an access undertaking, will bring about a significant change in the way bulk wheat is exported from Australia. Commodities  Melbourne  Ports & Terminals  Sydney  Perth  Asia-Pacific 
  • Regulatory-overload
    21/04/2012
    Read more
    In December 2011, the European Commission (the Commission) published a proposal to introduce a directive on the award of services and works concession contracts (the Proposed Directive). It is however difficult to assess the impact of the Proposed Directive as it is yet to be finalised, and is likely to be scrutinised by both the European Parliament and the European Council. EU, Competition and Trade Regulatory  International Trade Regulation  London  Brussels 
  • Weighty issues for heavy lift cargoes
    04/04/2012
    Read more
    With major construction projects such as Gorgon and Gladstone continuing to fuel the need for further project cargoes, it is timely to look at some of the legal issues that arise. New reforms to the regulation of Australia’s coastal shipping industry will have an impact. Contractual and insurance issues will continue to feature in the procurement process. Energy  Shipping  Ports & Terminals  Dispute Resolution  Asia-Pacific  Melbourne  Sydney  Perth 
  • Insurance Coverage Issues affecting the Financial Services Industry
    29/03/2012
    Read more
    The last few years have seen a considerable amount of upheaval in the financial services sector: the collapse of Lehman Brothers in September 2008; the discovery of the Bernard Madoff fraud in December 2008; rogue trading at Société Générale and UBS; the liabilities arising from the sale of Payment Protection Insurance, not to mention the effect of the worldwide economic downturn and its impact on the financial services sector. Whilst these (and there are many more not mentioned) are high profile events, there are far more lower profile events that regularly lead to insurance claims and insurance coverage disputes.
  • Take a load off
    26/03/2012
    Read more
    To weigh or not to weigh? That is the question currently under discussion throughout the container shipping industry.
  • Testing times for political violence cover
    14/03/2012
    Read more
    Increased certainty in the insurance and reinsurance industry is the key to helping property owners and businesses mitigate the risks posed by the threat of political violence. Insurance & Reinsurance  Dispute Resolution  Commercial  London 
  • Satellite interference
    27/02/2012
    Read more
    Throughout fifty years of space activities the world has become increasingly dependent on space-based capabilities and applications, the benefits of which have been realised in almost all fields of human activity. In recent years there has been a growing awareness of the risk of collisions in space and of vulnerability of space systems to threats posed by space debris in particular and to a lesser extent by space weather. However, a further threat is the risk of interference in its various forms. This risk, by comparison, has received relatively little attention so far. Space  Insurance & Reinsurance  Dispute Resolution  London 
  • The Commodities Boom - the effect on port infrastructure
    24/02/2012
    Read more
    The rapid growth of world trade combined with the globalisation of the world economy has led to an increase in the demand for commodities. The commodities boom has affected global trade methods despite the effects of the economic down turn. Indeed, the bulk shipping of commodities continues to dominate world trade. Ports & Terminals  Commodities  Construction  London 
  • Ship Pollution Response Organisations - Understanding the new PRC regulations
    10/02/2012
    Read more
    For many years tankers operating in United States waters have retained, on a contractual basis, an Oil Spill Response Organisation to provide clean up services in the event of an oil pollution incident. The People’s Republic of China (“PRC”), since 1 January 2012, now has a similar regime in place for all vessels with gross tonnages greater than 10,000 as well as all tankers carrying oil or other liquid hazardous cargo. Shipping  Shanghai  Dispute Resolution 
  • Chapter 11: Liberation or suspended sentence
    07/02/2012
    Read more
    2011 has seen the insolvency of several shipping concerns. The boards of companies holding tankers and containerships in particular have watched their earnings decline to a level insufficient to service debt, leaving in prospect but one apparent alternative: wholesale repossession, foreclosure and liquidation. Shipping  Finance  Restructuring and Insolvency  London  Piraeus  USA & Canada 
  • Banning ransom payments to somali pirates
    02/02/2012
    Read more
    The payment of a ransom to pirates, to allow them to profit from their criminal conduct, feels wrong on so many levels. So, why is it permitted? Surely, if the payment of ransom was banned, the problem would be solved? Well, wouldn’t it? Shipping  Dispute Resolution  International Trade Regulation  London  Africa  Asia-Pacific  Eastern Europe & Russia  Indian Sub-continent  Latin America  Middle East  Scandinavia  USA & Canada 
  • Madoff and Insurance Coverage
    26/01/2012
    Read more
    Reports of the Madoff fraud in December 2008 led to an influx of insurance notifications on Bankers Blanket Bond (“BBB”)/Crime; Directors’ & Officers’ (“D&O”); Errors and Omissions (“E&O”) and Professional Indemnity (“PI”) policies. Notifications were primarily made on E&O and PI policies, and mainly on behalf of lawyers, accountants and financial institutions. The litigation which ensued has led to a number of important insurance coverage issues: Financial Institutions  Insurance & Reinsurance  London  Dispute Resolution 
  • Nowhere to hide
    10/12/2011
    Read more
    The historic location of ports close to centres of population, often within towns and cities, has somewhat diminished over the years as ports have in many cases migrated downstream to the coast.
  • Nuisance neighbours
    18/11/2011
    Read more
    The historic location of ports close to centres of population, often within towns and cities, has somewhat diminished over the years as ports have in many cases migrated downstream to the coast.
  • Competing concerns
    19/10/2011
    Read more
    In May this year, the biggest global container lines were “dawn raided” by the European Commission at premises across the European Union, under suspicion of conspiring to fix prices and/or capacity on major shipping routes.
  • Developing trends in aviation disaster litigation
    17/10/2011
    Read more
    The need to resolve claims expeditiously and reasonably has rarely been more important than in today’s rates-challenged aviation insurance market. Yet, while there is comfort to be drawn from recent US Federal Court decisions, the broader picture, both in the US and internationally, provides aviation insurers and their legal advisors with significant challenges.
  • Sanctions: Effect on terminal operators
    26/09/2011
    Read more
    International sanctions pose a threat to worldwide ports and terminals.
  • UK Bribery Act
    20/08/2011
    Read more
    Promising an incentive to stevedores to discharge a vessel in a timely manner, giving a bottle of whiskey to a customs official to avoid delays, or offering a large box of cigarettes to a port agent so as to receive special treatment. Activities such as these have always run the risk of falling foul of the criminal laws of the United Kingdom. However, until now, bribery offences under UK Law have been obscure and have lacked clarity.
  • Accident nucléaire et pertes économiques
    15/07/2011
    Read more
    L’accident nucléaire survenu au Japon a des répercussions en France: les entreprises peuvent connaître des pertes financières dues au défaut de livraison de produits. Etude de cas d’une société qui chercherait à obtenir réparation.
  • Return to sender
    15/07/2011
    Read more
    The Bribery Act 2010 came into force on 1 July 2011. Readers will doubtless be aware that the Act creates a number of criminal offences on the payment and acceptance of bribes, this includes a new strict liability offence for failure of a commercial organisation to prevent bribery, subject to a defence of having in place adequate procedures. In this article we seek to address the wider commercial implications of bribery and conviction for an offence under the Bribery Act 2010.
  • Waking up to dawn raids
    28/06/2011
    Read more
    On 17 May, up to a dozen container lines were subjected to unannounced inspections (“dawn raids”) by the European Commission, investigating possible breaches of EU competition rules.
  • Harnessing the wind
    17/06/2011
    Read more
    While the majority of ports worldwide have publicly recognised the importance of “greening” the port industry, integrating sustainability and clean energy into current operations without jeopardising profitability remains a major challenge for port operators.
  • Container liner dawn raids
    31/05/2011
    Read more
    On Tuesday 17 May 2011 the European Commission (the “Commission”) made several unannounced inspections at the premises of companies engaged in “container liner shipping in several member states”, on the grounds that they had “reason to believe” the companies may have breached EU cartel or monopoly-abuse rules, including conspiring to fix prices and/or capacity on major shipping routes. It is to be noted that the carrying out of the “dawn raids” does not mean that the companies are guilty of anti-competitive behaviour.
  • End to gender discrimination
    14/05/2011
    Read more
    The European Court of Justice (ECJ) has found that the pricing of insurance and other financial services on the basis of the sex of the customer amounts to sexual discrimination.
  • A good performance
    11/05/2011
    Read more
    Key performance indicators are used by terminal operators to measure the performance of their terminals and to help maintain a consistent quality of work. Of course, KPIs and how they are measured vary from terminal to terminal and therefore there is a great deal of debate on how they should be used, and if the measurements are an accurate reflection of a terminal’s performance.
  • Dealing in the exclusive
    28/03/2011
    Read more
    Terminal users generally wish to retain as much flexibility to source their terminal requirements elsewhere as is consistent with achieving acceptable rates from terminal operators; terminal users will therefore generally be unwilling to offer exclusivity.
  • Watertight contracting
    22/03/2011
    Read more
    The ease with which many ocean freight agreements were torn up by shippers in 2009, and then by ocean carriers in 2010, suggests that the old adage of ‘my word is my bond’ no longer holds as much water as before.
  • Bridging the gap
    22/02/2011
    Read more
    Prudent port and terminal operators purchase global industrial risks insurance policies which incorporate cover for property damage and any resultant business interruption losses. But the smallprint can contain a host of overlooked limits and liabilities.
  • Containing the ore outbreak
    03/02/2011
    Read more
    The world has, once again, been reminded of China’s massive effect on Australia’s economy with the signing of ten investment, trade and cooperation agreements between the two countries.
  • Concorde Crash
    26/01/2011
    Read more
    On July 25 2000 Concorde crashed shortly after take-off from Roissy Charles de Gaulle Airport in Paris, killing 113 people. On February 2 2010 the long-awaited trial - and battle of experts - began before the Pontoise Criminal Court. The judgment was finally rendered on December 6 2010; however, almost all of the parties involved in this action have now lodged appeals against the judgment.
  • Business interruption insurance: the importance of understanding the cover
    19/01/2011
    Read more
    Business interruption insurance is often a key component of a company’s business continuity plan. The insurance is designed to compensate an insured for the financial impact of the interruption/interference to that business as a result of physical damage to insured property or other key external events, such as damage at a supplier’s or customer’s premises. The intention is to restore the business to the same financial position as if the loss had not occurred, subject always to the terms and conditions of the policy.
  • Carbon Control
    09/12/2010
    Read more
    Climate change may have been pushed off the public’s agenda in recent months but, regardless of its visibility, this issue continues to develop and have its impact on a number of economic sectors.
  • Sorry, your search returned no results

The right content

Search for content Clear search

Latest News