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Briefings

Published on an ad hoc basis, usually when there is a significant event, legislative change or court judgment which we feel is important to update our clients and contacts about.

Briefings

  • American seaman: Ward of the Admiralty Court, but sometimes subject to arbitration, August 2017
    17/08/2017
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    In Dahir v Royal Caribbean Cruises Ltd.1 a federal district court in the Southern District of Texas recently granted a motion to compel arbitration against an American Jones Act seaman. It found that because the seaman’s employment agreement envisaged performance abroad — meaning in international waters between ports at foreign states — arbitration was mandatory. Travel, Cruise & Leisure  Shipping  Dispute Resolution  Houston 
  • Sanctions update: Increased sanctions on Russia, Iran and North Korea, August 2017
    14/08/2017
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    On Wednesday 2 August 2017 President Trump signed into law the “Countering America’s Adversaries Through Sanctions Act”1 (the Act) which tighten US sanctions against Russia, Iran and North Korea. The United Nations Security Council partially followed suit on Saturday 5 August 2017 by voting to strengthen sanctions on North Korea for its long range ballistic missile testing. USA & Canada  International Trade Regulation  EU, Competition and Trade Regulatory 
  • Hong Kong Apology Ordinance reinforces the SAR’s status as a dispute resolution hub, August 2017
    11/08/2017
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    Hong Kong is the first country in Asia to enact apology legislation, following the 21 July 2017 publishing of the Apology Ordinance in the HKSAR Gazette. This reinforces Hong Kong’s status as an attractive jurisdiction for dispute resolution. Aviation  Dispute Resolution  Hong Kong 
  • Texas Federal Court Dismisses 30 Month Late Hail Damage Claim, August 2017
    07/08/2017
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    In Certain Underwriters at Lloyd’s of London v Lowen Valley View LLC1, the Insured attempted to bring counterclaims against Underwriters for breach of contract and Texas Insurance Code violations. The Honorable Jane Boyle, US District Judge for the Northern District of Texas, granted summary judgment in favor of Underwriters on all claims and dismissed them with prejudice. Judge Boyle’s decision was based, in part, on the Hamilton Opinion in which the Fifth Circuit affirmed Judge Boyle’s grant of summary judgment in favor of an insurer on the insured’s breach of contract and extra-contractual claims.2 Insurance & Reinsurance  Houston  USA & Canada 
  • U.S. Fifth Circuit Holds that Insurer was Prejudiced by Unreasonably Late Notice, May 2016
    07/08/2017
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    In Hamilton Properties v. American Insurance Company, No. 15-103821, the Fifth Circuit affirmed the holding of the district court granting summary judgment to the insurer on the insured’s breach of contract and extra-contractual claims. Insurance & Reinsurance  Houston  USA & Canada 
  • A Supreme judgment that’s fit for purpose, August 2017
    04/08/2017
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    The Supreme Court handed down its unanimous judgment in MT Højgaard A/S v E.ON1 on the 3 August. The case concerns liability for €26.5 million of works to rectify defects in foundations at E.ON’s Robin Rigg wind farm in the Solway Firth, which were designed and built by MT Højgaard A/S (MTH). Energy  Construction 
  • Countering America's Adversaries Through Sanctions Act, August 2017
    31/07/2017
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    On Thursday 27 July, the US Senate passed the Countering America's Adversaries Through Sanctions Act, H.R. 3364 almost unanimously (98 to 2). If formally signed into law by the President, the Bill will tighten sanctions against Russia, Iran and North Korea. President Trump has indicated that he will sign the Bill, but only after negotiating critical elements of it with US Congress. The Bill looks likely to become US law, given its majority support from Congress. USA & Canada 
  • Deepwater well intervention – regulatory and risk allocation issues, July 2017
    24/07/2017
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    HFW USA Partner Glenn Legge addresses regulatory and risk allocation issues impacting deepwater well intervention at the Deepwater Intervention Forum on 8-10 August 2017 in Galveston, Texas. Energy  Oil and Gas  Houston 
  • Maritime Autonomous Surface ships - the rise of the machine, July 2017
    20/07/2017
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    In our April 2017 briefing, we discussed the rise of autonomous technology at sea; one month later we saw Yara and Kongsberg announce their partnership to build world’s first autonomous and zero emissions ship. The operation of the vessel YARA BIRKELAND1 is planned to start in the latter half of 2018. Shipping 
  • Direct actions against insurers - floodgates now open? July 2017
    14/07/2017
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    In a decision with significant implications for P&I Clubs and other insurers, the European Court of Justice has set aside a jurisdiction agreement in an insurance policy and allowed a claimant to bring its action directly against the insurer. Shipping  Insurance & Reinsurance 
  • Hong Kong case law update: Hong Kong Court examines the scope of its jurisdiction to wind-up foreign companies, July 2017
    14/07/2017
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    The Hong Kong Court of First Instance (CFI) has issued a judgment1 examining the instances in which the Hong Kong courts will exercise their jurisdiction to wind-up a foreign company. Hong Kong  Shipping 
  • The Repeal Bill and Beyond, July 2017
    14/07/2017
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    Following the House of Commons vote on 29 June, we now know the government's focus in terms of legislation to be prioritised in light of Brexit. EU, Competition and Trade Regulatory 
  • New Bimco Cyber Security Guidelines, July 2017
    06/07/2017
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    Cyber security has been a recurring theme in maritime publications and industry conferences over recent years. At one end of the spectrum are those who have dismissed it as the latest "millennium bug" whilst commentators at the other extreme raise the possibilities of malicious actors taking over vessel operations. Whatever your views on cyber security, the recent ransomware attack shows that the shipping industry is not immune and that issues of cyber security need to be taken seriously. Shipping  Insurance & Reinsurance 
  • Singapore High Court has power to alter priorities between maritime claimants, July 2017
    04/07/2017
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    In a recent landmark judgment, the Singapore High Court has ruled that it has the power to alter priorities between maritime claimants in “exceptional circumstances”. Shipping 
  • Sulphur emissions in the Baltic Sea: two years on, June 2017
    30/06/2017
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    As many readers will know, since 1 January 2015 vessels operating in the Baltic Sea have had to comply with sulphur oxide (SOx) emissions limits. As an Emissions Control Area (ECA) along with the North Sea, North American coastline and Caribbean, vessels operating in the Baltic Sea are obliged to burn bunkers with a maximum of 0.10% m/m SOx content under regulation 14 of the IMO’s MARPOL Annex VI. Shipping 
  • Third Party Funding Bill: legislative change bolsters Hong Kong's standing in international arbitration space, June 2017
    22/06/2017
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    On 14 June 2017, the Hong Kong Legislative Council passed the Arbitration and Mediation Legislation (Third Party Funding) (Amendment) Bill 2016 (the 2016 Bill), which, amongst other things, puts beyond doubt that third party funding of arbitration and mediation is permissible under Hong Kong law. The 2016 Bill is expected to enter force later this year. Hong Kong  Asia-Pacific  Dispute Resolution  Finance 
  • The Qatari restrictions: implications for arbitration, June 2017
    22/06/2017
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    Much has been written about recent events in the Middle East and how the restrictions imposed on Qatar may impact specific industry sectors. In this briefing, we consider the effect of the current restrictions on a topic relevant to all sectors, but one that has not attracted much commentary to date – arbitration. Dispute Resolution  Middle East  Dubai  Kuwait  Beirut  Riyadh 
  • Are you entitled to payment under your contract: have you dotted your 'i's and crossed your 't's? June 2017
    21/06/2017
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    The general principles of contractual interpretation are easy to state, but the application of such principles appears to be deceivingly simple, given the recent string of differing English decisions that demonstrated the various judicial approaches to contractual interpretation. Energy  Oil and Gas  Shipping 
  • The Qatari restrictions: implications for the commodities sector, June 2017
    15/06/2017
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    As is well known, between 5 and 6 June 2017, eight countries severed diplomatic ties with the State of Qatar. Commodities  Middle East 
  • The Qatari restrictions: implications for the construction sector, June 2017
    14/06/2017
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    Recent events in the region raise certain considerations for employers, contractors and consultants involved in construction projects in Qatar. We take a brief look at some of the issues likely to affect construction in Qatar in the near future. Construction  Middle East 
  • Brexit negotiations begin now: business must prepare, 9 June 2017
    09/06/2017
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    The votes have been counted and the Conservatives, who failed to maintain a majority, remain the largest party. Theresa May has confirmed that she will continue as Prime Minister and has this afternoon been invited by the Queen to form a government, working with Northern Ireland’s Democratic Unionist Party. EU, Competition and Trade Regulatory 
  • Le restrizioni imposte sul Qatar e le implicazioni nel settore marittimo, Giugno 2017
    08/06/2017
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    Lo scorso 5 giugno, l’Arabia Saudita, gli Emirati Arabi Uniti, il Bahrein e l’Egitto hanno interrotto i rapporti diplomatici con lo Stato del Qatar. Secondo quanto riportato, ai paesi uniti contro il Qatar si sono aggiunti anche lo Yemen, il governo delle regioni orientali della Libia e le Maldive. Shipping  Middle East 
  • The Qatari restrictions: implications for the shipping sector, June 2017
    06/06/2017
    Read more
    On 5 June 2017, Saudi Arabia, the UAE, Bahrain and Egypt severed diplomatic ties with the State of Qatar. Reports indicate that the move against Qatar is also supported by Yemen, a secondary government in Libya and the Maldives. Shipping  Logistics  Middle East 
  • The Iran deal: challenges ahead, June 2017
    05/06/2017
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    On the campaign trail it was described as “the dumbest deal ever” and that “horrible, disgusting, absolutely incompetent deal with Iran” by President Trump. Even though this rhetoric has been toned down slightly since Trump took office, there are concerns that the Iran nuclear deal in its current form now hangs in the balance. So what are the potential threats to the survival of the deal: can businesses confidently do business in Iran and what should they be doing to protect their interests? Middle East  USA & Canada 
  • Putting privilege behind bars: legal privilege in criminal investigations, June 2017
    31/05/2017
    Read more
    The High Court narrows the application of legal professional privilege, rejecting the argument that internal investigation documents are privileged against regulators, such as the Serious Fraud Office (SFO). Commercial  Dispute Resolution 
  • US House of Representatives passes bill to impose new sanctions on North Korea, May 2017
    30/05/2017
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    On Thursday 4 May 2017 the House of Representatives of the United States voted overwhelmingly in favour of a bill that would extend the scope of the US sanctions programme against North Korea. The proposed new sanctions target the shipping, aviation, insurance and financial service industries in particular. The bill will become law if also passed by the United States’ Congress and approved by President Trump. USA & Canada  Asia-Pacific  International Trade Regulation 
  • Brazilian Supreme Court ruling on the application of international conventions on carriage by air, May 2017
    26/05/2017
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    On the 25 May in Brasília, the Brazilian Supreme Court (STF) decided two cases which raised the question of whether a consumer dispute involving international carriage by air should be resolved by reference to the relevant international conventions to which Brazil is party to (for example, the Warsaw Convention 1929 and the Montreal Convention 1999) or whether any such disputes have to be resolved solely by reference to the Brazilian Consumer Defence Code (CDC). Aviation  São Paulo  Latin America 
  • Set-off under the UAE Insolvency Law, May 2017
    24/05/2017
    Read more
    The new United Arab Emirates (UAE) Insolvency Law (Federal Law No.9 of 2016) (Insolvency Law) was published in the UAE Gazette on 29 September 2016 and came in to force three months later on 29 December 2016. The Insolvency Law is a federal law that applies to all seven emirates comprising the UAE. The initial view from market participants is that by replacing the old insolvency law, which placed a greater emphasis on creditor protections and formal bankruptcy proceedings alongside criminal penalties, the Insolvency Law is an overdue but welcome development. Finance  Middle East  Dubai 
  • First oil and gas licensing round: the future of oil and gas in Lebanon, May 2017
    17/05/2017
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    With more than 100 trillion cubic feet of recoverable natural gas in the East Mediterranean Sea, the Levant Basin is a new attractive area for the oil and gas industry. In particular in Lebanon, the Government is actively committed to developing the oil and gas sector and has gained some momentum in its work to exploit the reserves. In 2012, the Lebanese Petroleum Administration (LPA) was established as a regulatory body in charge of managing the petroleum sector and putting in place the petroleum activities regulations required to launch the first Lebanese offshore licensing round. Energy  Oil and Gas 
  • Cyber security – the increasing threat to your business, May 2017
    15/05/2017
    Read more
    At the last count, it was estimated that Friday’s cyber attack impacted upon 200,000 victims in at least 150 countries. The attack used “WannaCry” malware to disable computer systems and present users with a ransom demand. The systems which suffered the attacks are said to have been vulnerable as they were operating outdated legacy software and because security upgrades had not been properly installed. At the time of writing this article, there is concern that the actual scale of this attack may not yet be known. Shipping 
  • The OCEAN VICTORY – l'ultima parola dei giudici in merito alla sicurezza del porto di Kashima, Maggio 2017
    15/05/2017
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    Più di dieci anni dopo l'affondamento e la conseguente perdita totale della OCEAN VICTORY nel porto giapponese di Kashima, l'ultima parola sulla sicurezza del porto ai sensi del charterparty è stata data dalla Suprema Corte lo scorso 10 maggio. Ribadendo la decisione della Corte d'Appello, la Suprema Corte ha ritenuto all’unanimità che il porto di Kashima non fosse "unsafe" e che non vi fosse alcuna violazione della garanzia di porto sicuro (“safe port warranty”) da parte dei noleggiatori. La corte ha analizzato anche come le disposizioni sulla copertura assicurativa contenute nel contratto di noleggio a scafo nudo incidano sui diritti delle parti, nonché la possibilità, in capo al noleggiatore a tempo, di limitare la sua responsabilità. Shipping 
  • Recovering exchange rate losses in a post-Brexit economy, May 2017
    15/05/2017
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    Many of our clients are working hard to manage the impact of fluctuating currency rates on their business. This has become a particular challenge in the wake of the UK’s decision to leave the EU in June 2016. Two recent, and apparently conflicting, decisions in the English High Court mean that the position remains unclear whether it is possible for non-UK litigants to recover currency exchange losses on legal fees paid in pounds sterling. However, some lessons can be drawn from the judgments and until a higher court resolves the conflict, our view is that it is still worth claiming for currency exchange losses. Dispute Resolution  EU, Competition and Trade Regulatory  Eastern Europe & Russia 
  • The OCEAN VICTORY – the final word on the safety of Kashima Port, May 2017
    11/05/2017
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    More than 10 years after the grounding and subsequent total loss of the OCEAN VICTORY at Kashima port Japan, the final word on the safety of the port was given by the Supreme Court on 10 May 2017. Affirming the Court of Appeal decision1, the Supreme Court unanimously found that Kashima Port was not unsafe and that there was no breach of the safe port warranty by the charterers. The court went on to consider the insurance provisions in the demise charter and how they affect the rights of parties and issues relating to the limitation of liability. Insurance & Reinsurance  Shipping 
  • More of the same but better: the new LMAA Terms 2017, April 2017
    28/04/2017
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    The LMAA Terms 2017 (the 2017 Terms) come into force on 1 May 2017. The LMAA committee have taken a light touch approach to adapting the 2012 Terms and the changes highlight the LMAA's continuing efforts to target efficiency and cost-effectiveness, while keeping the key features which have maintained the popularity of LMAA arbitration in the maritime industry. Shipping  Dispute Resolution 
  • The 457 visa: being removed, reinvented or reborn? May 2017
    26/04/2017
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    On 18 April 2017, the Turnbull government announced that the 457 visa will be removed and replaced by a new scheme for skilled migrants. The changes are intended to “better meet Australia’s skills needs” and provide safeguards that prioritise Australian workers. The changes envisage a phasing out of the 457 visa by March 2018 and its replacement with the Temporary Skills Shortage (TSS) visa. Shipping  Employment  Australia  Asia-Pacific 
  • Autonomy at sea – the future? April 2017
    25/04/2017
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    Maritime Autonomous Systems (MAS) technology in the marine and oil and gas sector has advanced rapidly in the last 20 years. Indeed a report prepared by the energy consultants, Douglas-Westwood1, suggests the demand for autonomous underwater vehicles (AUVs) is expected to grow by 49% in the next four years. The military sector will remain the greatest user of AUVs (73% of total demand), however, the commercial sector, including oil and gas, is expected to see the greatest growth in usage. Shipping 
  • Corporate governance under the spotlight, April 2017
    24/04/2017
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    Recent scandals affecting businesses in the UK have put the spotlight on corporate governance and Theresa May has made it clear she intends to crackdown on unacceptable boardroom behaviour. A recent report published by the Business, Energy and Industrial Strategy Committee1 suggests that the current law does not require revision but a number of measures are being recommended including a voluntary code of corporate governance for large private companies, which have hitherto not been subject to the UK Corporate Governance Code that applies to listed companies. Corporate  Eastern Europe & Russia  London 
  • Devoir de vigilance des groupes de sociétés, Avril 2017
    24/04/2017
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    La loi n° 2017-399 du 27 mars 2017 a inséré plusieurs dispositions nouvelles dans le Code de commerce, imposant un devoir de vigilance aux sociétés mères ainsi qu’aux entreprises donneuses d’ordre. Corporate 
  • Fifth Circuit scrutinizes seaman exemption to FLSA overtime requirements, April 2017
    21/04/2017
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    US Fifth Circuit reverses summary judgment in favor of employer in overtime wage case involving a vessel-based offshore worker under the Fair Labor Standards Act—Marine employers should rely on the definitions of “seaman” developed under FLSA cases and related Department of Labor Regulations instead of definitions developed in Jones act personal injury litigation. Shipping  USA & Canada  Energy  Houston 
  • English court reviews the “fraud unravels all” principle in enforcement of CIETAC arbitration award, April 2017
    21/04/2017
    Read more
    In Sinocore International Co. Ltd. v RBRG Trading (UK) Limited1, HFW, acting for Sinocore International Co. Ltd (the Seller), successfully argued that a foreign arbitral award should be enforceable in England notwithstanding the allegations made by RBRG Trading (UK) Limited (the Buyer) that the relevant transaction had been ‘tainted’ by fraud and was therefore unenforceable on the grounds of public policy. Dispute Resolution  Commodities  Asia-Pacific 
  • Courting construction: the new Technology & Construction Division of the DIFC Courts, April 2017
    20/04/2017
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    The DIFC Courts are proposing to increase and improve their existing offering by establishing a new, specialist Technology & Construction Division (TCD). Construction  Dispute Resolution  Middle East  Dubai 
  • USAA Texas Lloyds Company v. Gail Menchaca - Clarifying the relationship between an insured’s contract and statutory bad faith claims. Or does it? April 2017
    19/04/2017
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    On April 7 2017, the Texas Supreme Court issued its opinion in USAA Texas Lloyds Co. v Menchaca in an attempt to fulfill its “duty to settle the conflicts” created by confusion surrounding its prior decisions involving an insured’s various claims against its insurance company. The issue before the Court was whether an insured can recover policy benefits based on a jury finding that the insurer violated the Texas Insurance Code when the violation resulted in a loss of benefits that the insurer should have paid, even though the jury found that the insurer did not fail to comply with the policy. Insurance & Reinsurance  Houston 
  • Article 257 of the UAE Penal Code:
    a law of unintended consequences for arbitration, April 2017

    05/04/2017
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    Since their appearance last year, the amendments to Article 257 of the UAE Penal Code have caused alarm amongst arbitration professionals working in the UAE.
    We take a fresh look at the potential implications of Article 257; what it means for parties, arbitrators and experts; and how they may be able to protect themselves against liability.
    Dispute Resolution  Middle East  Dubai 
  • Regulation (EC) 261/2004 litigation: claim agencies in the crosshairs of the European Commission, April 2017
    03/04/2017
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    As massive litigation has stemmed from the Regulation (EC) 261/2004, establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, claim agencies have decided to step into what they consider a new, and lucrative, market to offer management services of claims for compensation. Aviation  EU, Competition and Trade Regulatory 
  • Troubled waters: EMAS and Ezra Holdings Chapter 11 Bankruptcy – dealing with the fallout, March 2017
    28/03/2017
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    The latest victims of the prolonged downturn in the offshore, marine and oil and gas sectors, Singapore-based Ezra Holdings and EMAS, have sought Chapter 11 protection with the US bankruptcy courts. Whilst it is as yet unclear whether these companies will “go under”, this briefing sets out the latest events and key issues affecting operators who may find themselves dealing with counterparties in similar insolvency proceedings and financial difficulties. Shipping  Oil and Gas  Energy  Singapore  Asia-Pacific 
  • DIAC to change its default seat of arbitration, March 2017
    28/03/2017
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    The Dubai International Arbitration Centre (DIAC) is proposing to change the default of seat of arbitrations conducted under its rules of arbitration to the Dubai International Financial Centre (DIFC). The move is intended to take advantage of the pro-arbitration approach adopted by the DIFC courts and the DIFC’s international-standard arbitration law. It is a further step by DIAC to position itself as the arbitral institution of choice in the region and cement Dubai’s reputation as a Middle East arbitration hub. Dispute Resolution  Dubai  Middle East 
  • Indonesia ratifies Montréal Convention 1999, March 2017
    27/03/2017
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    On 20 March 2017, Indonesia deposited its instrument of accession to the Convention for the Unification of Certain Rules for International Carriage by Air, Montréal, 28 May 1999 (MC99) with the International Civil Aviation Organisation (ICAO) in Montréal (please click here to see tweet from the Indonesia Embassy in Ottawa). MC99 is expected to come into force formally in Indonesia on 19 May 2017. This development has come off the back of significant lobbying of the Indonesia State by the International Air Transport Association (IATA) who continue to push for global ratification and adoption of MC99. Aviation  Asia-Pacific 
  • Reforming Australia's Coastal Shipping Regime, March 2017
    21/03/2017
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    The Australian Government has today released the Coastal Shipping Reforms Discussion Paper. The Minister's accompanying message is that the Australian Government is committed to coastal shipping reform and recognises that the current regulatory regime does not support the full potential coastal shipping has for Australia's economy. Shipping  Australia 
  • The 2013 Nordic Marine Insurance Plan four years on: A comparison with ITC, DTV/ADS, March 2017
    17/03/2017
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    In 2013, The Nordic Marine Insurance Plan (NMIP) was published, replacing the Norwegian Marine Insurance Plan of 1996. It dates back to 1871 and it has over the years been frequently updated and adapted, notably in 1964 and 1996. A permanent Standing Revision Committee, which since 1964 has been chaired by a professor in marine insurance law at the Nordic Institute of Maritime Law in Oslo, is responsible for proposing changes to the NMIP. The current version of the NMIP 2013 is from 2016 and a new version will be adopted in 2019. Shipping  Insurance & Reinsurance 
  • Can root cause analysis reports and witness statements be protected from discovery? March 2017
    14/03/2017
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    In our experience, more and more safety conscious businesses have established written policies and procedures that require an investigation and analysis of the root causes of an incident involving personal injury or property damage. Incidents occurring in connection with business operations, that are not caused by uncontrollable factors such as tropical storms, are generally considered to be the consequence of human errors. In addition to work stoppages or delays and the associated economic losses, damage to safety records, and potential loss of prospective business opportunities, on-the-job incidents often lead to permanent life-changing disabling injuries or loss of life for which the company could face civil liability. Insurance & Reinsurance  Employment  Houston 
  • Shell, BHP Billiton, SCOR Insurance and Holman Fenwick Willan address the status of financial assurance requirements for decommissioning in the GOM – onward through the fog, March 2017
    08/03/2017
    Read more
    BOEM's recent attempt to increase the financial assurance obligations for decommissioning created substantial burdens for operators struggling in a challenging commodity market. NTL No. 2016-N01 has had many financial impacts, including: Energy  Oil and Gas 
  • Indonesia what's new - regulatory developments in mining, March 2017
    02/03/2017
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    The Indonesian government has promulgated the following new mining regulations: Asia-Pacific  Mining  Energy  EU, Competition and Trade Regulatory 
  • HFW successfully upholds in Court of Appeal important first instance judgment of Males J on inducement, March 2017
    02/03/2017
    Read more
    AXA Versicherung AG (successor to Albingia) v Arab Insurance Group (B.S.C.) Insurance & Reinsurance  Dispute Resolution  Construction  Energy 
  • Indonesia – what’s new? Moving cost recovery to gross split system in the upstream oil and gas sector, March 2017
    01/03/2017
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    The Indonesian government (State) introduced the new gross split system in production sharing contracts (PSC). The new system stipulates the production sharing split between the State and the contractors up front on approximately a 50:50 basis. This percentage split will be subject to further uplift as generally set out in this briefing. For further clarification, please contact Brian Gordon or Eviaty Jenie. Oil and Gas  Asia-Pacific  Energy  Singapore 
  • Article 1161 du nouveau code civil : de nouvelles contraintes à prendre en compte pour la gestion des groupes de sociétés, Mars 2017
    01/03/2017
    Read more
    L’ordonnance n°2016-131 du 10 février 2016 entrée en vigueur le 1er octobre 2016 a introduit de nouvelles dispositions en matière de représentation. L’article 1161 du Code civil énonce ainsi que “un représentant ne peut agir pour le compte de deux parties au contrat ni contracter pour son propre compte avec le représenté. En ces cas, l’acte accompli est nul à moins que la loi ne l’autorise ou que le représenté ne l’ait autorisé ou ratifié.” Corporate 
  • Brexit considerations for aviation: Are the skies becoming any clearer? February 2017
    27/02/2017
    Read more
    A great deal was written in the immediate aftermath of last June’s referendum result as to the potential impact of Brexit on aerospace interests in the UK and how the future regulatory landscape might look. Aviation 
  • Company reporting requirements, February 2017
    21/02/2017
    Read more
    An overview of the duty to report on payment practices and performance Corporate  Commercial 
  • New UAE Federal Law on pledges of property and moveables, February 2017
    21/02/2017
    Read more
    In December 2016, Federal Law No. 20 of 2016 on the pledge of moveables as security for debts was issued and is stated to come into force 90 days from the date of publication. This is expected to fall on or around 12 March 2017 (the New Pledge Law). Commodities  Finance 
  • Investment Funds Update, February 2017
    20/02/2017
    Read more
    In the wake of the Brexit referendum, Theresa May and others in the UK business community adopted the slogan “open for business”. Proposed changes to UK partnership law, amongst other initiatives, suggest that the UK government is putting its money where its mouth is. Corporate 
  • NOTAM: Hong Kong aviation legal developments in focus, January 2017
    09/02/2017
    Read more
    Kung Hei Fat Choy and Gong Xi Fa Cai! Aviation  Asia-Pacific  Hong Kong 
  • UK Government moves to tackle sanctions breaches, February 2017
    07/02/2017
    Read more
    From April 2017, the UK Office of Financial Sanctions Implementation (OFSI) will be able to impose civil monetary penalties for breaches of trade sanctions, in a move which appears likely to result in increased enforcement in the UK against sanctions breaches. Financial Services Regulation  Financial Institutions  Commercial 
  • Between the devil and the deep blue sea: stacking now and the unknown future, February 2017
    07/02/2017
    Read more
    Offshore in focus: our Singapore and Houston team bring you the first in a series oil and gas articles, focussing on offshore vessels and rigs. Oil and Gas  USA & Canada  Singapore  Energy 
  • Judicial Public Interest Agreement (Convention judiciaire d’intérêt public – CJIP) and Liability Insurance: the impact of the Sapin II Law on D&O insurers and policyholders, February 2017
    03/02/2017
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    The French legislator acted on stem criticism of its failure to fight against corruption by adopting the Sapin II Law, enacted on 9 December 2016. This sets out an innovative criminal sanction, the ‘compliance programme’, and introduces the Judicial Public Interest Agreement (CJIP) into France’s punitive system. Insurance & Reinsurance 
  • Convention Judiciaire d’Intérêt Public (CJIP) et assurances de responsabilité : De l’impact de la loi Sapin II pour les assureurs D&O / RC et leurs assurés, Février 2017
    03/02/2017
    Read more
    Accusé jusqu’à alors d’inertie en matière de lutte contre la corruption, le législateur français a réagi en adoptant la loi Sapin II, promulguée le 9 décembre 2016, qui prévoit une sanction pénale innovante, la “peine de programme de mise en conformité”, et introduit dans le dispositif répressif français la “Convention Judiciaire d’Intérêt Public” (CJIP). Insurance & Reinsurance 
  • Executive order of January 27 2017 and its effect upon crewing of vessels calling in the US, February 2017
    01/02/2017
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    Amid protests across multiple US airports, the firing of the acting US Attorney General Yates, President Trump’s recent executive order banning entry into the US from seven Middle Eastern countries has been controversial to say the least. For the maritime industry, President Trump’s executive order creates uncertainty and raises practical concerns about crewing vessels calling in the US. Shipping  Ports & Terminals  Houston  USA & Canada 
  • Right to disconnect: what impact on companies? January 2017
    26/01/2017
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    On 1 January 2017, the employment law dated 8 August 20161 related “to work, to the modernisation of the labour relations and the securing of professional life” entered into force. This new regulation requires companies employing more than 50 employees to start negotiations with the employees’ representative bodies in order to define the rights of employees to disconnect, to ‘forget’ about their smart phones and other equivalent devices out of working hours. What are the concrete consequences for employers? Corporate  Employment  Paris 
  • Enforcement against foreign states – new rules on immunity following the Loi Sapin 2, January 2017
    26/01/2017
    Read more
    The Loi Sapin 2 has amended the rules on the immunity of foreign States by creating new conditions for the obtaining of preliminary measures and the recovery of debts. Paris  Energy  Africa  Construction 
  • Les nouvelles règles en matière d'immunité d'exécution des Etats étrangers suite à la Loi Sapin 2, Janvier 2017
    25/01/2017
    Read more
    La Loi Sapin 2 est venue modifier les règles relatives à l’immunité d’exécution des Etats étrangers devant les juridictions françaises en créant de nouvelles conditions liées à l’obtention de mesures conservatoires et d’exécution forcée à l’égard de ces Etats. Paris  Energy  Construction  Africa 
  • Parliamentary Sovereignty Supreme: UK government still on target for Article 50 Brexit trigger before the end of March
    24/01/2017
    Read more
    In this briefing we discuss the Supreme Court's judgment on Tuesday 24 January 2017, which upheld the High Court's ruling requiring an Act of Parliament to trigger Article 50 of the Treaty of the European Union (TEU, the Lisbon Treaty), the mechanism which starts the two year period for negotiating the UK's exit from the EU. EU, Competition and Trade Regulatory  London 
  • No grounds to review non-jurisdictional adjudicator errors, January 2017
    12/01/2017
    Read more
    A full bench of the New South Wales Court of Appeal (the Court) has unanimously affirmed that an adjudication determination made under the Building and Construction Industry Security of Payment Act 1999 (NSW) is not subject to judicial review on the grounds of non-jurisdictional error: Shade Systems Pty Limited v Probuild Constructions (Aust) Pty Ltd (No. 2) [2016] NSWCA 379. Construction  Australia 
  • Singapore introduces funding for arbitration cases, January 2017
    12/01/2017
    Read more
    Here we provide an update on a significant law passed by the Singapore parliament this week, which will dramatically alter and improve the legal/arbitration landscape in Singapore in respect of third party funding. Dispute Resolution  Singapore  London 
  • Delayed or cancelled flights in China – a new Regulation to affect all carriers, December 2016
    19/12/2016
    Read more
    Air travel disruption in China due to flight delays or cancellations – and the need for better consumer protection – has attracted increasing attention. In 2015, the average delay time of passenger flights in China was 21 minutes, up by 2 minutes on a year-on-year basis1. In response to this, the “Provisions on the Management of Flight Regularity” (Regulation), was issued by the Ministry of Transport of the People’s Republic of China and will come into operation on 1 January 2017. Aviation  Asia-Pacific 
  • Volcafe Ltd v Compania Sud Americana de Vapores SA (T/A CSAV), December 2016
    14/12/2016
    Read more
    In what has been treated as something of a test case due to the relatively small amounts at stake (around US$62,500), the Court of Appeal has now helpfully confirmed what some considered to be the commonly held view that a carrier does not need to first disprove any negligence on his part in order to rely on its defences under Article IV Rule 2 of the Hague Rules – in this particular case, the inherent vice defence. Space 
  • More about maritime claims and maritime liens in Australia, December 2016
    14/12/2016
    Read more
    After the SAM HAWK decision in September 2016 restored the status quo in the recognition of foreign maritime liens in Australia (see our briefing http://www.hfw.com/Arrest-of-the-SAM-HAWK-October-2016) two Federal Court decisions in November 2016 bring the year towards a close with the Federal Court’s jurisdiction and application of the Admiralty Act being confirmed on established and predictable grounds. Shipping  Australia 
  • Amendments to the Construction Contracts Act 2004 (WA) come into effect, December 2016
    14/12/2016
    Read more
    If you are a keen student of infrastructure and construction, this December 15 you will be celebrating the 100th anniversary of the opening of the Great Northern, Piccadilly and Brompton Railway in London. It is hard to imagine it now but at the time the line was a flop; in its first twelve months of operation it carried just half of the projected passengers. Of course, construction industry participants in Perth, Western Australia probably won’t get excited about the centenary of a failed railway tunnel on the other side of the planet this December. But they might get excited about the latest local development; the operation of the amendments to the Construction Contracts Act 2004 (WA) (Act). Construction  Australia 
  • First director disqualification for a breach of competition law obtained in the UK, December 2016
    12/12/2016
    Read more
    Action taken by the Competition and Markets Authority (CMA) that resulted in a company director being disqualified highlights the importance of company directors understanding competition law principles. EU, Competition and Trade Regulatory 
  • Cyber security – time to change the locks? December 2016
    12/12/2016
    Read more
    The EU's Directive on Security of Network and Information Systems1 (the NIS Directive) obliges Member States to improve national cyber security and reporting. In addition to obligations imposed on digital service providers, the NIS Directive also imposes obligations on businesses defined as "operators of essential services" which could include ports, terminals, airports and banks as well as other businesses in energy, transport, health, IT, telecommunications, water, food and finance. EU, Competition and Trade Regulatory 
  • Case update: cross-border insolvency, November 2016
    29/11/2016
    Read more
    In The Joint Provisional Liquidators of BJB Career Education Company Limited (In Provisional Liquidation) v Xu Zhendong1, the Court of First Instance considered the Hong Kong courts' common law powers to recognise and assist foreign courts and insolvency practitioners overseeing non-Hong Kong insolvency proceedings. Hong Kong  Dispute Resolution 
  • UK Government to enact Order increasing the limits of liability under the 1996 Protocol to the Convention on Limitation of Liability for Maritime Claims 1976, November 2016
    25/11/2016
    Read more
    On 19 April 2012, the Legal Committee of the International Maritime Organization (IMO) agreed to amend the limits under the 1996 Protocol to the Convention on Limitation of Liability for Maritime Claims 1976 (LLMC 1976), and in many Contracting States the revised limits entered into force on 8 June 2015 under the tacit acceptance procedure. However, this was not the case in England. Shipping  London 
  • EU electronic signature regulation, November 2016
    23/11/2016
    Read more
    The eIDAS Regulation1, directly effective in EU Member States, aims to ensure that electronic measures, such as e-Signatures and e-Seals, are mutually recognised between Member States and have the same legal status and validity as their traditional paper-based equivalents. The Regulation is one of the 12 initiatives proposed in the Commission’s Single Market Act Communication of 20112. As explained below, the impact of the Regulation will depend on the uptake of Qualified Electronic Signatures, which are equivalent to handwritten signatures and must be recognised in all EU Member States EU, Competition and Trade Regulatory 
  • Third party funding costs in arbitration proceedings: developments in Singapore and the Singapore perspective on a key English judgment, November 2016
    21/11/2016
    Read more
    At present, Singapore law generally prohibits third party funding in litigation or arbitration. However, this looks set to change. Dispute Resolution  Asia-Pacific  Singapore  London  Eastern Europe & Russia 
  • The Corporate Veil, porous or impenetrable? November 2016
    16/11/2016
    Read more
    The leak of the “Panama Papers” in April 2016 led to a great deal of interest in the ownership structures behind many companies. It could be assumed that in the light of the additional information becoming easily available it would be more likely that there would be a flurry of cases attempting to “pierce the corporate veil.” The reality is that three recent decisions have highlighted that the Courts will not easily be persuaded. Shipping  Dispute Resolution 
  • Indonesia: what’s new? Indonesia extends the timeline for foreign vessels to operate in its waters, November 2016
    04/11/2016
    Read more
    The application of Indonesia’s cabotage law has been put under the spotlight since it was first implemented in 2008. Being the world’s largest archipelago nation, the Indonesian government has been trying to empower the national shipping industry. Corporate  Asia-Pacific  Shipping 
  • Trading after Brexit: navigating WTO rules, November 2016
    03/11/2016
    Read more
    If the UK formally exits the EU at the end of the Article 50 process without a free trade agreement with the EU in place, trade between the UK and the EU will have to rely on WTO rules. This article provides an introduction to those rules for exporters and importers of goods and services, and clarifies what Brexit might actually mean for them, including the possibility of increased tariffs, increased customs formalities and other challenges. EU, Competition and Trade Regulatory  International Trade Regulation 
  • Is your standard form contract enforceable? New unfair contracts regime for small business to take effect 12 November 2016
    28/10/2016
    Read more
    The new unfair contracts regime, implemented through the Treasury Legislation Amendment (Small Business & Unfair Contract Terms) Act 2015 (the Act), will take effect from 12 November 2016. Shipping  Australia 
  • Bollettino Marittimo –
    Edizione Speciale
    Il caso ATLANTIK CONFIDENCE: gli Assicuratori del Carico “rompono i limiti” in una recente sentenza finora senza precedenti, Novembre 2016

    28/10/2016
    Read more
    A seguito dell’incendio e dell’affondamento della portarinfuse ATLANTIK CONFIDENCE, occorso a largo della costa dell’Oman nell’aprile 2013, gli armatori della nave cercarono di costituire un fondo di limitazione ai sensi della Convention on Limitation of Liability for Maritime Claims 1976 (e successive modifiche) – di seguito, “la Convenzione” – presso l’Admiralty Court ed ottenere una dichiarazione che li avrebbe legittimati a limitare la propria responsabilità, secondo quanto previsto dalla Convenzione, a causa dell’entità dei potenziali reclami avanzati nei confronti degli armatori. Shipping 
  • Is there a notable initiative in a market that can be developed into a Pan-Arab initiative? October 2016
    25/10/2016
    Read more
    To a great extent banks and insurers are the “yin and yang” of operational risk. Banks have to deal with operational risk on a daily basis. Banks attempt to manage and mitigate these risks; and when they cannot, banks may attempt to transfer these risks to the insurance and reinsurance market. Insurers, for their part, attempt to understand and price the risk and then, in effect, remove that risk from the bank’s balance sheet. The premise of this paper is that banks and insurers have much more in common than meets the eye and that new developments in their respective markets can significantly enhance the financial strength of the Pan-Arab region. Insurance & Reinsurance  Middle East  Dubai 
  • Offshore projects – visas required again, October 2016
    20/10/2016
    Read more
    The High Court of Australia confirms that foreign crew and workers on vessels in the offshore oil and gas industry are required to hold visas and receive minimum terms and conditions of employment. Employment  Australia  Energy  Oil and Gas 
  • Arrest of the SAM HAWK: reversed on appeal and Australian position on maritime liens falls back into line with English and Singaporean law, October 2016
    12/10/2016
    Read more
    Five judges sitting as the Full Court of the Federal Court of Appeal have unanimously rejected a bunker supplier’s asserted right to arrest the SAM HAWK based on the bunker supplier’s contract with the time charterers which incorporated a maritime lien clause subject to US law1. Dispute Resolution  Shipping  Australia  Asia-Pacific 
  • ATLANTIK CONFIDENCE: Cargo Insurers “break limits” in unprecedented judgment, October 2016
    11/10/2016
    Read more
    Following the fire and sinking of the bulk carrier ATLANTIK CONFIDENCE off the coast of Oman in April 2013, the owners of the vessel sought to constitute a limitation fund pursuant to the Convention on Limitation of Liability for Maritime Claims 1976 (as amended, the Convention) in the Admiralty Court and obtain a declaration that they were entitled to limit their liability in accordance with the Convention due to the size of potential claims advanced against the owners. Dispute Resolution  Shipping 
  • Everything that floats – regulations clear? October 2016
    10/10/2016
    Read more
    An international convention authority and courts on both sides of the Atlantic have recently attempted to clarify the question of whether floating offshore units are to be subject to the laws and regulations applying to ‘ships’. However, the issue remains complex and confusing. Energy  Shipping  Oil and Gas 
  • Confirmation received from the Court of Appeal: the ASTRA was wrongly decided, October 2016
    07/10/2016
    Read more
    In 2013, the Commercial Court in the ASTRA1 held controversially that the obligation to make punctual payment of hire by the charterers was a condition, thus entitling the owners to withdraw the vessel and claim a loss of bargain for the remaining period of the charter albeit the delay in payment of hire may only be a few minutes late. Shipping  Dispute Resolution 
  • La conferma ricevuta dalla corte d’appello: la decisione nel caso the ASTRA era errata
    07/10/2016
    Read more
    Nel 2013, la Commercial Court, nel caso the ASTRA1, dichiarò in maniera controversa che l’obbligo dei Noleggiatori di effettuare un pagamento puntuale del nolo era una “condition”, così legittimando gli Armatori a ritirare la nave e a reclamare i danni per la perdita di futuri profitti per il rimanente periodo di noleggio, anche se il ritardo nel pagamento del nolo fosse stato solo di poche ore o pochi minuti. Shipping  Dispute Resolution 
  • A victory for insurers? A question again. European Court to decide whether to allow direct actions against insurers, September 2016
    27/09/2016
    Read more
    Denmark’s highest court has asked the European Court of Justice (ECJ) to determine whether a claimant bringing a direct action against an insurer is bound by the jurisdiction agreement between the insurer and insured. The outcome could have significant implications for P&I Clubs. If the ECJ finds in the claimant’s favour, this would allow direct action against insurers throughout the EU and EFTA in any member state where such direct action is permitted, irrespective of any jurisdiction agreements in the relevant policies. Shipping  Insurance & Reinsurance 
  • Réforme du droit des contrats : de nouvelles perspectives en matière d’assurance ? Septembre 2016
    21/09/2016
    Read more
    Le 1er octobre prochain entrera en vigueur l’ordonnance n° 2016-131 du 10 février 2016 portant réforme du droit des contrats, du régime général et de la preuve des obligations1. Cette réforme modifie notamment les articles du Code civil relatifs aux conditions de formation du contrat, à son exécution et à sa fin. Insurance & Reinsurance  Paris 
  • Brexit: the effect on cross-border insolvencies, September 2016
    13/09/2016
    Read more
    At first glance, it seems that cross-border insolvencies between the UK and EU are likely to become more time-consuming, complex and expensive post-Brexit. However, the situation may not be as dire as it first appears due to the existence of alternative legislation and the exemptions to the EU legislation. As with other areas of law, when it comes to insolvencies much will depend on what steps are taken to maintain the current arrangements with the EU or whether they fall away altogether. Fraud and Insolvency  EU, Competition and Trade Regulatory 
  • Faillite d’Hanjin : quelles actions pour les intérêts cargaison ? Septembre 2016
    08/09/2016
    Read more
    Le 1er septembre 2016 la compagnie Hanjin Shipping Co Ltd (“Hanjin”) première compagnie coréenne de transport maritime par conteneur a sollicité la protection de la loi coréenne sur les faillites et une procédure collective, dite de “réhabilitation”, a été ouverte par les tribunaux de Séoul. Cette faillite, qui concerne le septième transporteur mondial de conteneurs, est de nature à avoir des conséquences immédiates très importantes s’agissant des relations d’Hanjin, tant avec les autres opérateurs du transport maritime mondial (armateurs, affréteurs, compagnies maritimes partenaires au sein de THE Alliance etc.) qu’avec les ayant-droit des marchandises transportées. Shipping 
  • Brexit : quelques mesures que les sociétés d’assurance ou de réassurance peuvent prendre dès maintenant, Septembre 2016
    05/09/2016
    Read more
    Il n’aura échappé à personne qu’à l’occasion du référendum historique sur la sortie du Royaume-Uni de l’Union Européenne (Brexit), l’électorat britannique, par une courte majorité, a choisi de quitter l’UE. Insurance & Reinsurance  EU, Competition and Trade Regulatory  Paris 
  • Staying Adjudications – when your contractor is becoming insolvent, September 2016
    01/09/2016
    Read more
    In Hakea Holdings Pty Limited v Denham Constructions Pty Limited; BaptistCare NSW & ACT v Denham Constructions Pty Limited (16 August 2016)1 the Supreme Court of New South Wales stayed the enforcement of an adjudication award because there were significant counterclaims against the contractor and a real risk that the contractor would be wound up and unable to repay the money received - if the counterclaims were successful. The case demonstrates that courts will stay enforcement where there is evidence that the financial circumstances of the contractor mean that it is unlikely to be able to repay the adjudication award and where there are strong and substantial counterclaims, even if the contractor is not actually in liquidation. Construction  Asia-Pacific  Australia 
  • Hanjin in rehabilitation: what next? August 2016
    31/08/2016
    Read more
    The insolvency of Hanjin Shipping (Hanjin), the world's seventh largest container line, is likely to have a significant impact throughout the maritime sector. In this briefing we provide an overview of some of the potential consequences of Hanjin's insolvency and which parties will be most affected by this development. Shipping 
  • Commencement of drilling = spudding? Industry terms in oil and gas contracts – another victory for clear language, August 2016
    18/08/2016
    Read more
    A recent decision in the English Commercial Court has upheld the natural meaning of industry terminology in a commercial oil and gas contract. While the court’s ruling in this case is in line with ordinary industry usage, it is a timely reminder to parties involved in all stages of the oil and gas lifecycle to ensure that their contractual terms are clear and concise in all respects. Energy  Australia  Corporate  Oil and Gas 
  • MSC v Cottonex1: once on demurrage, not always on demurrage
    15/08/2016
    Read more
    This high interest case establishes the principle that under certain circumstances demurrage can be interrupted earlier than once thought. Commodities  Dispute Resolution  Shipping 
  • Beach volleyball: how the Court of Arbitration for Sport made 1 + 1 = 1, August 2016
    15/08/2016
    Read more
    VANASOC & Vanuatu Beach Volleyball Federation v FIVB & Rio 2016 Organizing Committee1 Dispute Resolution 
  • Injunctions to stop adjudicators from making determinations may be possible on the East Coast: Vinson v Neerim Properties Developments Pty Ltd, August 2016
    09/08/2016
    Read more
    Developments Pty LtdA recent decision in the Supreme Court of Victoria1 has provided some further guidance2 as to the requirements of a valid payment claim, and notice under s18(2) of the Building and Construction Industry Security of Payment Act 2002 (Vic) (BCISPA). It has also served as a reminder that courts can and will order injunctions where applications for adjudication of construction payment claims are held to be an abuse of process. Dispute Resolution  Construction  Australia  Asia-Pacific 
  • Supreme Court defines the ambit of the fraudulent claims rule, August 2016
    05/08/2016
    Read more
    At the claims stage of an insurance contract there are three ways in which an assured can try to take advantage of his insurer: Shipping  Insurance & Reinsurance 
  • New SIAC rules 2016: key changes apply from 1 August 2016, July 2016
    21/07/2016
    Read more
    This year, the Singapore International Arbitration Centre (SIAC) celebrated its 25th anniversary and the SIAC congress held in May 2016, which HFW attended as a gold sponsor, was a testament to SIAC’s achievements during its 25 years. SIAC continues to play a key role in the city-state’s growth as a major international arbitration hub. Despite only releasing the previous edition of its rules in 2013, SIAC has recently released the 6th edition of its Arbitration Rules. Dispute Resolution  Singapore  Asia-Pacific 
  • Preparing for Brexit: seven things that (re)insurance businesses can do now, July 2016
    14/07/2016
    Read more
    June’s vote to leave the EU has set the UK on course for Brexit. It is not yet known exactly when the final exit will take place (although two years’ notice is required) and it is far from clear which EU treaties and legislation will continue to apply in the UK or the extent to which UK businesses will be able to continue operating in the EU. Insurance & Reinsurance  London  Brussels  Eastern Europe & Russia 
  • NCAT decision on community rule, July 2016
    12/07/2016
    Read more
    A summary of NCAT Orders made 22 June 2016: Barbara Evans (Applicant) v Cabana Holdings Pty Ltd T/as Broadlands Relocatable Homes Estate (Respondent) NCAT:RC:15/68173 Construction  Projects  Australia  Dispute Resolution 
  • Holidays in France - always strict liability? July 2016
    11/07/2016
    Read more
    In accordance with the High Court’s decision in Committeri v Club Mediterranee SA1, it is in the interest of any companies that provide package holidays to France to ensure that the contracts between them and the buyers of the holidays are governed by English law. This will ensure that travel companies will not be strictly liable to provide compensation in the event of an injury during the holiday. Travel, Cruise & Leisure  Dispute Resolution 
  • Bollettino Marittimo – Edizione Speciale: BREXIT: Uscita del Regno Unito dall’Unione Europea Conseguenze nel panorama commerciale e giuridico britannico, Luglio 2016
    05/07/2016
    Read more
    La scelta di lasciare l’Unione Europea, espressa dal popolo britannico con il voto dello scorso 23 giugno, non comporta l’automatica disapplicazione dei Trattati e della legislazione europea nel Regno Unito. Shipping  EU, Competition and Trade Regulatory  London 
  • Réforme du droit des contrats en France : aspects pratiques en droit des sociétés et opérations de M&A, Mai 2016
    04/07/2016
    Read more
    L’Ordonnance n° 2016-131 du 10 février 2016 portant réforme du droit des contrats, du régime général et de la preuve des obligations vient d’être publiée au Journal Officiel du 11 février 2016 (l’“Ordonnance”). Cette réforme entrera en vigueur le 1er octobre 2016. Après cette date, les nouvelles règles s’appliqueront aux seuls contrats conclus, renouvelés ou reconduits tacitement. Corporate  Paris 
  • Pitfalls of settlement agreements - how a warranty kept alive led to a AUS$7 million claim three years later, June 2016
    28/06/2016
    Read more
    Entering into a settlement agreement is often good news at the end of a challenged project; a settlement should bring finality and certainty to the parties and an end to a troubled relationship. Construction  Dispute Resolution  Australia 
  • BREXIT: next steps for out – how will this affect your business?
    24/06/2016
    Read more
    The UK has made its choice and is to leave the European Union. Aviation  Construction  Commodities  Logistics  Insurance & Reinsurance  Shipping  Energy  Financial Institutions  Mining  Ports & Terminals  Space  Yachts  Travel, Cruise & Leisure  London  Paris  Brussels  Geneva  Piraeus  Dubai  Shanghai  Hong Kong  Singapore  São Paulo  Riyadh  Beirut  Kuwait  Australia  Eastern Europe & Russia 
  • Final Marine Order 42 and “verified gross mass” of containers – update, June 2016
    16/06/2016
    Read more
    Further to our briefing published in May 20161, the Australian Maritime Safety Authority (AMSA) has now published the final version of the Marine Order 42 (Carriage, stowage and securing of cargoes and containers) 2016 (Marine Order 42 2016) adopting the amendments to The International Convention for the Safety of Life at Sea (SOLAS) which require shippers to provide a verified gross mass (VGM) for containers. Shipping  Ports & Terminals  Logistics 
  • Indonesia: what’s new? The Indonesia 2016 Negative List – foreign investment opportunities remain? June 2016
    16/06/2016
    Read more
    Further to the announcement of a series of Economic Stimulus Packages, the Indonesian Government has finally enacted the new foreign investment negative list (2016 Negative List)1, setting out business activities that are either entirely closed, open and conditionally open to foreign investment. Commercial  Asia-Pacific  International Trade Regulation  Logistics  Commodities  Energy  Finance 
  • North Korea sanctions update, June 2016
    08/06/2016
    Read more
    Amid continuing frustration at the activities of North Korea, including allegations of a link between North Korea and cyber attacks against banks in Bangladesh and elsewhere which resulted in the theft of more than $80 million, the EU and US have now imposed still further sanctions against North Korea. Dispute Resolution  International Trade Regulation  Asia-Pacific 
  • Pesée des conteneurs : publication de l’arrêté d’application pour la France, Juin 2016
    01/06/2016
    Read more
    L’amendement au Chapitre VI de la Convention internationale sur la sauvegarde de la vie en mer (SOLAS), qui rentrera en vigueur le 1er juillet 2016, prévoit l’obligation pour les chargeurs de déclarer au transporteur la masse brute vérifiée de chaque conteneur. Ports & Terminals  Shipping  Logistics 
  • Décret n°2016-687 du 27 mai 2016 relatif à l’autorisation d’exploiter les installations de production d’électricité, Juin 2016
    01/06/2016
    Read more
    Le Gouvernement français a annoncé en février 2016 l’augmentation des seuils d’autorisation d’exploitation des installations produisant de l’électricité à partir d’énergies renouvelables. Cette annonce a été effectuée dans le cadre d’une politique de simplification des autorisations requises au titre du code de l’énergie. Energy  Paris 
  • Decree No. 2016-687 dated 27 May 2016 on the authorisation to operate power plants, June 2016
    01/06/2016
    Read more
    The French Government announced in February 2016 plans to increase the operating license thresholds for power plants producing electricity from renewable energy sources. This announcement was made as part of a policy to simplify the authorisation required under the French Energy Code. Energy  Paris 
  • Amendments to Marine Order 42 – the facts: “verified gross mass” of containers, May 2016
    27/05/2016
    Read more
    On 10 March 2016, The Australian Maritime Safety Authority (AMSA) circulated a consultation draft of its proposed amendments to Marine Order 42, which incorporates the amendments to The International Convention for the Safety of Life at Sea (SOLAS) requiring shippers to provide a verified gross mass (VGM) for a container prior to it being loaded on board a ship. Shipping  Ports & Terminals  Logistics 
  • L’impact de la réforme du droit des contrats en France en matière de construction, Mai 2016
    26/05/2016
    Read more
    L’Ordonnance n° 2016-131 du 10 février 2016 portant réforme du droit des contrats, du régime général et de la preuve des obligations a été publiée au Journal Officiel du 11 février 2016 (l’“Ordonnance”). Il faudra attendre le 1er octobre 2016 pour que cette réforme entre en vigueur. Les contrats de construction de droit privé sont de fait impactés. Toutefois, si l’Ordonnance modifie le régime général des contrats elle ne touche pas aux règles spéciales applicables en matière de construction d’ouvrages, marchés à forfait, garanties décennales et autres responsabilités spécifiques des constructeurs. Les aspects clés de l’Ordonnance en la matière concernent notamment la période de négociation du contrat, le déséquilibre contractuel, la consécration de la violence par abus de dépendance, la consécration de la théorie de l’imprévision et la clarification des remèdes à l’inexécution contractuelle. Construction  Paris 
  • Case update: Transocean Drilling UK Ltd v Providence Resources PLC, May 2016
    23/05/2016
    Read more
    The Court of Appeal (CA) has disagreed with the High Court’s controversial first instance decision and found that a claim for spread costs was in fact successfully excluded by a consequential loss exclusion clause incorporated into a drilling contract. Dispute Resolution  Energy 
  • THE GLOBAL SANTOSH: chi supporta il costo di un sequestro erroneamente ottenuto in un contratto di noleggio a tempo? Chiarimento dalla corte sul significato di “charterers’ agents”, Maggio 2016
    16/05/2016
    Read more
    Lo scorso mercoledì 11 maggio, con una significativa sentenza, la Supreme Court inglese ha ribaltato le precedenti sentenze emesse dalle corti inferiori, rinvenendo che il sequestro navale da parte di un sub-noleggiatore basato su un reclamo di controstallie ai sensi di un contratto di vendita ricada all’interno di una clausola fuori nolo o comunque di una esclusione ai sensi del contratto di noleggio, con il risultato che il nolo non risulterebbe dovuto per il tempo perso. Shipping 
  • OW Bunker test case: the RES COGITANS Supreme Court judgment handed down today, May 2016
    11/05/2016
    Read more
    In the climax of the RES COGITANS dispute, the Supreme Court has today handed down its eagerly awaited judgment, in which it unanimously rejected the appeal of PST Energy 7 Shipping LLC. Shipping  Dispute Resolution  London 
  • Bollettino Marittimo – Edizione Speciale: Sentenza definitiva OW, Maggio 2016
    11/05/2016
    Read more
    La sentenza emessa questa mattina dalla Supreme Court ha rigettato all’unanimità l’appello presentato dagli armatori della ‘RES COGITANS’, PST Energy (‘armatori’) contro OW Bunker Malta (‘OWBM’). Shipping  London  Dispute Resolution 
  • ASEAN liberalisation: open skies achieves full ratification, May 2016
    10/05/2016
    Read more
    Without much fanfare, it was confirmed last month that Indonesia and Laos have now ratified the Association of South East Asian Nations (ASEAN) open skies agreement (the Agreement). This means that the Agreement has now achieved full ratification by all ten ASEAN Member States (Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, Philippines, Singapore, Thailand and Vietnam). Whilst the announcement garnered little media attention, the importance of this development for the future liberalisation of aviation in South East Asia cannot be underestimated. Aviation  Asia-Pacific  Hong Kong  Shanghai  Singapore 
  • European Union sanctions against North Korea update, May 2016
    06/05/2016
    Read more
    In our last briefing1 we outlined the increased sanctions which had been imposed against North Korea by, among others, the UN, the US and the EU following the nuclear test conducted by North Korea on 6 January 2016 and the rocket launch conducted on 7 February 2016. Asia-Pacific  International Trade Regulation  Dispute Resolution 
  • Indonesia: what’s new? April 2016
    28/04/2016
    Read more
    Since September 2015 until early April 2016, the Indonesian government has issued 11 economic stimulus packages. As part of these economic stimulus packages the government has issued 169 regulations so far, whilst a few others are still in the process of further deliberation. Commercial  Asia-Pacific  International Trade Regulation  Logistics  Commodities  Energy  Finance 
  • Data protection has new teeth: seven ways to prepare now for the EU General Data Protection Regulation to avoid being bitten, April 2016
    21/04/2016
    Read more
    On Thursday 14 April the European Parliament voted to approve the new EU General Data Protection Regulation (the Regulation), which overhauls a data protection regime dating from 1995. The Regulation makes some significant changes to the EU data protection regime which, perhaps most importantly, will now apply extra-territorially to data controllers and data processors alike. With large potential fines (the greatest of up to 4% of global turnover or €20 million) and a new maze of red tape, businesses should start now to make the necessary changes to their business practices in order to be prepared when the Regulation enters into force in early/mid 2018. EU, Competition and Trade Regulatory  Eastern Europe & Russia 
  • Pesée des conteneurs : nouvelle réglementation SOLAS, Avril 2016
    21/04/2016
    Read more
    Face à la multiplication des incidents causés par les fausses déclarations du poids des conteneurs, l’Organisation Maritime Internationale (OMI) a adopté en 2014 un amendement à la Convention internationale sur la Sauvegarde de la vie en mer (SOLAS) afin d’apporter des réponses à cette problématique. Cet amendement, qui entrera en vigueur le 1er juillet 2016, rendra obligatoire la pesée de chaque conteneur avant le début du chargement afin de permettre au ship planner d’établir un plan de chargement tenant compte du poids réel des conteneurs. Ports & Terminals  Shipping  Logistics 
  • A victory for insurers: the YUSUF CEPNIOGLU, April 2016
    20/04/2016
    Read more
    Many jurisdictions around the world have legislation granting a victim the right to sue a defendant’s insurer directly and without first suing the insured. Such “direct action statutes” have been used in a number of recent cases to sue P&I clubs directly. The issue for clubs, and insurance companies generally, is not only that such claims potentially circumvent the choice of law and jurisdiction within the contract of insurance, but also that contractual defences, most notably the pay to be paid rule, can often be declared unenforceable by the local courts. Logistics  Shipping  Insurance & Reinsurance 
  • North Korea sanctions update, April 2016
    15/04/2016
    Read more
    Following the nuclear test conducted by North Korea on 6 January 2016 and the rocket launch conducted on 7 February 2016, the UN, the US and EU have significantly expanded the scope of sanctions against North Korea. Other UN members, including China, are also reported to have imposed their own new set of sanctions against North Korea, in line with the new UN sanctions. Asia-Pacific  Dispute Resolution  International Trade Regulation 
  • Changes to the Saudi Arabian labor laws, April 2016
    14/04/2016
    Read more
    The new amendments to the Saudi Arabian labor laws (initially announced in a Royal Decree No. M/46 of 05/05/1436H) came into force on 18 October 2015. The reforms follow the Saudi Ministry of Labor’s ongoing efforts to strike a balance between the creation of a dynamic marketplace for foreign businesses and protection and development of the local workforce. Employment  Middle East 
  • Tales of offshore contract terminations, April 2016
    05/04/2016
    Read more
    The state of the global oil and gas market is such that owners of rigs or offshore support vessels face the realistic prospect of terminations by their charterer. The industry is well aware of a number of recent terminations, which are an unfortunate reality arising from the drive to save costs. Many of these termination disputes are confidential, either being subject to arbitration or negotiated by way of commercial settlement. We discuss below a recent and well publicised case which provides a useful and timely insight into the legal hurdles that these terminations raise. We also briefly address key issues, from an English law perspective, detailing how the validity of a typical termination is likely to be assessed during a dispute. Energy  Dispute Resolution 
  • It’ll all come out in the wash: how construction adjudications are like a front-loading washing machine, April 2016
    01/04/2016
    Read more
    Front loading washing machines are magnificent inventions. They are more efficient and faster than the old school top-loaders. However, once the cycle has started the door locks (ostensibly to avoid leaks) so if you have forgotten to put that errant sock in the wash you better be prepared to either walk around with only one sock or wear flip flops until the next load. Construction  Dispute Resolution  Melbourne  Perth  Sydney  Asia-Pacific 
  • Telling the truth is still the best policy: Laing O’Rourke Australia Construction Pty Ltd v Samsung C&T Corporation, March 2016
    22/03/2016
    Read more
    The most recent instalment of the ongoing dispute between Laing O’Rourke Australian Construction Pty Ltd (LORAC) and Samsung C&T Corporation (Samsung)1 is of interest to lawyers in the construction industry as it shows that a court will need very convincing evidence before stopping a party from making a demand on a performance bond on the basis that the demand was not, in the language of the relevant contract, “bona fide” or in good faith. Construction  Melbourne  Perth  Sydney  Asia-Pacific 
  • New register for UK companies of persons with significant control, March 2016
    22/03/2016
    Read more
    There are new legal requirements applying to all UK companies concerning their ultimate individual control. The broad framework of the new provisions are contained in the Small Business Enterprise and Employment Act 2015 (SBEE). Corporate  London 
  • OW Bunker test case: the RES COGITANS − forthcoming Supreme Court hearing, March 2016
    21/03/2016
    Read more
    On 12 February 20161, we reported that the Supreme Court had granted an application for PST Energy 7 Shipping LLC to appeal the Court of Appeal’s decision in the controversial RES COGITANS dispute. Shipping  Dispute Resolution  London 
  • The wind of change: emergence of an insurance regime appropriate for French marine renewable energy projects?, February 2016
    26/02/2016
    Read more
    On 3 February 2016 the French National Assembly adopted article 19 of the draft law on the ‘blue economy’ which introduces an insurance regime tailor-made for Marine Renewable Energy installations. Construction  Energy  Insurance & Reinsurance  Paris  Eastern Europe & Russia 
  • Le vent de l’assurance tourne pour les EMR : émergence d’un régime d’assurance adapté aux EMR ? Février 2016
    26/02/2016
    Read more
    Le 3 février 2016, l’Assemblée Nationale a adopté l’article 19 de la proposition de loi pour l’économie bleue qui institue un régime d’assurance adapté aux installations d’EMR. Insurance & Reinsurance  Construction  Energy  Paris  Eastern Europe & Russia 
  • Iran sanctions: guidance for insurers, reinsurers and brokers, February 2016
    23/02/2016
    Read more
    Insurers, reinsurers and brokers will be looking carefully at the latest Iran sanctions developments to see whether the sanctions relief presents an opportunity or a threat for their businesses, as well as seeking to anticipate what new activities assureds may now be contemplating, in order to be able to respond to their requests for cover. Insurance & Reinsurance  International Trade Regulation  Middle East  Eastern Europe & Russia 
  • Foreign investment into Australia: Implications under the new FIRB legislation for investment in developed commercial land, February 2016
    17/02/2016
    Read more
    Australia’s new foreign investment regime, which came into effect on 1 December 20151 tightens up the process for obtaining government approval to invest in some areas, for example residential, agricultural and other sensitive property, and eases it in other areas. This note looks at one specific area where restrictions have eased, namely the purchase of developed commercial land. Here investors can now take advantage of relatively generous exemptions from rules that would otherwise apply. Corporate  Commercial  Melbourne  Sydney  Perth  Asia-Pacific  Construction 
  • OW Bunker test case: the RES COGITANS – permission to appeal to the Supreme Court granted, February 2016
    12/02/2016
    Read more
    In our update of 26 October 20151, where we reported on the Court of Appeal (CA) decision in the RES COGITANS, we promised to update you on the status of any appeal of that decision to the Supreme Court. Shipping  Dispute Resolution  London 
  • Safe Harbour 2.0: will the EU-US Privacy Shield stand up to scrutiny? February 2016
    08/02/2016
    Read more
    A last minute deal was struck on 2 February 2016 between the European Commission and the United States, in an attempt to fill the void in EU-US data transfer created by the Schrems1 decision in October 2015. The political agreement creates a new framework for transatlantic data flows, labelled the “EU-US Privacy Shield”. The name implies robust protection for EU citizens’ data, but the level of protection offered by the framework is already being called into question by critics across Europe. EU, Competition and Trade Regulatory  USA & Canada  Eastern Europe & Russia 
  • Levée des sanctions contre l’Iran : ce qu’il faut savoir, Février 2016
    29/01/2016
    Read more
    16 janvier 2016 : l’Agence Internationale de l’Energie Atomique confirme que l’Iran a rempli les conditions du Plan d’action global1 permettant la mise en œuvre d’une série de mesures de libéralisation des échanges. International Trade Regulation  Insurance & Reinsurance  Middle East 
  • The new Saudi companies law and its implications for KSA companies, January 2016
    21/01/2016
    Read more
    On 9 November 2015, the Kingdom of Saudi Arabia’s Council of Ministers approved the long awaited new companies law 1437H/2015G (the New Law) which will come into force in May 2016 and is set to modernise the current framework under the law enacted in 1965 (the Current Law). This follows the accession of Saudi Arabia to the World Trade Organization (the WTO) and the commitment of the Kingdom to modernise its legal and regulatory environment in line with international trends and standards.1 Commercial  Insurance & Reinsurance  Corporate  Riyadh  Middle East 
  • Iran: opportunities following sanctions relief, January 2016
    20/01/2016
    Read more
    On 16 January 2016 (Implementation Day), in a move which has been hailed by politicians in Tehran, London, Brussels and Washington, one of the most extensive lifting of sanctions in history took place. Dispute Resolution  International Trade Regulation  Middle East 
  • Lifting of Iran sanctions: top 10 things to consider, January 2016
    15/01/2016
    Read more
    There have been reports over the past few days that a statement from the International Atomic Energy Agency (IAEA) verifying that Iran has complied with its obligations pursuant to the Joint Comprehensive Plan of Action (JCPOA) is imminent. Dispute Resolution  International Trade Regulation  Middle East 
  • Green is the new black: developments following the Paris climate change conference, January 2016
    05/01/2016
    Read more
    Whilst the final details are still being ironed out, the international community has celebrated what appears to be an agreement following the recent meetings in Paris. Energy  Paris 
  • Why are we weighting? Time to act, January 2016
    23/12/2015
    Read more
    The implications of the verification of the gross mass of containers — a relatively modest change to the International Maritime Organization (IMO) Safety of Life at Sea Convention (SOLAS) that in essence reiterates the existing responsibility of shippers to declare gross mass accurately — are reverberating through the container supply chain. Ports & Terminals  Shipping  Logistics 
  • New General Data Protection Regulation, December 2015
    17/12/2015
    Read more
    Changes are afoot in the new year for data protection in the European Union, with the advent of the EU General Data Protection Regulation1 (the GDPR). EU, Competition and Trade Regulatory  Eastern Europe & Russia 
  • Damaging the brand: the impact of bribery by associated persons, December 2015
    15/12/2015
    Read more
    One of the main talking points when the UK Bribery Act 2010 (the Act) was first introduced was the new section 7 offence. This introduced corporate liability for failure to prevent bribery by an “associated person” and marked a novel approach under English law to the problem of bribery and corruption on behalf of corporates. EU, Competition and Trade Regulatory  Employment  Eastern Europe & Russia 
  • Mongolia: what’s new? December 2015
    11/12/2015
    Read more
    It is no secret that the fall in global commodity prices and Chinese demand has hurt the Mongolian economy. In addition, the Mongolian government is facing a number of imminent debt repayments and the prospect of having to restructure its sovereign and parastatal debt remains very real. Corporate  Asia-Pacific 
  • Монгол улсын дараагийн алхам юу вэ? 12 дугаар сар
    11/12/2015
    Read more
    Олон улсад таваарын үнэ тогтворгүйжиж, БНХАУ-ын эрэлт унаснаас шалтгаалан Монголын эдийн засаг тэр хэмжээгээр хохирол амсаж байгаа нь үнэн билээ. Үүнээс гадна, Монголын засгийн газрын болон төрийн эзэмшлийн компаниудын зайлшгүй төлөх шаардлагатай өрийн хугацаа ойртсоор байгаа бөгөөд энэхүү том хэмжээний өрийн бүтцийг нэн яаралтай өөрчлөж зохицуулах нь зүйтэй юм. Corporate  Asia-Pacific 
  • Sanctions: Russia imposes sanctions against Turkey, December 2015
    09/12/2015
    Read more
    On 28 November 20151 Russia imposed a range of economic sanctions against Turkey, in the wake of the downing of a Russian Su-24 warplane by Turkish F-16 fighter jets. The two main targets of the newly imposed sanctions are the Turkish agricultural sector and the Turkish tourism industry. Dispute Resolution  International Trade Regulation  Middle East  Eastern Europe & Russia 
  • Challenges en cascade pour l’Afrique, Novembre 2015
    20/11/2015
    Read more
    Avec la chute des prix des matières premières et le ralentissement de la demande chinoise, un certain nombre de gouvernements africains vont faire face à la nécessité de restructurer leur dette souveraine et parapublique. Ils ne peuvent l’ignorer et les exemples récents démontrent que plus l’approche adoptée est proactive, meilleurs sont les résultats à long terme. Commodities  Africa  Asia-Pacific  Corporate  Finance 
  • Misery loves company, November 2015
    19/11/2015
    Read more
    With the fall in global commodity prices and slowdown in Chinese demand for commodities, a number of African governments may face the imminent prospect of having to restructure their sovereign and parastatal debt. They should not be ignoring this and recent examples have shown that the more proactive an approach that can be taken, the better the long term results. Commodities  Corporate  Africa  Asia-Pacific  Finance 
  • Extension of the French continental shelf, November 2015
    17/11/2015
    Read more
    On 25 September, France adopted four decrees redefining the external limits of the French continental shelf, with a gain of 579,000 km2 in surface area off the coast of Martinique and Guadeloupe, New Caledonia, French Guiana and the Kerguelen Islands. France, which already controls the second largest Exclusive Economic Zone worldwide, with 11.03 million km2, just behind the USA with 11.35 million km2, and before Australia with 8.15 million km2, intends to increase its submarine domain by 1 million km2. Energy  Paris  Eastern Europe & Russia  Latin America 
  • Global developments in LNG trading, November 2015
    17/11/2015
    Read more
    This article is the second in a three part series and covers the ascent of the United States to becoming the world’s largest producer of natural gas, its transition from a net importer historically to a net exporter for the foreseeable future, and finally the important role of shipping in facilitating that transition to being a key player in the global LNG market. We also discuss the latest developments from three key areas of Asia – Japan, Singapore and Indonesia. Energy  Asia-Pacific  Singapore  Commodities  Shipping  Ports & Terminals 
  • Modern Slavery Act 2015 – supply chain due diligence, November 2015
    11/11/2015
    Read more
    The Modern Slavery Act 2015 (the Act) came into force in October this year, consolidating existing criminal offences in slavery and human trafficking and bringing in new rules on supply chain due diligence. The UK Government has now issued supporting guidance to the legislation. EU, Competition and Trade Regulatory  Commercial  Employment  London  Eastern Europe & Russia 
  • Iran sanctions: is the end in sight? November 2015
    09/11/2015
    Read more
    Progress continues to be made in implementing the various parties’ obligations pursuant to the Joint Comprehensive Plan of Action (JCPOA) with a view to the lifting of the majority of EU sanctions and US extra-territorial sanctions at some point in 2016. Dispute Resolution  International Trade Regulation  Middle East 
  • Damages for wrongful arrest – test case still awaited! November 2015
    05/11/2015
    Read more
    The first decision in Australia involving an application for damages for wrongful arrest under s.34(1) of the Admiralty Act was handed down by Justice Rares in the Federal Court of New South Wales on 21 May 2015 in Fuk Hing Steamship Co Ltd v Shagang Shipping Co Ltd1. Asia-Pacific  Melbourne  Sydney  Perth  Shipping  Dispute Resolution 
  • Freezing down under! Prospective freezing orders valid in Australia, November 2015
    05/11/2015
    Read more
    In a recent decision of the High Court of Australia (which is the highest appellate court in Australia), a freezing order in respect of a prospective foreign judgment has been unanimously upheld. Asia-Pacific  Melbourne  Sydney  Perth  Dispute Resolution 
  • Time bars: miss them at your peril, November 2015
    02/11/2015
    Read more
    On 15 October 2015, the English Court of Appeal handed down judgment in the matter of Stolt Kestrel BV v Sener Petrol Denizcilik Ticaret AS (STOLT KESTREL c/w NIYAZI S). At the same time the Court of Appeal also heard an application by the claimant in the matter of CDE S.A. v Sure Wind Marine Limited (SB SEAGUARD c/w ODYSSÉE) for permission to appeal to the Court of Appeal from a decision of the Admiralty Registrar, Mr Jervis Kay QC (see previous update: http://www.hfw.com/Beware-of-time-bars-April-2015). Shipping  Dispute Resolution  Insurance & Reinsurance 
  • Bollettino Marittimo – Edizione Speciale: Crisi Migranti – profili problematici per le navi mercantili, Novembre 2015
    02/11/2015
    Read more
    L’anno corrente ha visto crescere in maniera esponenziale la problematica dei migranti nelle acque del Mediterraneo, obbligando diverse navi mercantili ad offrire assistenza a migliaia di individui in difficoltà durante le traversate ‘della speranza’ - bambini, anziani, donne incinte, spesso senza giubbotti di salvataggio e stipati su imbarcazioni affollate ed instabili rischiano la vita pur di allontanarsi dalle avverse situazioni in cui si trovano nei loro paesi d’origine. Shipping  Ports & Terminals  Dispute Resolution  London 
  • English jurisdiction up in smoke! October 2015
    29/10/2015
    Read more
    British American Tobacco Denmark A/S and others (Respondents) v Kazemier Transport BV (Appellant) and British American Tobacco Switzerland SA (Respondents) v H Essers Security Logistics BV and another (Appellants)1 Logistics  Commodities  Dispute Resolution  London  Eastern Europe & Russia 
  • Taxing times: the European Commission gets tough on preferential tax rulings, October 2015
    28/10/2015
    Read more
    A decision by the European Commission that Starbucks and Fiat should pay back ‘illegal’ State aid has serious consequences for a company’s tax structures. EU, Competition and Trade Regulatory  Dispute Resolution  London  Brussels  Eastern Europe & Russia 
  • Bollettino Marittimo – Edizione Speciale: Sentenza d’Appello nel caso OW Bunker, Ottobre 2015
    26/10/2015
    Read more
    La Corte d’Appello inglese ha emesso giovedì scorso la sentenza d’appello [2015] EWCA Civ 1058 nella recente saga OW Bunker, rigettando all’unanimità l’appello degli Armatori, al solo fine di considerare che il mancato trasferimento del titolo di proprietà dei carburanti da parte di OW non avrebbe sollevato gli Armatori dal loro obbligo di predisporne il pagamento. In altre parole, la decisione pone le proprie basi, seppur limitate, sul fatto che il Sale of Goods Act non permetterebbe agli Armatori di porre in essere una difesa contro un reclamo da parte di OW per il pagamento del prezzo, ai sensi del contratto di fornitura. Shipping  Ports & Terminals  Dispute Resolution  London 
  • The OW Bunker Court of Appeal judgment and commentary on recent multi-jurisdictional developments, October 2015
    22/10/2015
    Read more
    On 22 October 2015, the English Court of Appeal (CA) handed down its decision1 in the latest twist of the OW Bunker (OW) saga. The CA unanimously rejected the owners’ appeal, but only to the extent of holding that the failure by OW to transfer title in the bunkers does not release the owners from their obligation to pay for them. In other words, the decision is on the somewhat limited basis that the Sale of Goods Act 1979 (SOGA) does not afford a defence to owners against a claim by OW for the price under the supply contract. Shipping  Dispute Resolution  London 
  • Insurance regulation in the ADGM and the DIFC: a comparative guide, November 2015
    20/10/2015
    Read more
    The Abu Dhabi Global Market (ADGM), located on Al Maryah Island, Abu Dhabi, was established in 2013 as Abu Dhabi’s financial services free trade zone. The ADGM ultimately intends to be a broad financial services hub for local, regional and international entities seeking to do business in the Gulf and the wider region. Its initial focus is on the private banking, wealth management and asset management sectors, reflecting Abu Dhabi’s particular economic strengths. Insurance & Reinsurance  Dubai  Middle East  EU, Competition and Trade Regulatory  Corporate 
  • Competition law update: Draft Leniency Policy, October 2015
    19/10/2015
    Read more
    The Hong Kong Competition Ordinance (Ordinance) was enacted on 14 June 2012 and its operative provisions finally come into full force on 14 December 2015. The Ordinance will apply to all sectors of Hong Kong's economy including the aviation, construction, insurance and shipping sectors (to name a few). Construction  EU, Competition and Trade Regulatory  Hong Kong  Insurance & Reinsurance  Aviation  Shipping 
  • Défaut de performance énergétique : nouveau texte, nouvelles questions, Octobre 2015
    16/10/2015
    Read more
    La loi n° 2015-992 du 17 août 2015 relative à la transition énergétique pour la croissance verte, en insérant dans le Code de la Construction et de l’Habitation un nouvel article L111-13-1, est venue préciser les conditions dans lesquelles la responsabilité décennale des constructeurs est susceptible d’être engagée en cas de défaut de performance énergétique d’un bâtiment. Construction  Insurance & Reinsurance  Paris 
  • Coastal trading update, October 2015
    14/10/2015
    Read more
    Our previous briefings on the Coastal Trading (Revitalising Australian Shipping) Act 2012 (the Coastal Trading Act)1 set out in detail the proposed reforms to the current cabotage regulations contained in the Shipping Legislation Amendment Bill 2015 (Bill). The proposed reforms which effectively dismantle the previous Labor Government’s cabotage legislation to open up the Australian coast to international shipping have been subject to a concerted attack by the Maritime Union of Australia and the Labor opposition. Australian industry is strongly supportive of the proposed reform. Shipping  Asia-Pacific  Melbourne  Sydney  Perth  Logistics  Ports & Terminals 
  • Limitation of liability: HEIDBERG, the end of a 24 year story, October 2015
    12/10/2015
    Read more
    On 22 September 2015, the Cour de cassation delivered an important decision in what is probably the most chronicled case on limitation of liability in France. Shipping  Dispute Resolution  Paris 
  • Indonesia: what’s new? October 2015
    09/10/2015
    Read more
    Following the first two economic stimulus packages introduced by the Indonesian President Joko Widodo’s administration in September 2015, in October this year the government launched the much anticipated third phase of the stimulus package. These measures are intended to bolster the weakening Rupiah (IDR) and boost investment in the industrial sector. Asia-Pacific  International Trade Regulation  Logistics  Commodities  Energy  Commercial  Finance 
  • “Somali piracy”: reduction to high risk area, October 2015
    08/10/2015
    Read more
    In a joint press release today, BIMCO, the International Chamber of Shipping, Intercargo, Intertanko and OCIMF have formally announced a reduction to the high risk area (HRA) in East Africa. Shipping  Africa  Middle East 
  • Volkswagen – errors and emissions, October 2015
    06/10/2015
    Read more
    2016 will mark 80 years of Volkswagen car manufacturing – the “people’s car” was launched in 1936 at the Berlin motor show. Insurance & Reinsurance  Commercial  Corporate  Dispute Resolution 
  • Arrest of the SAM HAWK: vessel arrest based on a US law maritime lien in a bunker trader’s contract terms upheld in Australia, October 2015
    01/10/2015
    Read more
    In a recent decision of the Federal Court of Australia (FCA)1, a bunker trader successfully relied on a term in their sale contract that provided, among other things, that a maritime lien in accordance with the laws of the US and the State of Florida attached to the vessel stemmed in any port outside the US could be enforced in any country where the vessel was present. The FCA found the sale contract provision to be an adequate basis to establish jurisdiction to commence an in rem action and proceed with an arrest of the vessel – notwithstanding that a claim in respect of the sale or supply of bunkers does not give rise to a maritime lien under Australian law. Shipping  Dispute Resolution  Asia-Pacific  USA & Canada 
  • Conflits de loi : quelle est la loi applicable à l’action directe de la victime d’une inexécution contractuelle ? Septembre 2015
    17/09/2015
    Read more
    La Première Chambre civile de la Cour de cassation vient de rendre, le 9 septembre 2015, un arrêt important, à paraître au Bulletin, à propos des conditions d’exercice de l’action directe de la victime d’une inexécution contractuelle contre l’assureur de son cocontractant lorsque le Règlement “Bruxelles I” est applicable. Insurance & Reinsurance  Paris 
  • Dubai court issues landmark judgment recognising and enforcing a foreign arbitral award, September 2015
    03/09/2015
    Read more
    In a recent landmark judgment handed down by the Dubai Court of Appeal, Holman Fenwick Willan’s (HFW) Middle East shipping team, including Partner Yaman Al Hawamdeh and Associate Anas Al Tarawneh, has successfully obtained a judgment ordering the recognition and enforcement of a London arbitration award in the UAE. This judgment is of particular significance as it confirms that UAE courts should consider the validity of the underlying arbitration clause in the context of the New York Convention and the foreign law governing the contract. The judgment is also the first of its kind ordering the recognition and enforcement of a foreign arbitral award made on the basis of an unsigned charterparty. Shipping  Dubai  Middle East  Hong Kong  London  Middle East  Eastern Europe & Russia  Dispute Resolution 
  • Bunkers International Corporation, September 2015
    02/09/2015
    Read more
    The latest reports that Bunkers International Corporation have filed for Chapter 11 protection for itself and affiliated companies once again highlights the risks that owners and charterers face of having to potentially pay twice for the same bunkers, that is paying both to the head contractor, Bunkers International, and any sub-contractors, as the physical supplier. Shipping  Ports & Terminals  London  Paris  Brussels  Geneva  Piraeus  Dubai  Shanghai  Hong Kong  Singapore  Melbourne  Sydney  Perth  São Paulo  Alliance Offices  Asia-Pacific  Eastern Europe & Russia  USA & Canada 
  • AXA Versicherung AG (successor to Albingia) v. Arab Insurance Group (B.S.C.), August 2015
    26/08/2015
    Read more
    HFW recently represented Arig in the above High Court matter in which judgment was handed down by Mr Justice Males on 7 July 2015 and which found AXA (reinsurer), as successor in title to German reinsurer, Albingia (reinsurer), unsuccessful in its attempts to avoid two first loss energy construction treaties by which the reinsurer had reinsured Arig in 1996 and 1997. Insurance & Reinsurance  Dispute Resolution 
  • Goel & Trivedi v Ryanair – a question of contractual limitation for EU261 claims, August 2015
    26/08/2015
    Read more
    On 6 August 2015, in an appeal concerning a claim for compensation under EC Regulation 261/2004 (the regulation), the County Court at Manchester examined the scope of a provision in Ryanair’s general conditions of carriage (GCC), purporting to extinguish any right to “damages” if an action was not brought within two years of the date of arrival at destination. Aviation  Dispute Resolution 
  • Tianjin port update following the blast on 12 August 2015: delays to shipments, and other issues affecting cargoes, August 2015
    26/08/2015
    Read more
    Whilst the Tianjin authorities report that currently all terminals of Tianjin port have resumed normal operations, a number of terminals have experienced some port congestion and lower productivity as a result of reduced cargo storage space and damage to surrounding infrastructure, including roads, and while access to the terminals is affected by traffic congestion, port operations have returned to normal. Delays at some ports have also been caused by additional cargo surveys being conducted to ensure there is no contamination from the fall-out from the explosions, in particular traces of sodium cyanide. Logistics  Shipping  Ports & Terminals  London  Paris  Brussels  Geneva  Piraeus  Dubai  Shanghai  Hong Kong  Singapore  Melbourne  Sydney  Perth  São Paulo  Alliance Offices  Asia-Pacific 
  • The role of LNG in the global energy sector and shipping’s role in that market, August 2015
    24/08/2015
    Read more
    This is the first in a series of three articles on the rapidly developing global LNG market. Every region of the globe will participate as either a supplier or consumer in the LNG market, and substantial amounts of investment are necessary to properly build out the midstream infrastructure, with the most interesting opportunities being in floating liquefaction and regasification. Energy  Shipping  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 
  • Philippines ratifies Montreal Convention 1999, August 2015
    18/08/2015
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    On 10 August 2015, the Philippine Senate ratified the Convention for the Unification of Certain Rules for International Carriage by Air, Montreal, 28 May 1999 (MC99). MC99 is expected to come into force formally in the Philippines within the next year. The move will be welcomed by airlines and the International Air Transport Association (IATA) who have lobbied for global ratification and adoption of MC99 to bring an end to the patchwork of liability regimes that continue to exist around the world. Aviation  Asia-Pacific  Hong Kong  Singapore 
  • Tianjin Port explosion, August 2015
    14/08/2015
    Read more
    The huge explosion at Tianjin Port, which led to an enormous fire that affected a substantial part of the port, could lead to massive supply chain disruption. This briefing provides an overview of some of the potential consequences. Ports & Terminals  Shipping  Logistics  Insurance & Reinsurance  Asia-Pacific  London  Paris  Brussels  Geneva  Piraeus  Dubai  Shanghai  Singapore  Hong Kong  Melbourne  Sydney  Perth  São Paulo  Alliance Offices 
  • Brazilian regulatory changes good for international reinsurers, August 2015
    07/08/2015
    Read more
    35 out of 40 of the world’s largest reinsurers have a licence to write business in Brazil. It will therefore be of great interest to the local and international market that on 20 July 2015, in a sudden move that was unexpected by most players, the Brazilian National Council of Private Insurance (CNSP) issued resolution 322, which provides a five year timeframe for the step-by-step relaxation of the mandatory cession rule and the intra-group prohibition. This article examines the genesis of the changes, describes the new rules, provides some commentary on how they are being received and speculates on why they came about. Insurance & Reinsurance  EU, Competition and Trade Regulatory  São Paulo  Latin America 
  • Cape Town Convention in the UK – date of entry into force has been confirmed, July 2015
    31/07/2015
    Read more
    Further to our briefing UK ratification of the Cape Town Convention: a welcome addition or a damp squib? in June 2015, we are pleased to confirm that the UK has taken the necessary steps to ratify the Convention on International Interests in Mobile Equipment and the related Protocol on Matters Specific to Aircraft Equipment (together, the Cape Town Convention) and that the same will come into force in the UK, as well as in Guernsey, the Cayman Islands and Gibraltar, on 1 November 2015. It is worth noting that each of these territories have different legal systems and the declarations made by the UK in respect of them vary and should be confirmed by local counsel in the context of specific transactions. Aviation  EU, Competition and Trade Regulatory  Eastern Europe & Russia  London 
  • Aviation regulatory update, July 2015
    27/07/2015
    Read more
    In this regulatory round-up, we highlight the forthcoming changes to EU legislation in the package travel sector – long-awaited and the first significant amendments to the law in this area for 25 years. Aviation  EU, Competition and Trade Regulatory  Eastern Europe & Russia 
  • Responsabilité des diagnostiqueurs immobiliers : quid du préjudice indemnisable ? Juillet 2015
    24/07/2015
    Read more
    La Chambre Mixte de la Cour de cassation vient de rendre, le 8 juillet 2015, une décision qui va faire date pour les diagnostiqueurs immobiliers et leurs assureurs de responsabilité. Construction  Insurance & Reinsurance  Paris 
  • Post-award ship arrest possible in Hong Kong, July 2015
    24/07/2015
    Read more
    Hong Kong has for some time been known as a favourable place for ship arrest. A party may apply for an arrest in Hong Kong relatively easily, at low cost, with low risk and without being required to give counter-security. Shipping  Ports & Terminals  Hong Kong  Dispute Resolution 
  • Nigeria bans 113 tankers, July 2015
    23/07/2015
    Read more
    On 15 July 2015, Nigeria’s state oil company, Nigerian National Petroleum Corporation (NNPC) issued a list of 113 tankers prohibited, with immediate effect, from “engaging in crude oil/gas ... activities in any... terminals within...Nigerian territorial waters...”. The directive further provides that “the affected vessels have also been barred from movements within ... Nigerian territorial waters”. Energy  Shipping  Ports & Terminals  Africa 
  • Sanctions: a snapshot of current and future developments as at 15 July 2015
    17/07/2015
    Read more
    Recent weeks have seen a flurry of activity in respect of international sanctions, which have never been more complex and fast-moving. Restrictions are being imposed or removed on a frequent basis, as a result of evolving diplomatic and political issues, creating a significant challenge for businesses engaged in international commerce. Dispute Resolution  International Trade Regulation  Eastern Europe & Russia  Middle East  Latin America  USA & Canada 
  • Australian cabotage update – July 2015
    17/07/2015
    Read more
    In our March1 and May2 2015 updates on Australian coastal trading reform we reported on the government’s intention to scrap the existing coastal trading regime which was introduced by the previous (Labour) Government through the Coastal Trading (Revitalising Australian Shipping) Act 2012 (CTA). Shipping  Logistics  Ports & Terminals  Melbourne  Sydney  Perth  Asia-Pacific 
  • OW test case – permission to appeal judgment granted, July 2015
    16/07/2015
    Read more
    In our update dated 14 July 20151, we reported that Mr Justice Males upheld the London tribunal’s decision that the Sale of Goods Act 1979 did not apply to the bunker supply contract and that ING/OW were entitled to receive payment from owners, even in circumstances where OW did not own property in the bunkers supplied. Shipping  Dispute Resolution  London 
  • Bollettino Marittimo - Edizione Speciale Sentenza OW, Luglio 2015
    15/07/2015
    Read more
    La High Court Inglese ha emanato nella giornata di ieri, 14 Luglio, una importante sentenza nella ‘saga’ OW Bunker, nella quale ha rovesciato un lodo arbitrale, sostenendo come il Sale of Good Act 1979 (SOGA) non possa trovare applicazione nel contratto di fornitura di carburanti in questione. Shipping  Dispute Resolution  London 
  • SOLAS amendments – mandatory verification of container weights: the clock is ticking... July 2015
    15/07/2015
    Read more
    With just less than one year left before the amendments to SOLAS VI Regulation 2 take effect, now is the time for anyone involved in the container supply chain to consider how they will be affected and what they need to do to be ready for 1 July 2016. Ports & Terminals  Shipping  Logistics 
  • OW Bunker test case judgment handed down today - 14 July 2015
    14/07/2015
    Read more
    The English High Court today handed down a significant judgment in the ongoing OW Bunker saga1, in which it upheld a tribunal’s decision that the Sale of Goods Act 1979 (SOGA) did not apply to the relevant bunker supply contract. Shipping  Dispute Resolution  London 
  • Approach agreed on new Data Protection Regulation, July 2015
    13/07/2015
    Read more
    On 15 June 2015, the EU Council agreed a general approach to the new data protection legislation. This means that the Council has a basis on which to negotiate with the European Parliament. The updated regime will be brought into law by a Regulation; therefore when it becomes law it will be directly effective in all Member States simultaneously. There is expected to be a two year transitional period. EU, Competition and Trade Regulatory  Eastern Europe & Russia 
  • Argentine Judge orders seizure of assets of oil drillers operating in the Falkland Islands, June 2015
    30/06/2015
    Read more
    On 27 June 2015 a Federal Judge of Tierra del Fuego, Lilian Herraez, ordered the seizure of goods and assets, worth US$156,432,000, of companies alleged to be involved in the illegal exploration and exploitation of hydrocarbons off the Falkland Islands. Energy  Shipping  Insurance & Reinsurance  London  Latin America 
  • Hong Kong’s Insurance Companies (Amendment) Bill 2014 may soon pass, June 2015
    23/06/2015
    Read more
    We have previously written about the most important future regulatory change in Hong Kong – namely the establishment of an Independent Insurance Authority (IIA) (http://www.hfw.com/Insurance-regulation-in-HK-April-2014). Insurance & Reinsurance  Asia-Pacific  Hong Kong 
  • Indonesia fuelling growth: a commitment to development, June 2015
    16/06/2015
    Read more
    The Jokowi administration has made no secret of its desire to drive the Indonesian maritime sector. In recent months the government has announced a number of projects that will attempt to kick-start this initiative. Ports & Terminals  Commodities  Construction  Shipping  Mining  Commercial  Asia-Pacific  Singapore  Logistics 
  • UK ratification of the Cape Town Convention: a welcome addition or a damp squib? June 2015
    12/06/2015
    Read more
    Almost fifteen years after it was agreed, the Convention on International Interests in Mobile Equipment 2001 (Convention) and the Protocol to the Convention on Matters Specific to Aircraft Equipment (Protocol) (collectively known as the Cape Town Convention) is set to become law in the UK in the near future. Aviation  EU, Competition and Trade Regulatory  Eastern Europe & Russia  London 
  • The UK Insurance Act 2015, June 2015
    10/06/2015
    Read more
    On 12 February 2015, the Insurance Act 2015 (the Act) received Royal Assent. The Act will come into force on 12 August 2016 and will make reforms in areas such as disclosure by policyholders and their agents in business insurance, warranties and an insurer’s remedies for fraudulent claims. The Act will introduce new law (replacing the existing common law) and, significantly, will also amend parts of the Marine Insurance Act 1906 (the MIA 1906). The MIA 1906 states the English common law for all classes of non-life insurance. Insurance & Reinsurance  Dispute Resolution  Eastern Europe & Russia 
  • Anti-suit injunctions and arbitration agreements: the position under Hong Kong law, June 2015
    05/06/2015
    Read more
    In the landmark decision of Mr Justice Godfrey Lam in Ever Judger Holding Co Ltd v Kroman Celik Sanayii Anonim Sirketi1, the Hong Kong High Court sets out the principles that apply to anti-suit injunctions in the context of arbitration agreements. Shipping  Dispute Resolution  Hong Kong  Eastern Europe & Russia 
  • The best of both worlds in alternative dispute resolution: Singapore’s Arb-Med-Arb protocol, June 2015
    04/06/2015
    Read more
    A typical dispute resolution clause can provide in some detail for, amongst other things, conditions precedent under which parties have to negotiate in good faith first before commencing arbitration Dispute Resolution  Singapore  Asia-Pacific 
  • Supreme Court makes landmark ruling on insurers’ liability for mesothelioma, May 2015
    28/05/2015
    Read more
    Zurich Insurance PLC UK Branch v International Energy Group Limited1 Insurance & Reinsurance  Dispute Resolution  London 
  • Indonesia: mandatory payments by letter of credit and bans on foreign currency transactions, June 2015
    27/05/2015
    Read more
    The enactment of Regulation 4/2015 by the Indonesian Minister of Trade (MOT) introduced a requirement that letters of credit (L/Cs) be used in the export of certain products. Commodities  Asia-Pacific  International Trade Regulation  Finance 
  • Qingdao: judgment in Mercuria v Citigroup in London's Commercial Court, May 2015 (Chinese)
    27/05/2015
    Read more
    今天下午(5月22日,周五),伦敦商事法院对Mercuria v Citigroup 诉讼案下达期盼已久的第一阶段判决。 Commodities  Dispute Resolution  London  Eastern Europe & Russia 
  • Qingdao: judgment in Mercuria v Citigroup in London's Commercial Court, May 2015
    22/05/2015
    Read more
    The much anticipated judgment in the first leg of the Mercuria v Citigroup litigation was handed down this afternoon (Friday 22 May) in the Commercial Court in London. Commodities  Dispute Resolution  London  Eastern Europe & Russia 
  • An update on Directors and Officers liabilities, May 2015
    21/05/2015
    Read more
    In this Briefing: Overview of new Senior Managers Regime for financial institutions; What are the new director compensation orders that the Small Business, Enterprise and Employment Act 2015 will introduce into the Company Disqualification Act 1986? Insurance & Reinsurance  Financial Institutions 
  • Australian coastal trading update, May 2015
    21/05/2015
    Read more
    Further to our previous Briefings on coastal trading1 in which we have commented on the Australian Federal Government’s proposed changes to the current cabotage scheme administered under the Coastal Trading (Revitalising Australian Shipping) Act 2012, at an industry luncheon yesterday, Deputy Prime Minister Warren Truss, Minister for Infrastructure and Regional Development, provided some further details on the proposed reforms which he said were part of the Governments broader reform agenda. Shipping  Asia-Pacific  Melbourne  Sydney  Perth  Commodities  Logistics  Ports & Terminals 
  • Wind farm design risk: landmark decision, May 2015
    18/05/2015
    Read more
    In April 2014 the English courts issued a judgment in the case Højgaard v. E.ON concerning the contractor’s responsibility for the construction and design of the monopiles and transition pieces on the Robin Rigg wind farm. Despite the fact that Højgaard had followed the DNV standard it was found liable for design failures. Højgaard appealed the “first instance” court judgment of Mr Justice Edwards-Stuart, a move which has now been vindicated by the Court of Appeal, which has reversed the original finding. Construction  Energy  Dispute Resolution 
  • Transfer pricing changes announced in the Australian budget, May 2015
    15/05/2015
    Read more
    In his speech to the Australian federal parliament on 12 May 2015 in support of the Bill for the 2015 Budget, Treasurer Hockey announced that with effect from 1 January 2016, OECD transfer pricing documentation standards will apply to multinational corporations with global annual income of AUS$1 billion or more. Asia-Pacific  Melbourne  Sydney  Perth  Shipping  Commodities 
  • Suspect cladding may spark litigation against builders and developers, May 2015
    12/05/2015
    Read more
    Builders, developers, engineers and architects may all be at risk of legal action commenced as a result of the recent testing by the CSIRO which found that certain cladding did not pass Australian combustibility standards and is likely to have been installed in a number of buildings worldwide, including Australia. Construction  Asia-Pacific  Melbourne  Sydney  Perth  Dispute Resolution 
  • Australian coastal trading market update, May 2015
    05/05/2015
    Read more
    Since its introduction in 2012, the Coastal Trading (Revitalising Australian Shipping) Act 2012 (Cth) (the CTA) has been the subject of criticism by the shipping industry. In particular, the manner in which coastal trading is being regulated has caused difficulties for both foreign and Australian based shipowners and charterers seeking flexible and cost effective coastal trading services. Shipping  International Trade Regulation  EU, Competition and Trade Regulatory  Logistics  Commodities  Ports & Terminals  Asia-Pacific  Melbourne  Sydney  Perth 
  • Thailand adopts new International Carriage by Air Act, May 2015
    23/04/2015
    Read more
    From 14 May 2015 the International Carriage by Air Act B.E. 2558 (the Act) comes into force in Thailand. The significance of this legislative development cannot be underestimated. The Act will end the application of the Thai Civil and Commercial Code (the Thai CCC) to both aviation cargo and passenger claims. Whether this is a stepping stone to Thailand becoming a fully fledged state party to the Montreal Convention 1999 (MC99) remains to be seen. Aviation  Asia-Pacific 
  • Beware of time bars, April 2015
    22/04/2015
    Read more
    Q: What is the time limit for bringing a collision claim?
    A: Section 190(3) of the Merchant Shipping Act 1995 (MSA 1995) provides that it is two years from the date the damage or loss was caused.
    Shipping  Insurance & Reinsurance  Dispute Resolution 
  • Iran: no immediate lifting of sanctions; but negotiations under way, April 2015
    21/04/2015
    Read more
    The five permanent members of the United Nations Security Council (China, France, Russia, UK, US) and Germany, met with Iranian officials on 2 April 2015. London  Paris  Brussels  Geneva  Piraeus  Dubai  Shanghai  Hong Kong  Singapore  Melbourne  Sydney  Perth  São Paulo  Alliance Offices  Eastern Europe & Russia  USA & Canada  International Trade Regulation  Financial Institutions  Insurance & Reinsurance  Energy 
  • The wait is over: the UAE Insurance Authority’s new Financial Regulations, April 2015
    15/04/2015
    Read more
    On 28 December 2014, the United Arab Emirates (UAE) Insurance Authority issued the long awaited financial regulations for conventional insurance companies and takaful insurance companies1 (the Financial Regulations). Insurance & Reinsurance  Middle East  Dubai  Financial Services Regulation  Finance 
  • Recherche d'une solution amiable : un préalable obligatoire ?, Avril 2015
    09/04/2015
    Read more
    Le décret n° 2015-282 du 11 mars 2015 relatif à la simplification de la procédure civile, à la communication électronique et à la résolution amiable des différends a modifié les mentions obligatoires de toute demande en justice en obligeant les parties à indiquer “les démarches de résolution amiable précédemment effectuées” (extrait de la notice accompagnant le décret). Ce décret est entré en vigueur le 1er avril 2015. Insurance & Reinsurance  Paris 
  • Throwing the keys back: the measure of damages where Charterers redeliver without sufficient notice, April 2015
    08/04/2015
    Read more
    Time charter redelivery notices are vital for shipowners in planning future employment for their vessels. It is therefore essential that there are clear and simple rules in this area which can be easily applied. However, the judgment in the GREAT CREATION has arguably only muddied the waters in what was already a controversial area. Shipping  Dispute Resolution  USA & Canada 
  • A welcome change for authorised firms: the DFSA’s new client classification regime, March 2015
    25/03/2015
    Read more
    The client classification requirements set by the Dubai Financial Services Authority (DFSA) are changing on 1 April 2015. The changes, originally consulted upon in the DFSA’s September Consultation Paper No. 97 (CP 97) are intended to reflect developments and practice in the financial services industry and are, overall, a welcome change for authorised firms operating in the Dubai International Financial Centre (DIFC). Insurance & Reinsurance  Dubai  Financial Institutions  Finance  Corporate 
  • General Aviation insurance: AVN1D ‘certification’ complete, March 2015
    23/03/2015
    Read more
    After many decades of forming the cornerstone of predominantly General Aviation insurance business, London Aircraft Insurance Policy Form AVN1C is set to be supplanted by a new wording – AVN1D. Following a period of consultation and referral for further consideration, the Aviation Insurance Clauses Group (AICG) agreed and published the current wording of the new policy on 5 August 2014. Aviation  Insurance & Reinsurance  London 
  • Budget 2015: a lifeline in the North Sea? March 2015
    19/03/2015
    Read more
    With the North Sea oil and gas industry under immense pressure following the recent dramatic fall in oil prices and high production costs, the Chancellor of the Exchequer, George Osborne, has used the Budget 2015 to deliver a much needed support package to the industry. Energy  Finance 
  • Countdown to full implementation of the Hong Kong competition ordinance, March 2015
    19/03/2015
    Read more
    The Hong Kong Competition Ordinance (Ordinance) was passed on 14 June 2012 by the Legislative Council. Asia-Pacific  London  Hong Kong  EU, Competition and Trade Regulatory 
  • Oil price shock: consequences and recommended actions, March 2015
    06/03/2015
    Read more
    The recent fall in the oil price has had a significant impact on the oil and gas industry. Widely unpredicted, it is causing increasing distress, without geographical boundaries. Energy  Corporate  Commodities  International Trade Regulation 
  • Troubled waters ahead? Australia to open up coastal trades to international shipping, March 2015
    04/03/2015
    Read more
    In his election victory speech in September 2013, Prime Minister Abbott declared “Australia is under new management and is once more open for business”. Shipping  Ports & Terminals  International Trade Regulation  Commodities  Asia-Pacific  Melbourne  Sydney  Perth  EU, Competition and Trade Regulatory 
  • Regulation of trade in freight derivatives: be prepared, February 2015
    24/02/2015
    Read more
    From 3 January 2017 the MiFID II regulatory reform package will impose major new obligations on businesses dealing in energy, commodities, freight and emissions. MiFID II extends and updates the 2004 Markets in Financial Instruments Directive (MiFID), which sets out the EU’s investment services and markets regime. Commodities  International Trade Regulation  Shipping  Ports & Terminals  Logistics  EU, Competition and Trade Regulatory 
  • The UK Public Contracts Regulations 2015 have arrived, February 2015
    23/02/2015
    Read more
    On 5 February 2015, the UK Government published the Public Contracts Regulations 2015 (SI 2015/102) (the Regulations). The Regulations will enter into force on 26 February 2015 and will only apply to contract award procedures commenced on or after 26 February 2015. EU, Competition and Trade Regulatory  London  Eastern Europe & Russia 
  • Dealing with the changing sanctions landscape, February 2015
    23/02/2015
    Read more
    The sanctions landscape has surely never been more complex and volatile, with escalating sanctions against Russia (and threats of more measures to follow), the ongoing Iran suspension (with uncertainty about the status after 30 June 2015) and mixed messages from the United States about a softening of the American position on Cuba. London  Paris  Brussels  Geneva  Piraeus  Dubai  Shanghai  Hong Kong  Singapore  Melbourne  Sydney  Perth  São Paulo  Alliance Offices  Financial Institutions  Insurance & Reinsurance  Energy  International Trade Regulation  Eastern Europe & Russia  USA & Canada 
  • Shipping pools: a competition law perspective – sink or swim? February 2015
    20/02/2015
    Read more
    In today’s difficult market conditions, it is vital for shipowners to use all available efficiencies. Designing a pool in accordance with competition law is a way for shipowners to achieve those efficiencies and to enable them to “swim” rather than “sink”. EU, Competition and Trade Regulatory  Energy  Shipping  Ports & Terminals 
  • Corporations Act trumps security of payment legislation for insolvent contractors, February 2015
    20/02/2015
    Read more
    A recent Western Australian decision has provided guidance on the limits of an insolvent contractor’s ability to enforce an adjudication determination where the principal has an offsetting claim. Construction  Melbourne  Sydney  Perth  Asia-Pacific  Corporate 
  • Court fees: reforms update, February 2015
    17/02/2015
    Read more
    Amidst controversy, the fees for issuing English High Court proceedings are expected to increase in March 2015. Dispute Resolution  London  Eastern Europe & Russia 
  • Vessels now exposed to 24 month bans from Australian ports: New guidelines published in Marine Notice 03/2015, February 2015
    13/02/2015
    Read more
    In August 2014, the Australian Maritime Safety Authority (AMSA) for the first time exercised its powers under the Navigation Act 2012 to prohibit a foreign flagged ship VEGA AURIGA from using or entering any Australian ports for a period of three months on the grounds of repeated breaches relating to seafarer welfare and maintenance of the ship.
  • Copenship Insolvency, February 2015
    12/02/2015
    Read more
    4 February 2015 saw Copenship A/S, a significant charterer of bulk vessels, and its subsidiary Copenship Bunkers A/S, file for bankruptcy in the Copenhagen Maritime and Commercial Court. Shipping  Dispute Resolution  Restructuring and Insolvency 
  • Direct rights of action against P&I clubs: a growing trend?
    12/02/2015
    Read more
    It is well known that there are a number of International Conventions conferring direct rights of action against liability insurers. Notable examples would include the International Convention on civil liability for oil pollution damage and the International Convention on civil liability for bunker oil pollution damage.
  • OECD Foreign Bribery Report: An Analysis of the Crime of the Bribery of a Foreign Official, February 2015
    06/02/2015
    Read more
    An Analysis of the Crime of the Bribery of a Foreign Official. On 2 December 2014, the OECD published the “OECD Foreign Bribery Report: An Analysis of the Crime of Bribery of Foreign Public Officials” (the Report)1. EU, Competition and Trade Regulatory  London  Africa  Asia-Pacific  Eastern Europe & Russia  Indian Sub-continent  Latin America  Middle East  Scandinavia  USA & Canada 
  • La OCEAN VICTORY: chiarimento della corte d’appello sul concetto di “circostanza eccezionale” inerente la sicurezza di un porto, Febbraio 2015
    03/02/2015
    Read more
    Il caso in questione concerne l’appello alla sentenza emessa lo scorso 30 luglio 2013 (e di cui abbiamo trattato nel nostro Bollettino dello scorso novembre 2013), dove la Corte ha stabilito l’insicurezza del porto ed il conseguente inadempimento da parte dei noleggiatori alla garanzia di porto sicuro, come specificata nel contratto di noleggio. Shipping  Ports & Terminals  Dispute Resolution  Asia-Pacific  Africa 
  • Insurance Bill makes progress through UK legislative process, February 2015
    03/02/2015
    Read more
    On 27 January 2015, the Insurance Bill (the Bill) was sent to a Committee of the House of Commons (UK) following completion of its passage through the House of Lords (UK), during which the Bill was reviewed by a Special Public Bill Committee (the Committee) and some significant amendments were made. Insurance & Reinsurance  Dispute Resolution  Eastern Europe & Russia 
  • State aid: developments in 2014 and an assessment of the London bus lane policy, February 2015
    03/02/2015
    Read more
    This Briefing focuses on the development of EU State aid policy in 2014 and the recent preliminary ruling handed down by the European Union’s Court of Justice (CJ) on whether the London bus lane restricted use policy constitutes State aid. This ruling provides guidance in particular on how to assess whether a measure confers a selective economic advantage. EU, Competition and Trade Regulatory  Dispute Resolution  London  Eastern Europe & Russia 
  • Shipping insolvencies: a Hong Kong perspective, February 2015
    23/01/2015
    Read more
    As the bankruptcy of OW Bunker has shown, insolvency in a shipping context can cause significant, far reaching and immediate legal uncertainty. The interaction of insolvency procedures, jurisdictional issues, and the complex web of contractual relationships involved in shipping insolvencies creates unique practical and legal challenges. In this Briefing, we consider from a Hong Kong perspective some of the practical issues that commonly arise. Shipping  Hong Kong  Asia-Pacific 
  • Abnormal occurrence clarified in the OCEAN VICTORY Court of Appeal decision, January 2015
    23/01/2015
    Read more
    The surprising and somewhat controversial finding in the first instance judgment of the OCEAN VICTORY1 that Kashima Port, a modern and sophisticated port with a first-class safety record, was unsafe was overturned on 22 January 2015 in a judgment handed down by the English Court of Appeal. Shipping  Ports & Terminals  Dispute Resolution  Asia-Pacific  Africa 
  • Polluter pays: financial assurance and regulatory compliance requirements for the Australian offshore petroleum industry, January 2015
    22/01/2015
    Read more
    The Australian Government’s reforms to the offshore petroleum industry continue with the commencement of new regulations to implement ‘financial assurance’ requirements and amendments to the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth) (Act) to provide for the new regulatory compliance regime. Energy  Melbourne  Sydney  Perth  Asia-Pacific  Hong Kong  Dubai  EU, Competition and Trade Regulatory  Insurance & Reinsurance  Finance 
  • Home Building Act amendment: decreased liabilities or fairer playing field? January 2015
    19/01/2015
    Read more
    Home Building Amendment Act 2014 (HBAA) contains significant amendments that will affect all participants in the home building construction industry. Most amendments are effective from 15 January 2015, however, some amendments relating to contracts for residential building work will not take effect until 1 March 2015. Construction  Sydney  London  Paris  Brussels  Geneva  Piraeus  Dubai  Shanghai  Hong Kong  Singapore  Melbourne  Perth  São Paulo  Alliance Offices  Africa  Asia-Pacific  Eastern Europe & Russia  Indian Sub-continent  Latin America  Middle East  Scandinavia  USA & Canada 
  • New corruption convictions in the UK and the USA, January 2015
    14/01/2015
    Read more
    Following our Briefing of 19 December 2014, which focussed on the UK Government's new Anti-Corruption Plan and the conviction of two individuals in December for offences under the Bribery Act 2010 (Bribery Act), we discuss below further convictions obtained by the SFO. We also review some recent convictions under the extra-territorial legislation of the United States of America (US), where we see an example of a company's global liability and the reach of national regulators.
  • Entrée en vigueur du règlement “Bruxelles I bis” – ce qu’il faut savoir, Janvier 2015
    08/01/2015
    Read more
    Les décisions rendues par les juridictions des autres Etats membres européens sont désormais immédiatement exécutoires en France. Insurance & Reinsurance  Paris  Eastern Europe & Russia 
  • Sulphur Emissions: A New Year’s Resolution, January 2015
    06/01/2015
    Read more
    As has been widely reported, 1 January marked the commencement date of new emissions regulations for vessels operating in Emissions Control Areas (ECAs). Following regulation 14 of the IMO’s MARPOL Annex VI, vessels will be obligated to burn bunkers with a maximum 0.1% sulphur content by mass within ECAs, which currently cover the North Sea, Baltic Sea, North American coastline and US Caribbean. Operators who fail to conform with this limit (and cannot demonstrate a defence or mitigating factor under the regulations1) will face financial penalties and possible vessel detention by ECA states.
  • The UK fight against corruption: The UK's Anti-corruption Plan, SFO convictions under the UK Bribery Act and new disclosure obligations in the extractive and logging industries, December 2014
    19/12/2014
    Read more
    This Briefing focuses on three important developments in the UK's fight against corruption: first, the announcement of a UK Anti-corruption Plan; secondly, successful prosecutions under the UK Bribery Act and thirdly, new disclosure obligations in the extractive and logging industries. EU, Competition and Trade Regulatory  London  Eastern Europe & Russia  Paris  Brussels  Geneva  Piraeus 
  • Building and construction industry security of payment regulation amendment – retention trust fund, December 2014
    19/12/2014
    Read more
    On 8 December 2014, the New South Wales Government issued the form of proposed changes to the scheme established under the Building and Construction Industry Security of Payment Act (the Act) by Regulation (the proposed Regulation). The changes have been anticipated since the passage into law in April 2014 of changes to the Act following the New South Wales Government’s qualified adoption of some of the recommendations of the inquiry by Bruce Collins QC into Construction Industry Insolvency in New South Wales. Construction  Asia-Pacific  Sydney  Melbourne  Perth 
  • Good faith, honesty, and reasonableness: goodwill to all? The duty to act in good faith and what it means to act reasonably, December 2014
    18/12/2014
    Read more
    The English courts have historically shown hostility towards the doctrine of good faith in English contract law. It is generally understood that there is no legal principle of good faith in dealings between commercial contractual parties. This is in contrast to many civil law systems, in which there may be an overriding principle that parties must act in good faith in the negotiation of and the performance of contractual obligations. Increasingly, parties are incorporating express terms that each party must act in good faith, but where no such term has been agreed, there is now a question whether a party must discharge his contractual obligations in good faith. We consider this issue together with the concept of what it means to act “reasonably” in this short Christmas Briefing. Commercial  London  Shipping 
  • The Damages Directive and Private Enforcement, December 2014
    17/12/2014
    Read more
    On 5 December 2014, the European Union Directive 2014/104 on rules governing actions for damages (the Directive) was published in the Official Journal. The Directive seeks to provide a right of full compensation for any natural or legal person who has suffered loss due to an infringement of competition law. London  EU, Competition and Trade Regulatory  London  Paris  Brussels  Geneva  Piraeus  Eastern Europe & Russia  Financial Services Regulation 
  • Convention Solas : l’obligation de peser les conteneurs avant chargement bientôt en vigueur, Decembre 2014
    15/12/2014
    Read more
    Le transport par conteneur s’est considérablement développé en quelques décennies seulement. On estime qu’à l’heure actuelle, 5 à 6 millions de conteneurs voyagent quotidiennement en mer. Jusqu’à présent, le poids des conteneurs était uniquement déclaré sur le manifeste par le chargeur sans qu’aucun système de vérification ne soit établi. Ports & Terminals  Shipping  Commodities  International Trade Regulation  Paris 
  • EU sanctions against Russia and Iran
    09/12/2014
    Read more
    On Thursday 4 December, the EU adopted Council Decision 2014/872/CFSP and Council Regulation (EU) No 1290/2014 (the "Amending Regulation"), which amends the sanctions currently in force against Russia. The intention is to clarify the scope and application of the current sanctions against Russia, not to increase them. London  Paris  Brussels  Geneva  Piraeus  Dubai  Shanghai  Hong Kong  Singapore  Melbourne  Sydney  Perth  São Paulo  Eastern Europe & Russia  International Trade Regulation  Energy  Financial Institutions  Insurance & Reinsurance 
  • China-Australia Free Trade Agreement: an Australian perspective, December 2014
    27/11/2014
    Read more
    Following 10 years of discussions, last week China and Australia signed a Declaration of Intent to enter into a Free Trade Agreement (ChAFTA). There is still a way to go before the actual agreement is signed and comes into effect – the forecast is before the end of 2015 – after which the concessions will need to be phased in over a number of years. Commodities  Shipping  Logistics  International Trade Regulation  Energy  Construction  Sydney  Asia-Pacific  Hong Kong  Melbourne  Perth  Shanghai 
  • UK Counter-Terrorism and Security Bill: ransom payments - Part 2, November 2014
    27/11/2014
    Read more
    Further to our Briefing (www.hfw.com/Counter-Terrorism-and-Security-Bill-ransom-payments-November-2014) on Monday 24 November 2014, the draft UK Counter-Terrorism and Security Bill1 has now been published. Shipping  Insurance & Reinsurance  Dispute Resolution  London  Brussels  Paris  Geneva  Piraeus  Dubai  Shanghai  Hong Kong  Melbourne  Singapore  Sydney  Perth  São Paulo 
  • UK Counter-Terrorism and Security Bill: ransom payments, November 2014
    24/11/2014
    Read more
    On Monday 24th November 2014, the Home Secretary, Theresa May, announced the Government's new "Counter-Terrorism and Security Bill" (the Bill), which will be put before Parliament on Wednesday 26th November 2014. The Government hopes to fast-track the Bill through Parliament and enact it into law prior to the next general election (i.e. before May 2015). Shipping  Insurance & Reinsurance  London  Paris  Brussels  Piraeus  Geneva  Dubai  Shanghai  Hong Kong  Singapore  Melbourne  Sydney  Perth  São Paulo  Dispute Resolution 
  • CSG in Australia, November 2014
    17/11/2014
    Read more
    On 13 November 2014, the New South Wales (NSW) government announced two important developments in relation to coal seam gas: Sydney  Melbourne  Perth  Energy  Mining  Projects 
  • Hijacked by Somali pirates: additional liabilities for cargo interests, November 2014
    12/11/2014
    Read more
    In October 2014, the English High Court handed down an unfavourable judgment for cargo owners and their insurers in the context of Somali piracy 1. Stephen Hofmeyr QC, sitting as Deputy High Court Judge, ruled that additional classes of expense – beyond that typically allowed by current General Average adjusting practice, could be recovered by shipowners from cargo interests. This included wages paid to crew and bunkers consumed during the period of a Somali hijack. Shipping  Dispute Resolution  London  Paris  Brussels  Geneva  Piraeus  Dubai  Shanghai  Hong Kong  Singapore  Melbourne  Sydney  Perth  São Paulo 
  • Regulations for secondary listings relaxed by SGX, November 2014
    12/11/2014
    Read more
    Following a public consultation in June this year, on 3 November 2014 the Singapore Exchange (SGX) introduced a new regulatory framework governing secondary listings. The new approach removes the requirement for additional oversight and continuing listing obligations for companies applying for a secondary listing who have their primary listing in a developed jurisdiction (the definition of this phrase is discussed below). Hong Kong  Asia-Pacific  Corporate  Singapore  London  Construction  Commodities  Energy  Financial Institutions  Logistics  Mining  Shipping 
  • The LNG sale and purchase agreement, November 2014
    05/11/2014
    Read more
    Since the opening of Singapore’s first Liquefied Natural Gas (LNG) terminal in May 2013, the city state has been set to become a regional LNG hub, and the LNG market a major economic driver for the Singaporean economy. Singapore  Commodities  Energy  Ports & Terminals  Logistics  International Trade Regulation  Shipping 
  • Terrorism on the high seas, November 2014
    05/11/2014
    Read more
    A recent on-line Al Qaeda propaganda publication has once again highlighted the potential threat posed to global shipping by terrorism. The inaugural edition of “Resurgence” contains an article ominously entitled “On targeting the Achilles Heel of Western Economies”. Shipping  Energy  Commodities 
  • Market volatility driving oil prices, November 2014
    30/10/2014
    Read more
    Crude oil prices have fallen to their lowest point in recent years due to weak demand and rising supply. Brent crude is in the mid-US$80s, which is roughly a 25% fall from US$115 in June 2014. Meanwhile, West Texas Intermediate (WTI) is hovering in the low-US$80s, having briefly dipped below the US$80 mark in mid-October 2014. Energy  Commodities  USA & Canada  Dispute Resolution  London 
  • Mediation: time for something new, October 2014
    28/10/2014
    Read more
    The International Cotton Association (ICA) has announced that it will soon offer a mediation service. It is hoped that this new offering will help ICA members reach amicable settlements of their claims. Ultimately, the ICA hopes that this will not only lead to fewer unfulfilled awards but will also, in the long run, reduce the number of claims resorting to arbitration. Commodities  Dispute Resolution 
  • La limitation de responsabilité du propriétaire de navire conforme à la Constitution, Octobre 2014
    23/10/2014
    Read more
    Depuis 2010, tout justiciable peut, dans le cadre d’une instance à laquelle il est partie, solliciter du Conseil constitutionnel l’abrogation d’un texte législatif qui porterait atteinte aux droits et libertés que la Constitution garantit. Shipping  Paris 
  • Entrée en vigueur effective de l'action de groupe, Octobre 2014
    21/10/2014
    Read more
    Attendue depuis longtemps, la loi dite "Hamon" du 17 mars 2014 relative, entre autres, à l'action de groupe, est pleinement entrée en vigueur le 1er octobre dernier, date de prise d'effet de son décret d'application. Aviation  Paris 
  • Proposed joint ventures in Indonesia, October 2014
    16/10/2014
    Read more
    A joint venture (JV) arrangement with an Indonesian partner is an effective and, from a regulatory perspective, often the most straightforward method of developing operations in Indonesia. In particular, a JV helps to restrict, as far as possible, the application of the Indonesian cabotage laws to a company’s business. Corporate  Finance  Shipping  Asia-Pacific  Commercial  Energy  Financial Institutions 
  • Ebola causing a headache for airlines, October 2014
    13/10/2014
    Read more
    With the rapid spread of the deadly Ebola virus bringing people out in a cold sweat, airlines may be concerned about their potential exposure to claims. Drawing on our experience of previous worldwide health threats, such as Swine Flu, SARS and tuberculosis, we consider the real extent of airlines’ exposure. Aviation  Dispute Resolution  Insurance & Reinsurance  London  Paris  Brussels  Dubai  Hong Kong  Singapore  Sydney  São Paulo  Africa 
  • The arrest of the ship CHOU SHAN: Full Federal Court of Australia considers forum non conveniens principles and loss of juridical advantage, October 2014
    08/10/2014
    Read more
    In the recent appeal decision of CMA CGM SA & Anor v the ship CHOU SHAN1 which concerned the arrest of the MV CHOU SHAN in relation to claims arising from a collision involving the ship, the Full Court of the Federal Court of Australia unanimously dismissed an appeal by the arresting party which sought to set aside orders staying its proceedings on forum non conveniens grounds. The collision had occurred in China’s exclusive economic zone and Australian jurisdiction had been seized by the arresting party through the mechanism of arrest at a time when liability proceedings were pending in China, where the owners of the arrested vessel had applied to establish a limitation fund. Asia-Pacific  Melbourne  Perth  Sydney  Shipping  Dispute Resolution 
  • Ship ban: new AMSA CEO changes course, October 2014
    30/09/2014
    Read more
    The Australian Maritime Safety Authority (AMSA) has appointed a twenty year veteran and former Deputy CEO of the authority, Mick Kinley, as its new Chief Executive. Melbourne  Sydney  Perth  Asia-Pacific  Shipping  Ports & Terminals 
  • Proposed overhaul of Australian competition law in the shipping liner trade, September 2014
    25/09/2014
    Read more
    In 2011, the Australian Government ushered in a raft of changes to the country’s competition and consumer laws culminating in the renaming of the Trade Practices Act 1974 (Cth) (TPA) as the Competition and Consumer Act 2010 (CCA) and the enactment of the new Australian Consumer Law (ACL). At the time, Part X of the TPA – which in broad terms exempted shipping lines from most of the anti-competitive provisions of the TPA – was carried over into the CCA and therefore remained intact. That was so despite recommendations made by the Australian Productivity Commission in 2005 and later in 2012 for Part X to be repealed1. The current exemption may soon be wound back following publication this week of a Draft Report by the Review Panel constituted under The Australian Government Competition Policy Review recommending the repeal of Part X. Shipping  Ports & Terminals  Commodities  EU, Competition and Trade Regulatory  Asia-Pacific  Melbourne  Sydney  Perth  International Trade Regulation 
  • Ebola : conséquences contractuelles, Septembre 2014
    23/09/2014
    Read more
    L'épidémie d'Ebola qui se propage en Afrique de l'Ouest (notamment en Guinée, Libéria, Sierra Leone et Nigéria) n'est pas sans conséquence sur l'exécution des transports et des ventes à destination de cette zone. Shipping  Africa  Paris  Commodities  Dispute Resolution  Ports & Terminals 
  • Mandatory industry code of conduct for access to Australian bulk wheat port terminal facilities
    22/09/2014
    Read more
    On 19 September 2014, the Australian Federal Government announced a mandatory code of conduct for Australian bulk grain export terminals under the Competition and Consumer Act 2010 (the new Code). Ports & Terminals  Commodities  EU, Competition and Trade Regulatory  Melbourne  Sydney  Perth  Asia-Pacific  Shipping 
  • Australian Government to overhaul coastal cabotage regime, September 2014
    18/09/2014
    Read more
    In an interview with The Australian newspaper yesterday (Wednesday 17 September 2014), Australia's Deputy Prime Minister and Minister for Infrastructure and Regional Development, Mr Warren Truss, indicated that there will be a streamlining of the cabotage regime introduced under the previous (Labour) Government's coastal shipping reforms in order to introduce greater flexibility for the carriage of cargo around the Australian coast on internationally flagged vessels. Asia-Pacific  Melbourne  Sydney  Perth  Shipping  Commodities  London  Paris  Brussels  Geneva  Piraeus  Dubai  Shanghai  Hong Kong  Singapore 
  • Coal trade: the impact of the changing regulatory framework in Asia-Pacific, September 2014
    17/09/2014
    Read more
    New regulations on Indonesian coal exports and PRC coal imports are due to come into force in the coming months. These new regulations will impose tighter restrictions on traders who export coal out of Indonesia and/or import coal into the PRC. Traders should carefully consider the impact of the more onerous licensing requirements imposed on coal exporters by the Indonesian government from 1 October 2014 onwards, as well as how their business may be affected by the new import quality restrictions imposed by the Chinese government from 1 January 2015 onwards. Mining  Commodities  Shipping  International Trade Regulation  Dispute Resolution  Singapore  Asia-Pacific  Energy  London  Hong Kong  Shanghai  Melbourne  Sydney  Perth  Geneva  Paris 
  • Sanctions: more pressure on Russia
    12/09/2014
    Read more
    As widely anticipated, further EU sanctions were adopted today, and businesses with trading or other links with Russia need to check carefully that the latest restrictions do not affect them. International Trade Regulation  London  Energy  Financial Institutions  Insurance & Reinsurance  Paris  Brussels  Geneva  Piraeus  Dubai  Shanghai  Hong Kong  Singapore  Melbourne  Sydney  Perth  São Paulo  Alliance Offices  Eastern Europe & Russia 
  • PRC tax: the impact of recent developments on international shipping, September 2014
    04/09/2014
    Read more
    Recent developments in PRC tax law in relation to international transportation have caused a certain amount of consternation amongst international owners and operators of seagoing vessels doing business in China1. This Briefing offers a brief practical guide to these developments. Asia-Pacific  Shipping  Shanghai  Hong Kong  Commercial  Corporate  Logistics 
  • Ebola: Rischi e Conseguenze nel Settore Marittimo, Agosto 2014
    28/08/2014
    Read more
    Lo scoppio dell’ebola nell’Africa occidentale pone vari possibili problemi per lo shipping, soprattutto per le navi che fanno scalo nei Paesi maggiormente a rischio. Shipping  Africa  Ports & Terminals  Commodities  Dispute Resolution  London 
  • Sanctions update: Swiss sanctions against Russia, August 2014
    28/08/2014
    Read more
    On 27 August, Switzerland extended sanctions against Russia. The purpose of the Ordinance is to ensure that the most recent sanctions imposed by the European Union cannot be circumvented via Swiss territory. International Trade Regulation  Geneva  Financial Institutions  Energy 
  • Changes to the PRC's State Administration of Foreign Exchange (SAFE) Rules: a new dawn for the provision of cross-border guarantees and security? August 2014
    18/08/2014
    Read more
    The purpose of the SAFE Rules, applicable to guarantees and security, has always been to monitor, and in the past limit, the giving of cross-border guarantees or security. This was ostensibly to control large capital flows into and out of the People’s Republic of China (PRC) (such foreign exchange controls being common in developing countries). As the PRC economy matures, and indeed acts as the world’s growth engine, the SAFE Rules are unsurprisingly relaxed. Shipping  Corporate  Ports & Terminals  Hong Kong  Shanghai  Asia-Pacific 
  • Court rules on the interpretation of Clause 8 of GAFTA 49, August 2014
    05/08/2014
    Read more
    Judgment was recently handed down in Nidera B.V. v Venus International Free Zone for Trading & Marine Services S.A.E. (19 June 2014). This was the appeal of Nidera B.V. (Nidera) from a GAFTA Arbitration Appeal Award under section 69 of the Arbitration Act 1996. The case raises an interesting issue as to the buyer’s right to extend the delivery period under Clause 8 of GAFTA 49. Commodities  Shipping  Ports & Terminals 
  • EU sanctions related to Ukraine: tightening the screw
    01/08/2014
    Read more
    In a sign that governments in the EU and US are increasingly losing patience with the situation in Ukraine, and that they see sanctions and other trade restrictions as a useful tool to put pressure on Mr Putin and others, three sets of further EU restrictions were imposed this week – two on 30 July and one on 31 July. International Trade Regulation  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  Energy  Financial Institutions  Insurance & Reinsurance  Shipping 
  • Sanctions: Russia under pressure as Iran discussions continue, July 2014
    25/07/2014
    Read more
    Sanctions continue to be a hot topic, driven by the terrible events in Ukraine, but also by signs of progress in discussions with Iran. International Trade Regulation  London  Paris  Brussels  Geneva  Piraeus  Dubai  Shanghai  Hong Kong  Singapore  Melbourne  Sydney  Perth  São Paulo  Alliance Offices 
  • Treatment of PCASP under the Maritime Labour Convention, July 2014
    16/07/2014
    Read more
    The Maritime Labour Convention 2006 (the MLC) came into force on 20 August 2013. The UK became the 41st International Labour Organisation (ILO) Member State to ratify the MLC, having done so on 7 August 2013. The UK’s ratification brought with it Bermuda, Cayman Islands, Gibraltar and the Isle of Man, and will become law in the UK and those territories on 7 August 2014. Shipping  London  Latin America  USA & Canada  Middle East  Africa  Asia-Pacific  Paris  Geneva  Piraeus  Dubai  Shanghai  Hong Kong  Singapore  Melbourne  Sydney  Perth 
  • Lutte contre la piraterie maritime : l’adoption du projet de loi autorisant la présence de gardes armés à bord des navires battant pavillon Français, Juillet 2014
    04/07/2014
    Read more
    Le parlement a définitivement adopté le 19 juin 2014, par un vote unanime de l’Assemblée nationale, le projet de loi autorisant la présence de gardes armés à bord des navires battant pavillon français dans les zones de piraterie. Ce texte avait été adopté en des termes légèrement différents en avril-mai, puis a fait l’objet d’un accord en commission mixte paritaire le 21 mai 2014. Paris  Shipping 
  • The Insurance Bill, July 2014
    01/07/2014
    Read more
    On 17 July 2014, the Insurance Bill (the Bill) was introduced into the UK Parliament. The Bill proposes to reform areas such as disclosure in business insurance, warranties and an insurer’s remedies for fraudulent claims. The Bill will introduce new law (replacing the existing common law) and will also amend parts of the Marine Insurance Act 1906 (the MIA 1906). Insurance & Reinsurance  Eastern Europe & Russia  Asia-Pacific  Dispute Resolution 
  • Ukraine: sanctions still on the agenda, June 2014
    30/06/2014
    Read more
    On 24 June 2014, the EU demonstrated its willingness to impose further measures as a result of continuing developments in Crimea and Ukraine. Whilst the economic impact of these measures may be limited (see below), they do show that sanctions are very much still on the political agenda, and they emphasise the need for businesses with significant trading or commercial relationships with Crimea, Ukraine or Russia, to continue carefully to monitor the situation. Ports & Terminals  Financial Institutions  Commodities  Ports & Terminals  Insurance & Reinsurance  International Trade Regulation  London  Paris  Brussels  Geneva  Piraeus  Dubai  Shanghai  Hong Kong  Singapore  Melbourne  Perth  Sydney  São Paulo  Alliance Offices 
  • Cotton on: the ICA gets tough on defaulters, July 2014
    30/06/2014
    Read more
    The International Cotton Association (ICA) has voted in new changes to the ICA Bylaws & Rules, to take effect from 1 June 2014. Commodities  International Trade Regulation 
  • Prescription des actions contre les constructeurs : a propos de l'interprétation de l'article 1792-4-3 du Code civil, Juin 2014
    23/06/2014
    Read more
    Alors que les délais d’action à l’encontre des constructeurs avaient vocation à être uniformisés, il semble que ni le point de départ de certaines de ces actions (date de réception, connaissance des faits), ni même le délai pour agir à leur encontre (cinq ans ou dix ans) ne soient aujourd’hui clairement définis. L’analyse des décisions rendues par les juridictions administratives et judiciaires en témoigne. Construction  Paris 
  • Rioting our way to a change in the law…, June 2014
    20/06/2014
    Read more
    In the recent case of Mitsui Sumitomo Insurance Co (Europe) Ltd & Ors. v Mayor’s Office for Policing and Crime1, the English Court of Appeal considered the question of whether or not the Mayor of London’s Office for Policing and Crime (MOPC) was liable under the Riot Damages Act 1886 for losses suffered by the victims and their insurers as a result of a fire deliberately caused at a warehouse during the 2011 London riots by a gang of approximately 20-25 people. In particular, the issues for the court to consider on appeal were: (i) whether or not the original trial judge had been correct in his finding that the incident was within the scope of the 1886 Act; and (ii) whether or not liability under the 1886 Act extends to consequential losses and not just to the direct physical damage to the property in question. Insurance & Reinsurance  London  Dispute Resolution 
  • Conditional approval for Hutchinson 3G and O2, June 2014
    18/06/2014
    Read more
    Mergers between mobile network operators (MNOs) active in the same Member State always throw up interesting competition aspects. The latest, Hutchinson 3G/O2, recently approved, subject to commitments by the European Commission, is no exception. EU, Competition and Trade Regulatory  London 
  • GA security: pay now, argue later, June 2014
    13/06/2014
    Read more
    The recent case of St Maximus Shipping Co. Ltd v A.P. Moller-Maersk A/S1 is the latest in a run of judgments regarding the effect of guarantee instruments. In the context of general average (GA), the decision will be of particular interest to adjusters, owners, insurers and admiralty practitioners alike, and should be borne in mind when negotiating the wording of GA security. Shipping  Insurance & Reinsurance  Dispute Resolution 
  • Amendments to the Australian Insurance Contracts Regulations 1985 – duty of disclosure, June 2014
    12/06/2014
    Read more
    A duty is imposed on insureds to disclose to the insurer, matters that are relevant to the insured’s decision to accept the risk and if so on what terms. The duty is imposed up to the time that the contract incepts. If the insured fails to disclose relevant matters to the insurer as required, the insurer then has the opportunity to deny or reduce indemnity or cancel the policy completely, depending on the circumstances of the non-disclosure. In order to rely on this opportunity, the insurer is required to inform the insured of the duty of disclosure. Asia-Pacific  Insurance & Reinsurance  Melbourne  Sydney  Perth 
  • The new Indonesia Investment Negative List
    27/05/2014
    Read more
    Is it really positive and how will it affect maritime, mining and energy businesses?
    At the end of April1, the Indonesian Government enacted the new investment Negative List (also known as Daftar Negatif Investasi) specifying business activities which are either entirely closed or conditionally open to foreign investment.
    Asia-Pacific  Commercial  Energy  Shipping  Ports & Terminals  Mining  Singapore 
  • The use of VDR information in Australia
    21/05/2014
    Read more
    The International Convention for the Safety of Life at Sea 1974 (SOLAS) Chapter V Regulation 20 requires ships of a certain type and size to carry onboard a Voyage Data Recorder (VDR). Shipping  Dispute Resolution  Asia-Pacific  Melbourne 
  • To stay or not to stay?
    21/05/2014
    Read more
    Federal Court of Australia revisits 'forum non conveniens' principles in collision cases Shipping  Ports & Terminals  Insurance & Reinsurance  Dispute Resolution  Asia-Pacific  USA & Canada 
  • Corporate Transparency and Accountability Update
    14/05/2014
    Read more
    In our September 2013 Corporate & Commercial Briefing we reported on and discussed the UK Government’s proposals to improve corporate transparency and public confidence in the financial sector. Corporate  Commercial  Finance  London 
  • Insurance regulation in Hong Kong: a paradigm shift
    28/04/2014
    Read more
    Hong Kong's Insurance Companies (Amendment) Bill 2014 was gazetted on Friday 25 April 2014 and presented to the Legislative Council (LegCo) for a first reading on 30 April 2014, representing a paradigm shift in insurance regulation in Hong Kong. Insurance & Reinsurance  London  Hong Kong  Asia-Pacific 
  • Container detention: back on the agenda?
    08/04/2014
    Read more
    Following the High Court of Australia decision in Andrews v ANZ Banking Group Limited1 (Andrews), on 5 February 2014, Justice Gordon of the Federal Court of Australia delivered a judgment in Paciocco v ANZ Banking Group Limited2 (Paciocco) which may have implications for the shipping industry with respect to container detention fees. Dispute Resolution  Shipping  Ports & Terminals  Asia-Pacific  Melbourne  London  Paris  Brussels  Geneva  Piraeus  Dubai  Shanghai  Hong Kong  Singapore  Sydney  Perth  São Paulo  Alliance Offices  Financial Institutions 
  • India applies modified Montreal Convention 1999 to domestic carriage
    04/04/2014
    Read more
    Since the Montreal Convention 1999 (MC99) came into force in India on 30 June 2009, clarity on whether its provisions would also apply to domestic carriage within India has been awaited. Following the publication of an official Gazette Notice on 17 January 2014, the Indian government has confirmed that, as from the date of that Gazette Notice, a modified version of MC99 will apply to domestic carriage within India. Aviation  Singapore  Indian Sub-continent  Insurance & Reinsurance  Dispute Resolution 
  • A propos du nouveau règlement du CEFAREA
    28/03/2014
    Read more
    Le Centre Français d’Arbitrage de Réassurance Et d’Assurance (CEFAREA), vient de se doter d’un nouveau règlement d’arbitrage qui intègre la refonte du droit français de l’arbitrage résultant de l’entrée en vigueur du décret du 13 janvier 2011 et qui opte, délibérément, pour l’amiable composition. Paris  Insurance & Reinsurance 
  • Ukraine-related sanctions: what comes next?
    27/03/2014
    Read more
    With limited signs of diplomatic progress in Ukraine, despite the imposition of multiple phases of sanctions by the EU, US and other countries, including Switzerland, Australia and Canada, businesses which trade with Russia or Ukraine need to plan against the risk that further sanctions could be imposed if there is any escalation of the current crisis. International Trade Regulation  Commodities  Shipping  Financial Institutions  Insurance & Reinsurance  London  Paris  Brussels  Geneva  Piraeus  Dubai  Shanghai  Hong Kong  Singapore  Melbourne  Sydney  Perth  São Paulo  Alliance Offices  Eastern Europe & Russia 
  • Implications of breaching an employment agreement
    25/03/2014
    Read more
    In the matter of Bayley & Associates Pty Ltd v DBR Australia Pty Ltd (2013) FCA 1341, the Court served to emphasise that the contractual obligations of an employment agreement are important and that an employee’s conduct which breaches the common law duties of fidelity and confidence won’t be tolerated. Commercial  Employment, Immigration and Personal Injury  London  Paris  Brussels  Geneva  Piraeus  Dubai  Shanghai  Hong Kong  Singapore  Melbourne  Sydney  Perth  São Paulo  Alliance Offices  Asia-Pacific 
  • Landmark English Court of Appeal decision upholds admissibility of accident investigation reports in civil proceedings
    21/03/2014
    Read more
    In a landmark case, the English Court of Appeal has affirmed the High Court’s decision in Rogers v Hoyle that accident reports prepared by the UK’s Air Accidents Investigation Branch (AAIB) are admissible as evidence in civil proceedings. Aviation  Dispute Resolution  London  Paris  Brussels  Geneva  Piraeus  Dubai  Shanghai  Hong Kong  Singapore  Melbourne  Sydney  Perth  São Paulo  Alliance Offices 
  • EU ETS update: the compliance conundrum
    10/03/2014
    Read more
    The EU’s Emissions Trading Scheme (ETS) continues to be one of the most controversial topics on the regulatory agenda, particularly so as the April 2014 deadline for surrendering allowances looms large amid persistent uncertainty over how the scheme operates at present and what further amendments are expected in the near future. This Briefing gives an overview of recent developments at ICAO, the Commission’s proposal to further amend the ETS (including international reaction to it) and then considers what carriers should be doing now in order to comply with their regulatory obligations. Aviation  EU, Competition and Trade Regulatory  London  Paris  Rouen  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  Dispute Resolution 
  • Ukraine: the latest on sanctions
    07/03/2014
    Read more
    Our Briefing earlier this week alerted readers to the possibility of targeted sanctions being imposed by, amongst others, the EU and the US against individuals and interests in Ukraine, and possibly Russia. International Trade Regulation  London  Paris  Brussels  Geneva  Piraeus  Dubai  Shanghai  Hong Kong  Singapore  Melbourne  Sydney  Perth  São Paulo  Alliance Offices  Eastern Europe & Russia 
  • Venezuela: airlines required to sell travel insurance
    06/03/2014
    Read more
    On 5 February 2014, Regulation 008 from the Venezuelan Ministry of Popular Power for Tourism (MPPT) was published in the Venezuelan Official Gazette. It obliges airlines (and other transportation companies) to “request and offer” all passengers travelling to and from Venezuela a compulsory insurance plan covering medical expenses, loss, theft and robbery of baggage. Aviation  Latin America  São Paulo  London  Insurance & Reinsurance  Travel, Cruise & Leisure 
  • Ukraine: what sanctions might be imposed?
    03/03/2014
    Read more
    As the situation in the Ukraine continues to deteriorate, all eyes are focused on how governments around the world will react. While the primary focus is of course on the unfolding political and humanitarian developments, those commercial organisations with trading links to the Ukraine should be aware that the situation could impact on their operations in the country, depending on how it develops. International Trade Regulation  Ports & Terminals  Shipping  Insurance & Reinsurance  Commodities  Energy  Logistics  Financial Institutions  London  Paris  Brussels  Geneva  Piraeus  Dubai  Hong Kong  Shanghai  Hong Kong  Singapore  Melbourne  Sydney  Perth  São Paulo  Alliance Offices  Eastern Europe & Russia 
  • Financial Ombudsman Service
    24/02/2014
    Read more
    The Court of Appeal has recently resolved inconsistencies as to whether awards made by the Financial Ombudsman Service were final such that complainants could not issue further legal proceedings for amounts in excess of the maximum award permitted. Financial Services Regulation  Dispute Resolution  Financial Institutions  Insurance & Reinsurance  Finance  London 
  • Directors' defence costs: New Zealand Supreme Court allows Bridgecorp appeal
    03/02/2014
    Read more
    We have previously reported on the high profile Bridgecorp decisions of the High Court and Court of Appeal of New Zealand. The NZ Supreme Court (the country’s highest court) has recently provided the latest instalment of this saga in a decision1 which was an unwelcome Christmas present for directors and officers (and other professionals insured under defence costs-inclusive liability policies) in New Zealand who, as a result, may not be able to access defence costs cover where the amounts claimed exceed the limits in combined limit policies. Melbourne  Sydney  London  Asia-Pacific  Eastern Europe & Russia  Dispute Resolution  Insurance & Reinsurance  Perth 
  • Indonesian mining - get your smelter ready
    31/01/2014
    Read more
    Three newly enacted regulations1 implementing a ban on exporting raw or unprocessed minerals have hit the Indonesian mining sector. These new mining regulations originate from the Indonesia mining law passed in 2009, which required raw minerals or ores to be processed and purified domestically prior to export with the object of increasing the value of raw/unprocessed minerals before sale overseas or export. London  Paris  Rouen  Brussels  Geneva  Piraeus  Dubai  Shanghai  Hong Kong  Singapore  Melbourne  Sydney  Perth  São Paulo  Alliance Offices  Asia-Pacific  Mining  Commodities 
  • Suspension of Iran sanctions - a golden opportunity?
    30/01/2014
    Read more
    The announcement on 20 January 2014 of a suspension of some of the EU and US sanctions against Iran demonstrated the tangible results of many hours of highly-charged diplomacy, and showed that some form of deal with Iran was possible. International Trade Regulation  Energy  Financial Institutions  Commodities  Insurance & Reinsurance  Ports & Terminals  Shipping  London  Paris  Rouen  Brussels  Geneva  Piraeus  Dubai  Shanghai  Hong Kong  Singapore  Melbourne  Sydney  Perth  São Paulo  Alliance Offices 
  • Polluter pays: ongoing regulatory changes for the Australian offshore petroleum industry
    22/01/2014
    Read more
    The Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth) (Act) is the primary federal statute for offshore oil and gas activities. Changes to the Act took effect on 29 November 2013 and now all proponents who apply for Australian petroleum titles must maintain “financial assurance”. Melbourne  Sydney  Perth  Energy  Corporate  Asia-Pacific  Hong Kong  Dubai  Finance  Insurance & Reinsurance  EU, Competition and Trade Regulatory 
  • Are you a 'professional'?
    17/01/2014
    Read more
    The recent Australian Federal Court decision of 470 St Kilda Road v Robinson1 has significant implications for insurers and insureds alike, in relation to the coverage of project managers for professional liability. Dispute Resolution  Construction  Melbourne  Sydney  Perth 
  • Offshore petroleum industry: amendments to environmental management regulations
    11/12/2013
    Read more
    On 6 December 2012, the Australian Federal Government released an Exposure Draft of proposed amendments to the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009 (the Environment Regulations). London  Dubai  Hong Kong  Singapore  Melbourne  Sydney  Perth  Energy  Corporate  Asia-Pacific 
  • Indonesian language in contracts - a strict requirement
    22/11/2013
    Read more
    Indonesian Court declares that a contract that is not drafted in the Indonesian language is null and void. London  Paris  Brussels  Geneva  Piraeus  Dubai  Shanghai  Hong Kong  Singapore  Melbourne  Sydney  Perth  São Paulo  Alliance Offices  Asia-Pacific  Commercial 
  • Good faith and (re)insurance contracts in the United Arab Emirates
    21/11/2013
    Read more
    Holman Fenwick Willan recently acted on behalf of an insurer in a landmark case in the UAE courts concerning breaches of the duty of good faith1: the insurer successfully counter-claimed against an assured in the Abu Dhabi Courts for rescission of a marine hull insurance policy on the grounds that the assured failed to properly disclose and/or misrepresented its previous claims history in the proposal form at the time of placement. London  Paris  Brussels  Geneva  Piraeus  Dubai  Hong Kong  Singapore  Melbourne  Sydney  Perth  São Paulo  Alliance Offices  Insurance & Reinsurance  Middle East  Shipping  Dispute Resolution 
  • Tightening the reins on case management
    20/11/2013
    Read more
    In-house counsel will need to be aware of this latest decision of the High Court which requires legal advisers to think carefully before launching interlocutory applications. London  Paris  Rouen  Brussels  Geneva  Piraeus  Dubai  Shanghai  Hong Kong  Singapore  Melbourne  Sydney  Perth  São Paulo  Alliance Offices  Asia-Pacific  Dispute Resolution 
  • English Commercial Court decision erodes State immunity defence
    20/11/2013
    Read more
    In a case set to have significant impact for international traders seeking to rely on immunity defences, the English Commercial Court has held that Iraq’s national oil trading company, SOMO, has a separate corporate status from the Iraqi State and is therefore not entitled to rely on State immunity to avoid payment of a final arbitration award of US$9 million. London  Paris  Brussels  Geneva  Piraeus  Dubai  Shanghai  Hong Kong  Singapore  Melbourne  Sydney  Perth  São Paulo  Alliance Offices  Eastern Europe & Russia  Middle East  Dispute Resolution  Energy 
  • China’s future Market Economy Status: recent developments
    14/11/2013
    Read more
    On 7 November 2013, Commissioner De Gucht announced in a speech before the European Parliament that China will receive Market Economy Status in 2016. This statement came in the aftermath of a judgment issued by the EU’s General Court in Rusal Armenal ZAO v Council of the European on 5 November 2013, concerning the EU’s practice of treating some WTO members as non-market economies. Both developments are important since some commentators have in recent years cast doubts about China’s future Market Economy Status. London  Paris  Brussels  Geneva  Piraeus  Dubai  Shanghai  Hong Kong  Singapore  Melbourne  Sydney  Perth  São Paulo  Alliance Offices  International Trade Regulation  EU, Competition and Trade Regulatory  Asia-Pacific 
  • Effective use of insurance policies for capital mitigation
    04/11/2013
    Read more
    For the purpose of Basel II and III (and the First Pillar), banks are required to calculate their minimum capital requirements for credit risk, operational risk and market risk. London  Paris  Brussels  Geneva  Piraeus  Dubai  Shanghai  Hong Kong  Singapore  Melbourne  Sydney  Perth  São Paulo  Insurance & Reinsurance  Finance  Financial Institutions  Corporate  International Trade Regulation  Commercial 
  • Sanctions Update: dealing with changes to the landscape
    23/10/2013
    Read more
    Keeping abreast of sanctions against Iran has never been more difficult, with a host of changes over the past few weeks, and more anticipated in the weeks ahead. This Briefing focuses on two recent changes which relate to the EU asset freeze and which will have an impact on companies worldwide that are engaged in any direct or indirect trade with Iran. International Trade Regulation  Energy  Financial Institutions  Commodities  Insurance & Reinsurance  Ports & Terminals  Shipping  London  Paris  Rouen  Geneva  Brussels  Dubai  Shanghai  Hong Kong  Singapore  Melbourne  Perth  Sydney  São Paulo  Alliance Offices 
  • Indonesia oil and gas - time for (another) reformation
    07/10/2013
    Read more
    Another corruption scandal in Indonesia has shocked the international oil and gas industry. On 13 August 2013, the head of Indonesia’s upstream oil and gas regulator (or the Special Task Force for Upstream Oil and Gas Business Activities (SKKMigas)), Rudi Rubiandini, was arrested by the Corruption Eradication Commission (or the KPK) for allegedly accepting a bribe worth more than US$700,000 from Kernel Oil, a Singapore-based oil trading company. Energy  Commercial  International Trade Regulation  Singapore  Asia-Pacific 
  • Full Federal Court rules that London arbitration clauses in voyage charterparties are valid and enforceable in Australia
    04/10/2013
    Read more
    In a very recent appeal decision that will be welcomed worldwide by both shipowners and charterers involved in the export and import of cargoes to and from Australia, the Full Court 1 of the Federal Court of Australia has held in the case of Dampskibsselskabet Norden A/S v Gladstone Civil Pty Ltd2 that a London arbitration agreement contained in a voyage charterparty was not rendered ineffective by reason of section 11 of the Carriage of Goods by Sea Act 1991 (Cth) (COGSA). Shipping  Dispute Resolution  Asia-Pacific  Melbourne  Sydney  Perth  London 
  • Trouble in Suez? What if...?
    17/09/2013
    Read more
    Following the heightening of tensions in the Sinai region and the recent terrorist attack on the “Cosco Asia” whilst transiting the Suez Canal, it has been reported that some 80,000 Egyptian troops have been deployed to ensure that Canal security remains tight and transits remain unaffected. Shipping  Insurance & Reinsurance  Middle East  London  Ports & Terminals 
  • Actualité – L’ Annexe environnementale au bail
    17/09/2013
    Read more
    L’article L.125-9, 1° du Code de l’environnement instauré par la loi n°2010-788 du 12 juillet 2010 dite “loi Grenelle II” a rendu obligatoire l’établissement d’une annexe environnementale pour les baux portant sur des locaux de plus de 2000 mètres carrés à usage de bureaux ou de commerces. Paris  Rouen  Construction  Corporate 
  • Révision de la directive sur les voyages à forfait
    05/09/2013
    Read more
    Par un communiqué du 9 juillet 2013, la Commission européenne a annoncé la révision en cours de la Directive européenne de 1990 (Directive 90/314/CEE du Conseil, du 13 juin 1990), concernant les voyages, vacances et circuits à forfait transposée par la France par la loi du 13 juillet 1992 aujourd’hui codifiée sous les articles L 211-1 et suivants du Code du tourisme. Travel, Cruise & Leisure  Paris  Rouen 
  • New EU disclosure requirement for resources companies - is there light at the end of the tunnel?
    04/09/2013
    Read more
    Will your company be affected by the new EU disclosure requirement in relation to transparency? EU, Competition and Trade Regulatory  Singapore  Energy  Mining  Commercial 
  • Kenya Mining Update
    04/09/2013
    Read more
    Recent events in Kenya have the potential to impact not only the mining sector but wider natural resources, including oil and gas. Africa  Corporate  Commercial  Mining  Singapore 
  • Breaking the Glass: The UK’s plans for greater corporate transparency
    03/09/2013
    Read more
    This Briefing provides an overview of the key proposals considered in the discussion paper and some commentary on their likely impact. London  Corporate  Commercial  Financial Institutions  Singapore  Paris  Brussels  Geneva  Piraeus  Dubai  Shanghai  Hong Kong  Melbourne  Sydney  Perth  São Paulo 
  • Bribery Laws in Singapore – are you compliant?
    28/08/2013
    Read more
    Governments around the world are increasingly clamping down on all forms of bribery. Companies and their employees must now be concerned not only with the laws of the country in which they work, but also additional international laws which may apply to them Corporate  Commercial  Singapore  Asia-Pacific  USA & Canada 
  • New regulations for AIFM
    16/08/2013
    Read more
    On 22 July 2013, new Regulations were enacted in the UK which regulate Alternative Investment Fund Managers (AIFMs). The Regulations are intended to form one coherent rule book, which will result in smooth and efficient passporting arrangements between countries for AIFMs and the funds under their administration. Insurance & Reinsurance  EU, Competition and Trade Regulatory  London  Paris  Rouen  Brussels  Geneva  Piraeus 
  • Constitution of Limitation Fund
    16/08/2013
    Read more
    The English High Court was recently asked to rule on whether a Limitation Fund in England could be constituted by way of an International Group Protection & Indemnity Club Letter of Undertaking (IG P&I Club and P&I Club LOU) in Kairos Shipping Limited v Enka & Co LLC1. Shipping  Insurance & Reinsurance  London  Paris  Rouen  Brussels  Geneva  Piraeus  Dubai  Shanghai  Hong Kong  Singapore  Melbourne  Sydney  Perth 
  • Maritime Labour Convention comes into force
    14/08/2013
    Read more
    The Maritime Labour Convention 2006 (MLC) comes into force next week on 20 August 2013. The UK has become the 41st International Labour Organisation (ILO) Member State to ratify the MLC, having done so on 7 August 2013. The UK’s ratification brings with it Gibraltar and the Isle of Man, and will come into force in those countries on 7 August 2014. Shipping  Employment, Immigration and Personal Injury  EU, Competition and Trade Regulatory  Ports & Terminals  London  Paris  Geneva  Piraeus  Dubai  Shanghai  Hong Kong  Singapore  Melbourne  Sydney  Perth  Rouen  Brussels 
  • Arbitration in Australia
    12/08/2013
    Read more
    Significant changes have been made to domestic arbitration legislation in Australia since 2010, in the form of the new Commercial Arbitration Acts (CAAs)1. Essentially, the CAAs bring domestic arbitration laws in line with Australian international arbitration laws, which are provided for in the International Arbitration Act 1974 (Cth) (IAA). Melbourne  Sydney  Perth  Dispute Resolution  Commodities 
  • Central European Floods
    24/07/2013
    Read more
    The recent severe flooding experienced in Central Europe has had a significant cost for businesses in the affected area. Insurance & Reinsurance  Logistics  London  Eastern Europe & Russia  Dispute Resolution 
  • The Southern Gas Corridor
    11/07/2013
    Read more
    The recent decision of The State Oil Company of the Azerbaijan Republic (SOCAR) and its consortium partners to transport the Shah Deniz gas through Southern Europe via the Trans Adriatic Pipeline (TAP) is a key milestone in the creation of the Southern Gas Corridor. Energy  Corporate  Piraeus  London  Paris  Eastern Europe & Russia  Projects  Commodities 
  • Bribery Update: Australia
    08/07/2013
    Read more
    What steps should your company be taking to ensure compliance with anti-bribery and corruption legislation? Corporate  Commercial  Melbourne  Sydney  London 
  • European Commission's Review of European Ports Policy
    28/06/2013
    Read more
    Europe is highly dependant on its ports to facilitate trade, both internationally and within the Internal Market. It is expected that ports will play a significant role in supporting economic recovery across Europe in the coming years. However, European Commission (the Commission) statistics have revealed a number of concerns over the ability of ports to meet increasing market demands. In 2011, EU ports handled around 3.7 billion tonnes of cargo and the Commission has predicted that by 2030 this figure will have doubled, making expansion and development an imperative. Ports & Terminals  EU, Competition and Trade Regulatory  Piraeus  Paris  Brussels  London 
  • The Law of Privilege
    21/06/2013
    Read more
    Privilege has long been recognised as a fundamental principle of English law. For several hundred years, the law of privilege has protected the right of clients to communicate with their lawyers in confidence, without fear that those communications will later be disclosed to third parties during the course of litigation. However, the modern commercial context has generated numerous challenges to the law of privilege, most notably for areas in which it is common practice for non-lawyers to advise on legal matters. Dispute Resolution  Corporate  Aviation  Commodities  Construction  Energy  Financial Institutions  Insurance & Reinsurance  Logistics  Mining  Ports & Terminals  Shipping  Space  Yachts  Travel, Cruise & Leisure  London 
  • Botched Wording Bogs Down Botswanan Mine Construction Claim
    18/06/2013
    Read more
    The recent decision of the Queensland Supreme Court in Sedgman South Africa & Ors v Discovery Copper Botswana (Pty) Limited (30 April 2013) highlights the need for careful drafting of payment clauses that are relied upon in fast track procedures such as summary judgement, statutory demand or adjudication. Construction  Dispute Resolution  Melbourne  Africa  Sydney  Perth 
  • The Astra - Appeal Status and Update
    13/06/2013
    Read more
    Further to our April 2013 Briefing regarding Mr Justice Flaux’s decision in Kuwait Rocks Co v AMN Bulkcarriers Inc (The mv Astra) [2013] EWHC 865 (Comm) we now provide an update on the status of that decision. Shipping  Dispute Resolution  London  Paris  Rouen  Brussels  Piraeus  Geneva  Dubai  Shanghai  Hong Kong  Singapore  Melbourne  Sydney  Perth  São Paulo 
  • Major New Derivatives Regulation – The Science of Compliance
    04/06/2013
    Read more
    Around the world, new derivatives laws and regulations are being adopted and now implemented to give effect to a 2009 agreement among G20 leaders on measures to increase transparency and reduce risk in the huge global derivatives business. International Trade Regulation  London  Paris  Rouen  Brussels  Geneva  Piraeus  Dubai  Shanghai  Hong Kong  Singapore  Melbourne  Sydney  Perth  São Paulo  Eastern Europe & Russia  USA & Canada 
  • Strike! The impact on shipping of industrial action at port terminals
    15/05/2013
    Read more
    Strikes and industrial action at port terminals can occur suddenly and can cause severe disruption, even preventing a terminal from working completely. Ports & Terminals  Dispute Resolution  Shanghai  Singapore  Melbourne  Sydney  Perth  Asia-Pacific  Hong Kong  Shipping 
  • Singapore - the new player in the global LNG market
    01/05/2013
    Read more
    Already well-established as a major centre for global oil trading, Singapore seems on track to become the leading Asia-Pacific trading hub for LNG. With its first LNG terminal set to open later this year, Singapore’s strategic location and proenterprise environment will enable the country to take advantage of the projected future growth in demand for LNG in Asia and establish itself as the key player in the global LNG market. Energy  Corporate  Singapore  Asia-Pacific 
  • Payment of hire is a condition - an end to a charterer's ability to deduct from hire?
    22/04/2013
    Read more
    High Court decision of Mr Justice Flaux in - Kuwait Rocks Co v AMN Bulkcarriers Inc (The MV “Astra”) [2013] EWHC 865 (Comm) Shipping  Dispute Resolution  London  Paris  Geneva  Piraeus  Dubai  Shanghai  Hong Kong  Melbourne  Singapore  Sydney  Perth  São Paulo 
  • E&Y Report for EU on pools and line slips and the subscription market
    19/04/2013
    Read more
    European Commission study repeats competition concerns on pools and line slips, and questions the need for related block exemption, but endorses subscription market. EU, Competition and Trade Regulatory  Insurance & Reinsurance  London  Brussels  Paris 
  • An update on LIBOR claims: An alternative judicial view: Deutsche Bank v Unitech
    21/03/2013
    Read more
    We reported in January 2013, on the continuing developments on LIBOR manipulation and the litigation which has been generated. As readers will be aware interest rate swap (IRS) mis-selling litigation had commenced sometime before LIBOR manipulation came to the fore. However, as a result of the latter, claimants sought to amend their claims to allege LIBOR manipulation in their mis-selling actions. As previously reported, Mr Justice Flaux in Graiseley Properties Ltd v Barclays Bank [2012] EWHC 3093 in proceedings involving IRS mis-selling permitted amendments pleading LIBOR manipulation. However, when the defendants in Deutsche Bank and Others v Unitech Global and Another [2013] EWHC 471 sought to plead similar amendments a different outcome resulted. 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 
  • New proposals for air passenger rights announced
    15/03/2013
    Read more
    The obligations of carriers to provide assistance and compensation to passengers in the event of delay, denied boarding and cancellation of flights has been a topic of much contention in recent years. Aviation  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 
  • Hong Kong SFC recommends civil and criminal liability for sponsors
    13/03/2013
    Read more
    The Hong Kong Securities and Futures Commission (SFC) has concluded a public consultation by recommending that the current law be amended. The intention is to make it clear, amongst other things, that sponsors are liable for untrue statements published in prospectuses. This recommendation forms part of the new rules for sponsors which will apply from 1 October 2013. Corporate  London  Hong Kong  Singapore  Melbourne  Perth  Asia-Pacific 
  • The new Competition Ordinance in Hong Kong – issues for the transport & commodities industries
    07/03/2013
    Read more
    After many years of negotiation and much deliberation, the Hong Kong Competition Ordinance has been enacted. Parts of the Ordinance with respect to the establishment of the new Competition Commission commenced operation on 18 January 2013. The key operative provisions of the legislation are expected to come into effect some time in the next 12-18 months. EU, Competition and Trade Regulatory  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 
  • European Commission study repeats competition concerns on pools and line slips but endorses subscription market
    28/02/2013
    Read more
    On 11 February 2013, the European Commission (the Commission) published a study conducted on its behalf by Ernst & Young on co-(re)insurance pools (including line slips) and ad hoc co-(re)insurance agreements on the subscription market. Although the Commission has previously expressed concerns about the subscription market, particularly around automatic upward premium alignment, the study concludes that the subscription market is competitive and that there are no immediate grounds for concern. EU, Competition and Trade Regulatory  Insurance & Reinsurance  London  Paris  Rouen  Geneva  Eastern Europe & Russia 
  • The incorporation and interpretation of exclusion clauses, conditions precedent and warranties in re/insurance policies under UAE law
    20/02/2013
    Read more
    UAE law does not expressly distinguish between insurance and reinsurance contracts in respect of interpretation. Insurance & Reinsurance  Dispute Resolution  Dubai  Middle East 
  • The Law of Privilege: how it relates to P&I and Defence Clubs
    18/02/2013
    Read more
    Privilege has long been recognised as a fundamental principle of English law. For several hundred years, the law of privilege has protected the right of clients to communicate with their lawyers in confidence, without fear that those communications will later be disclosed to third parties during the course of litigation. However, the modern commercial context has generated numerous challenges to the law of privilege, most notably for industries in which it is common practice for non-lawyers to advise on legal matters. Shipping  Commercial  London  Dispute Resolution 
  • EU ETS update - “stopping the clock” - where do we go from here?
    11/02/2013
    Read more
    On 12 November 2012, the EU Commission announced that it is temporarily suspending the application of its controversial Emissions Trading Scheme as regards flights into and out of the European Union. Pressure had steadily mounted on the EU since the extension of the scheme to aviation in January 2012, but intensified as the planned April 2013 deadline for the first submission of allowances approached. Aviation  International Trade Regulation  Dispute Resolution  London  Brussels  Dubai  Asia-Pacific  USA & Canada  Africa  Eastern Europe & Russia  Indian Sub-continent  Latin America  Middle East  Scandinavia 
  • Twin Towers - how many events?
    08/02/2013
    Read more
    The horrific events of 11 September 2001 and in particular the attacks on the Twin Towers of the World Trade Center, when flights AA11 and UA175 were hijacked by terrorists and used as guided missiles to destroy WTC1 and WTC2, have spawned a massive amount of litigation. Insurance & Reinsurance  Dispute Resolution  London  USA & Canada 
  • Directors’ defence costs: Bridgecorp decision overturned
    29/01/2013
    Read more
    In our November 2011 briefing, we advised that a New Zealand High Court decision (Steigrad v Bridgecorp (Steigrad v BFSL 2007 Ltd & Ors, HC Auckland CIV-2011-404-611, 15 September 2011)) raised the spectre that “combined limit” D&O policies in New Zealand and in Australian States & Territories with equivalent legislation may not make funds available for defence costs in certain circumstances where the amount claimed against the directors exceeds the policy limits. Insurance & Reinsurance  London  Melbourne  Sydney  Perth  Asia-Pacific 
  • Basel II: Back on the agenda
    29/01/2013
    Read more
    Following the credit crunch and the banking crisis in 2008, issues surrounding the use of insurance policies to mitigate a bank’s Operational Risk (OpRisk) regulatory capital requirements were placed on the back burner. Now, Basel II is back on the agenda... Financial Institutions  Insurance & Reinsurance  Finance  London 
  • Limitation of liability: landmark decision in France
    17/01/2013
    Read more
    In an important decision pronounced on 14 January 2013, the Court of Appeal in Bordeaux has finally recognised the right of the owner of the German flagged vessel “Heidberg” to limit its liability for maritime claims - in what was, when it commenced, the first case in France to examine the right to limit liability under the terms of the 1976 London Convention. Shipping  Dispute Resolution  Paris  Africa  USA & Canada 
  • LIBOR: Conspiracy claims and their impact on financial institutions and their insurers
    11/01/2013
    Read more
    In the light of the recent fines levied on UK Financial Institutions (FIs), John Barlow and Karyn Sheridan of HFW and Raymond Cox QC of Fountain Court Chambers consider the ramifications of these developments for FIs and their insurers. Insurance & Reinsurance  Financial Institutions  Dispute Resolution  London 
  • Iran Sanctions Update: the EU implements new restrictive measures
    10/01/2013
    Read more
    The EU continues to impose new sanctions against Iran. The latest measures significantly increase the range of goods which cannot be traded (directly or indirectly) with Iran, increase the number of persons and entities which are subject to the asset freeze, and impose new restrictions on EU banks which bring them more in line with the domestic restrictions which already apply to UK banks. International Trade Regulation  Commodities  Energy  Financial Institutions  Shipping  London  Middle East  Mediterranean 
  • The European Commission strikes back: the 'anti-Brosmann' amendment to the anti-dumping Regulation
    03/01/2013
    Read more
    On 14 December 2012, the EU published an amendment to Council Regulation (EC) No. 1225/2009 of 30 November 2009 (the basic Regulation) (All references to “Articles” are to Articles within the basic Regulation), which governs EU anti-dumping investigations, in response to recent case law in the European Court of Justice (ECJ) that was perceived to make investigations administratively burdensome for the European Commission (the Commission). EU, Competition and Trade Regulatory  International Trade Regulation  Dispute Resolution  Brussels  Eastern Europe & Russia  Mediterranean  Asia-Pacific 
  • The Corporate Veil: when will it be pierced?
    10/12/2012
    Read more
    The corporate veil exists to distinguish a company as a legal person separate from its shareholders. However, where the relevant test has been satisfied, the courts have shown a willingness to pierce the veil. Shipping  Dispute Resolution  London 
  • Alarm bells for Financial Institutions and their insurers
    05/12/2012
    Read more
    The fall out from sub prime mortgages focussed on those responsible for structuring and selling the products; the ratings agencies appeared to escape liability. Financial Institutions  Insurance & Reinsurance  Dispute Resolution  London  Melbourne  Sydney  Perth 
  • Up in smoke: Indonesia’s upstream regulator dissolved by Constitutional Court
    04/12/2012
    Read more
    Recent events in Indonesia have the potential to impact not only the oil and gas sector but wider natural resources, including mining. Energy  Mining  Corporate  Finance  Asia-Pacific  Singapore 
  • Australian Federal Court ruling - coastal trade
    22/11/2012
    Read more
    In CSL Australia Pty Ltd v Minister for Infrastructure and Transport and Anor, (unrep. Hon Robertson J 16 November 2012) the Federal Court of Australia has considered for the first time a challenge by the holder of a “general licence” against the variation or issue of a “temporary licence” granted by the Minister for Infrastructure & Transport (or their delegate) under the Coastal Trading (Revitalising Australian Shipping) Act 2012 (Act). Shipping  Melbourne  Sydney  Perth  Asia-Pacific  Dispute Resolution 
  • Bribery Act 2010 - SFO policy review update
    07/11/2012
    Read more
    On 9 October 2012, the UK Serious Fraud Office (SFO) published new policies on facilitation payments, business expenditure (hospitality) and corporate self-reporting. London  International Trade Regulation 
  • Superstorm Sandy - insurance and reinsurance issues
    06/11/2012
    Read more
    Severe flooding, rampaging fires, explosions and downed power lines were just some of the consequences left in the wake of Superstorm Sandy, the post-tropical cyclone which battered more than 20 US states in November 2012, having first wrought a trail of destruction through the Caribbean. Particularly severely hit were the states of New York and New Jersey, both of which have been declared disaster areas by the US Government. Insurance & Reinsurance  Dispute Resolution  London  USA & Canada 
  • Eurozone collapse - the legal consequences
    06/11/2012
    Read more
    The spectre of Eurozone collapse has ebbed and flowed in recent months. A series of candidate countries for departure from the Eurozone has been touted, whereupon pundits have looked to Berlin for signs of the German government’s readiness to shore up those countries’ finances with further bailout funds. Dispute Resolution  Geneva  Africa  Asia-Pacific  Eastern Europe & Russia  Indian Sub-continent  Latin America  Middle East  Scandinavia  USA & Canada  Mediterranean  Insurance & Reinsurance  Corporate  Commercial  Financial Institutions  International Trade Regulation 
  • Transport Safety Investigation Regulations
    26/10/2012
    Read more
    The Australian Transport Safety Bureau (ATSB) recently sought the views of stakeholders (the consultation period expired on 27 July 2012) in relation to two proposed legislative changes. Dispute Resolution  Shipping  Melbourne  Sydney  Perth  Asia-Pacific 
  • Iran Sanctions Update October 2012
    17/10/2012
    Read more
    On 15 October 2012, the European Union announced additional restrictive measures against Iran, in response to ongoing concerns about Iran’s nuclear programme. The measures will strengthen the existing sanctions already in place against Iran and make even legitimate trade with Iran more difficult. Energy  Shipping  International Trade Regulation  London  Middle East  Mediterranean 
  • Western Australia’s Mining Rehabilitation Fund
    01/10/2012
    Read more
    The Western Australian State Government has introduced the Mining Rehabilitation Fund Bill 2012 (the Bill), the purpose of which is to replace the environmental bonds system for mine rehabilitation in Western Australia. Mining  Corporate  Commercial  Perth  Asia-Pacific 
  • Aggiornamento Sulla Pirateria
    11/09/2012
    Read more
    Questo nuovo aggiornamento sulla pirateria esce a pochi giorni dal felice evento del rilascio della ROSALIA D’AMATO, avvenuto lo scorso venerdì, 25 novembre 2011, dopo 7 mesi di cattura. Ci congratuliamo con gli armatori, che abbiamo assistito durante l’intero periodo del sequestro, sperando che il rilascio della SAVINA CAYLYN potrà seguire in tempi brevi. London  Shipping  Dispute Resolution  Mediterranean 
  • Eurozone crisis
    07/09/2012
    Read more
    The Eurozone debt crisis has prompted careful consideration of the potential consequences of the exit of a Eurozone state from the Euro and a re-denomination into a replacement local currency. Insurance & Reinsurance  Dispute Resolution  Financial Institutions  London  Africa  Asia-Pacific  Eastern Europe & Russia  Indian Sub-continent  Latin America  Middle East  Scandinavia  USA & Canada  Mediterranean 
  • European Commission consults on major plans to modernise State aid
    20/07/2012
    Read more
    On 8 May 2012, the European Commission (the “Commission”) announced its intention to reform EU State aid control. The reforms are part of the European Union’s (the “EU”) growth strategy for this decade, Europe 2020. EU, Competition and Trade Regulatory  Aviation  Construction  Shipping  Ports & Terminals  Logistics  Insurance & Reinsurance  Energy  London  Brussels 
  • Historic EU court ruling liberalises Commission practice
    19/07/2012
    Read more
    In a case that Advocate General Kokott described as “of fundamental importance for future trade relations between the European Union and a number of dynamic emerging countries, such as the People’s Republic of China”, the Grand Chamber of the Court of Justice of the European Union (“ECJ”) rendered a landmark judgment on 19 July 2012 that sided with Zhejiang Xinan Chemical (“Xinanchem”). EU, Competition and Trade Regulatory  Asia-Pacific  Brussels  International Trade Regulation 
  • The legal and regulatory treatment of FPSOs, with a focus on limitation of liability
    16/07/2012
    Read more
    A question that has long vexed the offshore energy industry is, how will courts and regulators 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 similar way to trading ships, such as tankers? Or, will they be regulated as if they were permanent offshore installations, such as wellhead platforms Shipping  Energy  Dispute Resolution  London  Scandinavia  Asia-Pacific  Latin America 
  • Liberty to invoke CONWARTIME Clause not necessarily subject to change of risk test
    13/07/2012
    Read more
    On 11 July 2012, Teare J handed down a judgment that is significant for shipowners, time charterers and their legal advisors when dealing with the liberty in the CONWARTIME Clause to reject a voyage order because of the exposure to war risks, including the risk of piracy. Shipping  Dispute Resolution  London  Africa  Asia-Pacific  Eastern Europe & Russia  Indian Sub-continent  Middle East  Latin America  Scandinavia  USA & Canada  Mediterranean  Paris  Rouen  Brussels  Geneva  Piraeus  Dubai  Shanghai  Hong Kong  Singapore  Melbourne  Sydney  Perth  São Paulo  Alliance Offices 
  • Choice of Law?
    13/07/2012
    Read more
    Clauses in voyage charters are now void in Australia. Shipping  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  Mediterranean 
  • Welcome to Minegolia
    09/07/2012
    Read more
    In this briefing, we take a look at the development of the mining sector in Mongolia Mining  Asia-Pacific  London  Singapore  Corporate  Commercial 
  • Safety at sea - with particular reference to piracy
    06/07/2012
    Read more
    This briefing looks at the development of responses to a number of aspects of safety at sea, and draws lessons for the future in relation to the risk of armed robbery and hijackings. In the past, many safety issues for shipping have been addressed by legislation. It seems likely that a multi-part regulatory regime will ultimately be imposed for measures against piracy. Shipping  Employment, Immigration and Personal Injury  Dispute Resolution 
  • Tackling carbon leakage: European Commission adopts ETS State aid guidelines
    27/06/2012
    Read more
    On 22 May 2012, the European Commission (“the Commission”) published a Communication, which adopted guidelines (the “Guidelines”) to allow Member States to provide State aid for electro-intensive users. Energy  EU, Competition and Trade Regulatory  London  Brussels 
  • Review of the Aboriginal Heritage Act 1972 (WA)
    01/06/2012
    Read more
    As part of its Review of the Aboriginal Heritage Act 1972 (WA) (the Act), the Department of Indigenous Affairs of Western Australia has issued a Discussion Paper outlining 7 key proposals for amendment of the Act. Mining  Perth  Asia-Pacific 
  • Class Action Reform in Hong Kong
    01/06/2012
    Read more
    On 28 May 2012, the Law Reform Commission (the “Commission”) published its longawaited report on the introduction of a class action regime in Hong Kong. EU, Competition and Trade Regulatory  Asia-Pacific  Hong Kong  Dispute Resolution 
  • New Australian Civil and Criminal Penalties for Pollution by Shipowners, Charterers and Operators
    31/05/2012
    Read more
    The Maritime Legislation Amendment Act 2011 (Cth) (MLAA)) came into force on 5 December 2011 Shipping  Dry Shipping  Admiralty and Crisis Management  Dispute Resolution  Asia-Pacific  Melbourne  Sydney  Perth 
  • Container Detention: Carriers 4 Cargo 0
    30/05/2012
    Read more
    Two further decisions involving the issue of container detention have again found in favour of the shipowner or bill of lading carrier. The scoreline now reads: Carriers 4 Cargo 0! Shipping  Dispute Resolution  Asia-Pacific  Melbourne 
  • Flight delays - time to pay
    18/05/2012
    Read more
    On 15 May 2012, the Advocate General of the European Court of Justice (ECJ) handed down a much anticipated Opinion in the challenge to the 2009 Sturgeon decision. Aviation  EU, Competition and Trade Regulatory  Dispute Resolution 
  • Aggiornamento sulla pirateria
    18/05/2012
    Read more
    In questo Bollettino Marittimo in materia di pirateria, riportiamo due interessanti sentenze della High Court, la prima relativa all'applicazione di una clausola fuori nolo ad un periodo di sequestro da parte di pirati, e la seconda relativa all'esercizio di un privilegio sul carico per il contributo in avaria generale da parte del proprietario del medesimo, successivo ad un periodo di cattura della nave da parte di pirati. Shipping  Dispute Resolution 
  • ACG v Olympic Airlines - revisited
    14/05/2012
    Read more
    The unsuccessful summary judgment application in ACG Acquisition XX LLC v Olympic Airlines SA back in April 2010 drew attention mainly for disapplying the “hell or high water” provision in a lease, albeit temporarily and under a rather unusual set of circumstances. Aviation  Dispute Resolution  Mediterranean  London 
  • Gentlemen's agreements versus index-linked contracts
    10/05/2012
    Read more
    Global Liner Shipping Conference discusses the importance of a clear, written contract Ports & Terminals  Corporate  Shipping  Logistics  London  Africa  Asia-Pacific  Eastern Europe & Russia  Indian Sub-continent  Latin America  Middle East  Scandinavia  USA & Canada  Mediterranean 
  • Increased liability limits for maritime claims adopted
    09/05/2012
    Read more
    On 19 April 2012, the Legal Committee of the IMO agreed to amend the 1996 Protocol (“Protocol”) to the 1976 Convention on Limitation of Liability for Maritime Claims (“LLMC”). The effect is to increase the applicable limits of liability. Shipping  Dispute Resolution  London  Paris  Rouen  Brussels  Geneva  Piraeus  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  Mediterranean 
  • Argentina’s nationalisation actions causes a stir in oil markets
    08/05/2012
    Read more
    Since the Argentine government’s announcement on 16 April 2012, regarding the nationalisation of oil company YPF’s controlling stake in Spanish-owned Repsol YPF SA, tensions have arisen between Argentina and Spain. EU, Competition and Trade Regulatory  Dispute Resolution  Insurance/Reinsurance  Energy  Latin America  Brussels  Geneva  International Trade Regulation 
  • Piracy off Somalia
    01/05/2012
    Read more
    An overview of catch-and-release, counter-measures, trends, ransoms, hostages, rescues; recent developments appraised, and proposals for the future. Shipping  Africa  Middle East  Dispute Resolution  Personal Injury 
  • Proposed EU Regulation On Public Procurement Outside The EU: Fortress Europe
    23/04/2012
    Read more
    On 21 March 2012 the European Commission published a draft Regulation which seeks to clarify the rules governing the access of third countries to the public procurement procedures of EU Member States. “Third countries” are countries that are not part of the EU, and with which the EU has not concluded an international agreement in the field of public procurement that includes market access commitments. EU, Competition and Trade Regulatory  Brussels  London  International Trade Regulation  Rouen  Paris  Geneva  Piraeus  Eastern Europe & Russia  Mediterranean  Scandinavia 
  • Freight forwarders cartel, applications for leniency, appeals and fines for infringing EU competition rules
    20/04/2012
    Read more
    Commission imposes fines totalling €169 million on freight forwarders in relation to four price fixing cartels. EU, Competition and Trade Regulatory  Logistics  Brussels  International Trade Regulation  London  Paris  Rouen  Piraeus  Geneva  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  Mediterranean 
  • The Future of Australia’s Wheat Export Market
    20/04/2012
    Read more
    The Impact of the Wheat Export Marketing Amendment Bill 2012 Ports & Terminals  Commodities  Sydney  Perth  Melbourne  Asia-Pacific 
  • The European Commission’s decision on margin squeeze test once again confirmed by the European Court in Telefónica case
    17/04/2012
    Read more
    On 29 March 2012, the EU General Court (“GC”) vindicated the European Commission’s (the “Commission’s”) findings of liability under Article 102 of the Treaty for the functioning of the EU (“TFEU”) for abuse of a dominant position against Telefonica SA (“Telefonica”). The GC upheld the imposition of a €151m fine against the company. The GC’s ruling confirms, develops and further clarifies the circumstances in which margin squeeze practices constitute an abuse of dominant position under Article 102 TFEU. EU, Competition and Trade Regulatory  Brussels  London  Commercial 
  • Insolvency and General Liens
    03/04/2012
    Read more
    Re La Senza Ltd (in Administration) [2012] All ER (D) 120 (Mar):
    A landmark decision by Sir Andrew Morritt, the Chancellor of the English High Court means that freight forwarders, liner shipping companies and road hauliers finally have a court judgment that they are entitled to enforce their BIFA, bill of lading or RHA general lien clauses against administrators acting on behalf of insolvent customers. This is very welcome news to the freight forwarding, liner shipping and haulage industries.
    Logistics  Dispute Resolution  Shipping  Aviation  London  Africa  Asia-Pacific  Eastern Europe & Russia  Indian Sub-continent  Latin America  Middle East  Scandinavia  USA & Canada  Mediterranean 
  • Iran Sanctions Update: the EU implements the new restrictive measures announced in January, and expands the scope of pre-existing measures
    30/03/2012
    Read more
    Companies which trade in Iranian crude oil, petroleum products or petrochemical products (as well as those engaged in related transactions, such as shipping, insurance or financing) need to be aware of the restrictions imposed by Council Regulation (EU) No 267/2012 (the “Regulation”) which was published on 24 March 2012, and which has immediate effect (including direct effect on EU individuals and companies). EU, Competition and Trade Regulatory  Energy  Financial Institutions  Insurance & Reinsurance  International Trade Regulation  Dispute Resolution  Corporate  Commercial 
  • A new tide
    30/03/2012
    Read more
    A New Framework for shipbuilding State aid & a Commission Consultation on the maritime guidelines EU, Competition and Trade Regulatory  Shipping  London  Brussels 
  • Coverage issues and D&O insurance
    28/03/2012
    Read more
    Contrary to the predictions at the time, there have not been as many claims against directors in England & Wales since the introduction of the Companies Act 2006 and following on from the financial downturn. However, D&O insurance is an important asset to companies and directors operating in England & Wales, and experience suggests that the most used aspect of cover is the indemnification of costs incurred in regulatory and other formal investigations. Insurance & Reinsurance  Dispute Resolution  London 
  • Off-hire, the CONWARTIME and Punctuation Marks
    28/03/2012
    Read more
    The High Court recently determined that the hijack of a vessel by pirates was an off-hire event pursuant to an additional clause that provided for the vessel to be off-hire for capture/seizure, despite the incorporation of the CONWARTIME 2004 clause. The judgment revisits the interpretation of exemption clauses and clarifies how the Court will approach those seeking to rely on off-hire clauses in the context of piracy. It also comments on the significance of syntax, including the use of punctuation marks, when construing clauses. Shipping  London  Dispute Resolution 
  • Licensing the armed guards
    27/03/2012
    Read more
    On 23 February 2012, for the first time a UK Open General Trade Control Licence (Maritime Anti Piracy) (OGTCL) became available to providers of maritime anti-piracy services in the high risk area off the Somali coast and in the surrounding waters of the Gulf of Aden and Indian Ocean (HRA). Shipping  Dispute Resolution  London 
  • Come fly with me: recent developments in EU airport regulation
    26/03/2012
    Read more
    The air transport sector is key to the European economy: the industry was worth $118 billion in 2010 and four of 2010’s top 15 busiest airports (by scheduled commercial departure) were located in the EU. EU, Competition and Trade Regulatory  Aviation  London  Brussels 
  • Tender Rules: New Proposals - The European Commission proposes to reform EU procurement law
    26/03/2012
    Read more
    Following the adoption of the Single Market Act in October 2010, the European Commission (the Commission) confirmed its intention to issue legislative proposals by 2012 updating and reducing the complexity of public procurement rules. These proposals are pivotal to the Europe 2020 strategy. EU, Competition and Trade Regulatory  International Trade Regulation  London  Brussels 
  • Taux d’imposition applicables aux cessions de valeurs mobilières ainsi qu’aux perceptions de produits de placement à compter du 1er Janvier 2012
    15/03/2012
    Read more
    Déjà soumises à des modifications de taux en 2011, les modalités d’imposition des revenus mobiliers sont en ce début d’année 2012 concernées par un nouvel alourdissement de la fiscalité. Corporate  Paris  International Tax  Rouen 
  • Charterers face liability for oil pollution from vessels under new Australian federal legislation
    12/03/2012
    Read more
    Commodities traders chartering vessels which travel through waters subject to Australian federal law should be aware that alongside the master and vessel owner, slot, voyage, time and demise charterers all now face potential strict liability in the event of discharge of oil from a vessel. Shipping  Melbourne  Sydney  Perth  Asia-Pacific  Energy  Commodities  Dispute Resolution 
  • Aggiornamento Sulla Pirateria
    09/03/2012
    Read more
    Le navi italiane continuano ad essere coinvolte in circostanze relative al fenomeno della pirateria. Poco dopo il felice rilascio della SAVINA CAYLYN, dopo oltre 10 mesi di cattura, il 3 Gennaio scorso è stata catturata la ENRICO IEVOLI di Marnavi. Due settimane dopo, è stata attaccata (ma fortunatamente non sequestrata) la VALDARNO di Montanari di Navigazione. Shipping  Dispute Resolution  London  Mediterranean 
  • Myanmar - open for business
    05/03/2012
    Read more
    The recent elections in Myanmar appear to have provided a watershed in the country’s challenging political landscape. The last 12 months have seen its government embark on a wide-ranging programme of economic and political reforms, prompting the first visit by a US Secretary of State in more than 50 years. Corporate  Commodities  Mining  Energy  Asia-Pacific  Financial Institutions  Commercial  Finance  Singapore  Perth 
  • Indonesian mining law
    15/02/2012
    Read more
    The Director General of Minerals and Coal (the Director General) has recently issued Regulation No 1348.K/30/DJB/2011, which deals with the pricing of coal for mine mouth power plants (DGR No 1348 of 2011). The effect of this provides an exception to the benchmark pricing requirements. Corporate  Commodities  Mining  Asia-Pacific  Singapore  Perth 
  • The EU ETS: airline surcharges and antitrust law - a case of déjà vu
    08/02/2012
    Read more
    The Commission will be keen to see full compliance with EU ETS and to see its decision to add aviation to ETS vindicated, whilst the airline industry is faced with significant added operational costs as a result of being required now to participate in EU ETS. Surcharging is one means of combating the additional cost but care should be taken in introducing surcharges to avoid the potential pitfalls of anti-trust law. Aviation  EU, Competition and Trade Regulatory  International Trade Regulation  Dispute Resolution  London  Brussels  Dubai 
  • UNIDROIT Draft Space Assets Protocol
    02/02/2012
    Read more
    UNIDROIT is an international organisation comprising 63 Member States, based in Rome. Its remit is to “study needs and methods for modernising, harmonising and coordinating private and, in particular, commercial law as between States and groups of States and to formulate uniform law instruments, principles and rules to achieve those objectives”. Space  Insurance & Reinsurance  Dispute Resolution  London 
  • The PPSA - Ready steady Go
    01/02/2012
    Read more
    The PPSA, which is modelled on similar legislation in Canada, the US and New Zealand, will overhaul much of the law in Australia relating to the taking of security over personal property. While many large businesses and banks have been busily familiarising themselves with the changes this Act will bring, a number have not, and for them the PPSA could come as a rude shock. Corporate  Melbourne  Sydney  Perth  Asia-Pacific 
  • Iran Sanctions Update: the EU announces new restrictive measures
    27/01/2012
    Read more
    Following detailed discussions throughout December and January, the European Union has agreed on new restrictive measures against Iran, in response to ongoing concerns about the nature and scope of Iran's nuclear programme. The measures supplement the extensive sanctions which are already in place against Iran. EU, Competition and Trade Regulatory  Energy  International Trade Regulation  London  Brussels 
  • Syria Sanctions Update: EU imposes new restrictions
    27/01/2012
    Read more
    Following bomb attacks in December 2011 and January 2012, the situation in Syria continues to deteriorate, with escalating violence, and a crackdown by the Syrian government which may exacerbate the position even further. Energy  EU, Competition and Trade Regulatory  Finance  Insurance & Reinsurance  Financial Institutions  International Trade Regulation  London 
  • EU Emissions Trading Scheme becomes reality for airlines
    19/01/2012
    Read more
    The EU’s extension of the EU Emissions Trading Scheme (the “EU ETS” or the “Scheme”) to include the aviation industry took effect on 1 January 2012. The addition of airlines to the EU ETS has been the subject of intense and increasing criticism and attack – both at an industry and State level – over the last 12 months. The legal challenge to the validity of the EU ETS, as applied to aviation and which was instigated by the Air Transport Association of America, supported by the International Air Transport Association (IATA) and the National Airlines Council of Canada (NACC), finally concluded with the judgment of the European Court of Justice Grand Chamber published on 21 December 2011 (Air Transport Association of America e.a., v Secretary of State for Energy and Climate Change, Case C-366/10). Aviation  EU, Competition and Trade Regulatory  International Trade Regulation  London  Brussels  Dubai  Dispute Resolution 
  • State control does not constitute significant State interference
    19/01/2012
    Read more
    In a case of fundamental importance for future trade relations between the EU and China, Advocate General Kokott finds that State control through State ownership in itself is insufficient to find “significant State interference” when analysing “market economy treatment” claims. EU, Competition and Trade Regulatory  Brussels  Asia-Pacific  International Trade Regulation 
  • Update on Australian Shipping Reform: Navigation and Coastal Trading Bills
    16/01/2012
    Read more
    In late December 2011, the Department of Infrastructure and Transport released exposure drafts of the Navigation Bill 2012, Coastal Trading Bill 2012 and the Coastal Trading (Consequential Amendments and Transitional Provisions) Bill 2012 for stakeholder comment. Shipping  Melbourne  Sydney  Perth  Asia-Pacific  Dispute Resolution 
  • Mining Seminar discusses finance options in the sector
    09/01/2012
    Read more
    On 17 November 2011, Holman Fenwick Willan LLP, in association with Moore Stephens LLP and KBC Advanced Technologies plc, hosted a mining seminar aimed at companies wishing to raise and provide finance in the sector. We have outlined below a short summary of the presentations given. Mining  Corporate  Dispute Resolution  Finance  Commercial 
  • The UNFCCCs Durban platform explained
    03/01/2012
    Read more
    Negotiations at the UN climate conference in Durban (December 2011) ended with 195 countries pledging to negotiate a new international climate treaty by 2015. The “Durban Platform” also formally provides for a second commitment period of the Kyoto Protocol and the launch of the Green Climate Fund to distribute the US$100 million in assistance pledged by developed nations to assist developing nations with mitigation efforts. Whilst EU representatives applauded the Durban Platform as an historic breakthrough in the fight against climate change, the agreement has received mixed reactions from politicians, green groups and climate change experts. Energy  Corporate  Commercial  International Trade Regulation  Africa  Asia-Pacific  Eastern Europe & Russia  Indian Sub-continent  Latin America  Middle East  Scandinavia  USA & Canada  Mediterranean 
  • Shipping emissions
    16/12/2011
    Read more
    The Committee on Climate Change recommends that shipping emissions be included in the UK’s overall emission reduction targets. Shipping  Ports & Terminals  Energy 
  • HFW & Ulgener Law Office cover key issues in shipping and trade at seminar
    16/12/2011
    Read more
    Holman Fenwick Willan (HFW) and Ulgener Law Office hosted a seminar on 23 November at the Büyük Kulüp (Cercle d’Orient) in Istanbul. What follows is a summary of the key issues discussed. EU, Competition and Trade Regulatory  Finance  Insurance & Reinsurance 
  • Gas and electricity market regulation
    14/12/2011
    Read more
    New rules on market abuse and insider trading will apply to trading, contracts and capacity arrangements in gas and electricity markets across the EU. Energy  EU, Competition and Trade Regulatory  International Trade Regulation  Corporate  Commercial  Dispute Resolution 
  • Iran sanctions update
    06/12/2011
    Read more
    Further sanctions have been imposed on Iran following the report of the International Atomic Energy Agency into Iran’s nuclear programme. Energy  EU, Competition and Trade Regulatory  International Trade Regulation  Dispute Resolution  Commercial 
  • Aggiornamento sulla pirateria
    29/11/2011
    Read more
    Questo nuovo aggiornamento sulla pirateria esce a pochi giorni dal felice evento del rilascio della ROSALIA D’AMATO, avvenuto lo scorso venerdì, 25 novembre 2011, dopo 7 mesi di cattura. Ci congratuliamo con gli armatori, che abbiamo assistito durante l’intero periodo del sequestro, sperando che il rilascio della SAVINA CAYLYN potrà seguire in tempi brevi. Shipping  Dispute Resolution 
  • CONWARTIME 2004 - Was the long way round the wrong way round
    29/11/2011
    Read more
    Regrettably piracy attacks and hijacks of ships remain a significant threat to world shipping. A recent English High Court judgment provides guidance on the test to be applied when considering whether, under the terms of the CONWARTIME clause, a voyage or routing order given under a time charter is invalid and can be rejected because of the risk of piracy that it entails. Shipping  Dispute Resolution 
  • Significant Australian judgment impacts voyage charterparties
    22/11/2011
    Read more
    Jebsens Orient Shipping Services A/S & Anor v Interfert Australia Pty Ltd & Ors:
    In a decision of international significance, the Supreme Court of South Australia recently determined that a voyage charterparty is not a ‘sea carriage document’ for the purposes of the Carriage of Goods By Sea Act (Cth) 1991 (COGSA) with the effect that section 11 of COGSA does not operate to automatically render an arbitration clause in a voyage charterparty void and unenforceable (See Jebsens Orient Shipping Services A/S & Anor v Interfert Australia Pty Ltd & Ors (Unreported. Supreme Court Proceeding No. SCCIV-10-1589). The same issue is the subject of a reserved decision in other Australian court proceedings and it remains to be seen whether a consistent approach is taken on the point (Dampskibsselskabet Norden A/S v Beach Building & Civil Group Pty Ltd (Federal Court Proceeding No. NSD 86 of 2011)).
    Shipping  Dispute Resolution  Sydney  Perth  Melbourne  Asia-Pacific 
  • Warning to Australian directors & officers
    15/11/2011
    Read more
    "Your D&O insurance may be prevented from responding to defence costs!" Insurance & Reinsurance  Melbourne  Sydney  Perth  Asia-Pacific 
  • Thailand Flooding Insurance Ramifications
    01/11/2011
    Read more
    The devastating flooding across Thailand during the last four months has brought not only personal and national suffering to the Thai people but has also severely impacted its large manufacturing base. The main seven industrial estates in the central provinces around Bangkok have all been flooded. Insurance & Reinsurance  Dispute Resolution  London  Asia-Pacific  Singapore  Melbourne  Sydney  Paris 
  • Singapore Courts continue to support arbitration
    31/10/2011
    Read more
    In a recent decision, the Singapore Court of Appeal has once again demonstrated its pro-arbitration stance. The case is of interest to parties involved with international arbitration in the region, and affirms the Singapore Courts’ commitment not to interfere with arbitral awards wherever possible. Dispute Resolution  Singapore  Asia-Pacific 
  • Armed Guards
    30/10/2011
    Read more
    David Cameron announced on 30 October that UK registered ships can be licensed to have armed guards on board, should the shipowners or operators choose to do so. This is in direct contrast with previous government policy, which was that the carriage and use of firearms on board UK registered ships was strongly discouraged, the reasoning being that the carriage of firearms could escalate an already dangerous situation and the firearms on board could themselves become the target or purpose of an attack. Shipping  Dispute Resolution 
  • ASX proposes revamp of disclosure obligations imposed on mining and oil and gas companies
    26/10/2011
    Read more
    The stated aim of the consultation paper titled “ASX Listing Rules Review Issues Paper: Reserves and Resources Disclosure Rules for Mining and Oil & Gas Companies” is to develop a more consistent and comprehensive reporting framework that reflects world best practices and reduces the risk of investors being misled. Corporate  Melbourne  Sydney  Perth  Asia-Pacific  Commercial  Finance  Financial Institutions  Energy  Mining 
  • Australian shipping industry reform
    10/10/2011
    Read more
    Consistent with the policy initiative announced prior to the last election by Minister Albanese, the government’s aim is to introduce a system which will work to make the Australian shipping industry attractive and internationally competitive whilst increasing and maintaining growth ‘back home’. The reforms are scheduled to commence on 1 July 2012. Shipping  Melbourne  Sydney  Perth  Asia-Pacific 
  • Aggiornameto sanzioni Libia e Siria
    07/10/2011
    Read more
    La Risoluzione sottolinea e segnala l’importanza di supportare le autorità libiche nello stabilire una Libia libera e democratica; il Consiglio di Sicurezza richiama la propria determinazione nell’assicurare che i beni congelati ai sensi della risoluzione 1970 (2011) e 1973 (2011) debbano essere resi disponibili il prima possibile nei confronti del popolo libico, accogliendo i passi intrapresi dal Comitato stabilito ai sensi della risoluzione 1970 (2011) e dagli Stati membri a tal riguardo, sottolineando l’importanza di rendere questi beni disponibili in una maniera trasparente e responsabile in conformità con le esigenze e desideri del popolo libico stesso. Shipping  Dispute Resolution  London 
  • Wheat export regulation The end is nigh
    04/10/2011
    Read more
    It was a long-time coming, but the Government has finally accepted the recommendations of the Productivity Commission in its July 2010 Report on Wheat Export Marketing Arrangements. While the Government’s response is not surprising, it does bring into focus key questions relating to port access which cannot be ignored. Ports & Terminals  Commodities  Shipping  Dispute Resolution  Melbourne  Sydney  Perth  Asia-Pacific 
  • Dubai World Tribunal - Nakheel Claims
    03/10/2011
    Read more
    The Ruler of Dubai, His Highness Sheikh Mohammed Bin Rashed Al Makhtoum, Vice President and Prime Minister of UAE, issued (Dubai) Decree 57 of 2009 to establish the Dubai World Tribunal related to the settlement of the financial position of Dubai World and its subsidiaries. This stipulated that any claims by or against Dubai World and its subsidiaries were to be decided by a three-man Tribunal. Dispute Resolution  Dubai  Middle East 
  • Syria Sanctions: EU Follows US Ban On Oil Imports, And Expands List Of Designated Persons
    09/09/2011
    Read more
    Companies with the following contractual obligations as at 1 September 2011 for crude oil or petroleum products exported from or originating in Syria: EU, Competition and Trade Regulatory  Energy  International Trade Regulation  Dispute Resolution  London  Brussels  Asia-Pacific  Africa  Eastern Europe & Russia  Indian Sub-continent  Indian Sub-continent  Latin America  Middle East  Scandinavia  USA & Canada  Mediterranean  Shipping 
  • No blame game - at a price
    30/08/2011
    Read more
    Recent decision discussing inability of parties to oust invoicing-back procedure Commodities  Dispute Resolution  London 
  • Personal Property Securities Act 2009: Overview and implications for commodities trading
    18/08/2011
    Read more
    The Personal Property Securities Act 2009 (Cth) (the PPSA) will come into force in October 2011. The PPSA is a major reform which will establish a single national regime to regulate ‘security interests’ in ‘personal property’. Melbourne  Sydney  Perth  Commodities  Corporate  Commercial  Dispute Resolution  Asia-Pacific 
  • UK riots
    18/08/2011
    Read more
    Those property owners who have suffered significant damage and loss of profits this week following the extensive UK riots, and their property insurers, must urgently consider their rights to claim for compensation under an old, but still applicable, 19th century statute, the Riot (Damages) Act 1886. Insurance & Reinsurance  Dispute Resolution  London 
  • Crown immunity and sovereign immunity in Hong Kong - 10 key points
    16/08/2011
    Read more
    The Hong Kong Courts have recently handed down landmark judgments on the application of crown immunity and sovereign immunity in Hong Kong. Dispute Resolution  Hong Kong  Asia-Pacific 
  • IMO creates mandatory emissions reduction regime
    05/08/2011
    Read more
    On 15 July 2011, the International Maritime Organisation (IMO) adopted mandatory measures to reduce emissions of greenhouse gases (GHGs) from international shipping by amending the Marpol Convention Annex VI Regulations for the prevention of air pollution from ships (MARPOL Annex VI). In similar news, the European Commission announced a proposed amendment to the EU’s Sulphur Directive which will bring the EU’s regulation in line with the IMO’s sulphur regulations in MARPOL Annex VI. Shipping  EU, Competition and Trade Regulatory  Ports & Terminals  Energy  London  Brussels  Paris  Rouen  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  Mediterranean 
  • Supreme Court Jivraj v Hashwani decision
    03/08/2011
    Read more
    On 27 July 2011, the UK Supreme Court handed down a judgment which clarified concerns raised by the earlier Court of Appeal decision regarding the ability of parties to exclude certain categories of person from appointment as arbitrators. The decision in Jivraj v Hashwani [2011] UKSC 40, in fact dealt with discrimination on grounds of belief or religion. Dispute Resolution  London  Paris  Brussels  Rouen  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  Mediterranean 
  • Australia tackles climate change
    01/08/2011
    Read more
    Australia’s prime minister, Julia Gillard, has announced a package of economic reforms designed to tackle climate change in Australia. The central feature of the plan is the introduction of a carbon pricing mechanism in the form of a carbon tax and emissions trading scheme (“ETS”). From 1 July 2012, a carbon tax of AUD23 (USD24 or GBP15) per tonne of emissions will be imposed on 500 of Australia’s biggest polluters. (Initially, the carbon price mechanism will encompass the stationary energy sector, transport, industrial processes, non-legacy waste and producers of fugitive emissions (those released in the process of extracting coal from the earth). Energy  Melbourne  Sydney  Perth  London  Asia-Pacific  Corporate  Commercial 
  • Australian 2010 2011 weather event losses
    27/07/2011
    Read more
    Since our January 2011 briefings on the Queensland weather events at the start of the year, there have been severe natural catastrophes in New Zealand, Japan and, more recently, in southern USA which, to an extent, have turned the markets’ attention away from the Australian losses. However, there have been a number of developments relevant to those losses and their impact upon the local and international insurance and reinsurance markets and in this briefing, we update our earlier reports. We also report, following presentations we made in London to a number of brokers, underwriters and market bodies, on how the London market is responding to the losses. These presentations gave rise to very informed and lively exchanges, on which we comment below. Insurance & Reinsurance  Melbourne  Sydney  Perth  Asia-Pacific  London 
  • An apprehension of apparent bias
    22/07/2011
    Read more
    In many parts of the world, it is common for the arbitrators appointed to resolve a dispute also to make attempts to mediate the claim. Indeed, under Hong Kong's new Arbitration Ordinance, which became law on 1 June, this procedure has now become possible in Hong Kong. A recent decision of the Hong Kong High Court, however, provides a salutary lesson on the difficulties which engaging in "med-arb" can cause when it comes to enforcement, particularly when the award is to be enforced in another jurisdiction. Dispute Resolution  Mining  Hong Kong  Asia-Pacific 
  • Pirateria
    21/07/2011
    Read more
    Con la presente edizione speciale del Bollettino Marittimo consideriamo argomenti di grande attualità relativi alla sempre crescente minaccia della pirateria somala, tra cui: Shipping  Dispute Resolution  London  Mediterranean 
  • Iran Sanctions Iranian ports operator designated
    20/07/2011
    Read more
    In a key development, Tidewater Middle East Co (“Tidewater”) was added to the list of Specially Designated Nationals (SDNs) by the US Department of the Treasury on 23 June 2011. This briefing considers the impact of the US designation on those who are subject to US legislation, as well as the wider ramifications on companies and individuals in the EU and elsewhere. Energy  EU, Competition and Trade Regulatory  Shipping  Finance  Ports & Terminals  International Trade Regulation  London  Brussels 
  • Business rates Relief for ports
    20/07/2011
    Read more
    On 14 June 2011, the UK Government published draft guidance on its plans to cancel backdated business rates, with a view to finding a solution to the backdated rates liabilities incurred by businesses as a result of alterations to rating lists proposed in 2008. This resulted in many companies incurring liabilities for significant sums which could not reasonably have been expected or planned for. Dispute Resolution  Ports & Terminals  Commercial  London 
  • UK Bribery Act
    13/07/2011
    Read more
    The UK Bribery Act and how it may affect companies in Australia.
    The results of a recent European Fraud Survey produced by Ernst & Young, suggested that a significant minority in management positions are prepared to do whatever it takes to help their business survive and grow, with more than a third of those questioned willing to offer cash payments, gifts or entertainment to win business.
    International Trade Regulation  Commercial  London  Melbourne  Sydney  Perth  Asia-Pacific 
  • Next steps for simplifying the CRC energy efficiency scheme
    11/07/2011
    Read more
    Interested parties have until 2 September 2011 to comment on those proposals. DECC will then consult and draft legislation in February 2012. The intention is for the changes to the CRC to come into force in April 2013, to coincide with the commencement of Phase 2. Energy  Commercial  London 
  • Resolving construction disputes - recent developments
    01/07/2011
    Read more
    A swift result, achieved at minimal cost, has long been the holy grail for parties involved in building disputes. Dispute Resolution  Construction  Hong Kong  Melbourne  Perth  Sydney  Asia-Pacific 
  • Joint interest privilege between joint venture parties
    01/07/2011
    Read more
    Joint venture parties tend to forget that when the honeymoon is over and disputes arise between them, either party may seek from the other disclosure of relevant communications they have exchanged with their own lawyers or other external advisors. Unless appropriate steps are taken beforehand, such communications are not necessarily protected by legal professional privilege. Construction  Mining  Dispute Resolution  Hong Kong  Melbourne  Sydney  Perth  Asia-Pacific  Corporate  Commercial 
  • Bribery Act 2010
    15/06/2011
    Read more
    The Bribery Act 2010 will enter into force on 1 July 2011. As well as codifying existing UK laws, the Act also creates a new, high profile offence of failing to prevent other people from paying bribes on a company’s behalf (discussed in more detail below). EU, Competition and Trade Regulatory  Corporate  International Trade Regulation  Commercial  London  Africa  Asia-Pacific  Eastern Europe & Russia  Indian Sub-continent  Latin America  Middle East  Scandinavia  USA & Canada  Mediterranean  Paris  Rouen  Brussels  Geneva  Dubai  Piraeus  Shanghai  Hong Kong  Singapore  Melbourne  Sydney  Perth  São Paulo  Alliance Offices 
  • E-Privacy - New laws to force company website overhaul
    15/06/2011
    Read more
    The amended Privacy and Electronic Commerce Regulations (The Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2003/2426) as amended by The Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 (SI 2011/1208)) (the “amended Regulations”) implement the revised E-Privacy Directive (2002/58/EC Directive on privacy and electronic communications), which the EU adopted in December 2009 as part of a review of telecommunications and electronic communications in the EU. Commercial 
  • Actualite - sols pollues: statut responsabilites
    15/06/2011
    Read more
    L’ordonnance n° 2010-1579 du 17 décembre 2010, dont l’objet principal était de transposer la directive-cadre du 19 novembre 2008 relative aux déchets, contient deux apports fondamentaux en ce qui concerne les sols pollués. Energy  Commercial  Dispute Resolution  Paris 
  • Actualite-des-sanctions economiques internationales
    14/06/2011
    Read more
    L’adoption de sanctions économiques internationales à l’encontre d’un Etat ou de certaines personnes est devenue un outil fréquemment utilisé par les instances internationales (Nations Unies, Union européenne). EU, Competition and Trade Regulatory  Energy  Shipping  Ports & Terminals  Finance  Corporate  International Trade Regulation  Commercial  Paris  Rouen 
  • The latest on stolen carbon credits
    08/06/2011
    Read more
    The draft Regulation implements not only a new set of measures to further enhance the integrity and security of the trading system, but it also implements the third phase (Phase III) of the EU ETS, with the Commission introducing long held plans to make amendments to existing legislation. Phase II of the EU ETS is due to end in 2012, and Phase III calls for a more ambitious climate change and emission reduction policy, by imposing more challenging emission reduction targets on installations subject to the EU ETS. Additionally, there is a plan to phase out gradually the free allocation of allowances that took place in Phases I and II with a new auctioning system being introduced. The scheme will also be broadened to cover more industrial sectors and greenhouses gases. Energy  Corporate  Commercial  Financial Institutions  Finance  London  Brussels 
  • Risky business - international mining investment and the risks of political intervention
    31/05/2011
    Read more
    The words of T.S. Eliot could be a rallying cry to those intrepid souls in the mining industry who, in the hope of reaping vast rewards, continue to invest in economically and politically unstable but mineral-rich emerging markets of the world. Mining  Finance  Dispute Resolution  Corporate  Insurance & Reinsurance  Commercial  Commodities  London 
  • Scottish Court rules that compensation is payable in pleural plaques cases
    21/04/2011
    Read more
    The Act provides that certain asbestos-related conditions, including pleural plaques (scarring to the lining of the lungs, caused by exposure to asbestos fibres) constitute an actionable personal injury, despite pleural plaques being asymptomatic and not directly leading to more serious asbestos-related diseases, such as mesothelioma, lung cancer or asbestosis. This is not the position in England and Wales, where claims for pleural plaques alone will not succeed, and was not the position at common law in Scotland, prior to the Act. Personal Injury  Dispute Resolution  London 
  • Business rates - Are you paying someone else’s business rates bill
    13/04/2011
    Read more
    In August 2010 we published a briefing on the issue of backdated business rates demands levied on ports businesses across the UK, to which we provide an update below. A related point which is of more general application, and on which HFW have recently advised, is the issue of who should be liable to pay business rates on ports and harbours. Ports & Terminals  Dispute Resolution  London 
  • Are you a victim of stolen carbon credits
    12/04/2011
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    The EU carbon markets have faced harsh criticism after approximately €45m in carbon credit certificates were stolen from national registries in early 2011. The magnitude, coordination and sophistication of the attacks suggest that highly efficient criminals are cashing in on the lax regulation and security procedures governing the carbon markets. Energy  Corporate  EU, Competition and Trade Regulatory  Commercial  Dispute Resolution  London  Brussels 
  • Letters of credit: liabilities of issuing banks
    31/03/2011
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    In February 2011 we reported on the Court of Appeal’s judgment in Fortis Bank and Stemcor UK Limited v Indian Overseas Bank [2010] EWCA Civ 58, in which the UK Court of Appeal provided guidance on the interpretation of provisions of the Uniform Customs Practice of Documentary Credit (“UCP”) 600 and, in particular, that when an issuing bank gives notice that it is returning discrepant documents presented under a letter of credit, it is under an obligation to do so reasonably promptly. Commodities  Dispute Resolution  Financial Institutions  London  Africa  Asia-Pacific  Eastern Europe & Russia  Indian Sub-continent  Latin America  Middle East  Scandinavia  USA & Canada  Mediterranean 
  • UK Supreme Court unanimous in dismissing appeals
    28/03/2011
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    On 9 March 2011, the Supreme Court of the United Kingdom delivered its judgment in the conjoined appeals of Sienkiewicz (Administratrix of Mrs Enid Costello) v Greif (UK) Ltd and Willmore v Knowsley Metropolitan Borough Council [2011] UKSC 10. It dismissed the appeals of the first appellant manufacturing company (G) and the second appellant local authority (K) which appealed against decisions concerning the appropriate rule of causation in mesothelioma cases involving a single defendant. In both cases the exposure had been found to be small and the appellants were the sole known sources of occupational exposure of the respondents (S and W) in each case. Personal Injury  Dispute Resolution  London 
  • Solar energy
    22/03/2011
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    The decision of the French government to lower the feed-in tariffs was a result of the need to counter inflation in the photovoltaic sector. In the three last years, electricity generation in the photovoltaic sector has increased from 81 MW at the end of 2008, to 261 MW at the end of 2009 and reached 1025 MW on 31 December 2010. These figures are to be put in the context of France’s target under Directive 28/EC/2009 pursuant to which France was supposed to have 1100 MW by the end of 2012 and 5400 MW of photovoltaic energy in 2020. Energy  Corporate  Commercial  Paris  Rouen 
  • Giappone - Terremoto/Tsunami/Rischi di radiazioni e tracollo dell’ impianto nucleare di Fukushima
    22/03/2011
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    Il disastroso terremoto che ha colpito il Giappone lo scorso 11 marzo è stato il più potente terremoto che abbia colpito il paese da 140 anni, originando un violento tsunami che ha spazzato via letteralmente quasi tutto ciò che ha trovato durante il suo percorso. Shipping  Energy  Insurance & Reinsurance  Dispute Resolution 
  • Disasters in Japan - the impact on shipping
    21/03/2011
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    Japan is a key country for the shipping industry, and while it is too early to assess the full extent of the humanitarian and financial impact of the earthquake and tsunami on the maritime industry, it is already evident that the repercussions will be wide ranging and potentially long lasting. Shipping  Energy  Asia-Pacific  Hong Kong  London  Ports & Terminals 
  • Disasters in Japan - the impact on commodities
    21/03/2011
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    The earthquake and tsunami in Japan, and the resulting crisis at the Fukushima I Nuclear Power Plant, are the latest in an extraordinary series of natural disasters and crises this year. The Queensland floods and the continuing popular uprisings in the Middle East have seriously disrupted global commodities trading. Events in Japan add another major element to this pattern of turmoil. Commodities  Energy  Dispute Resolution  Asia-Pacific  London  Dubai  Hong Kong 
  • Aggiornamento sulle Sanzioni nei confronti della Libia
    18/03/2011
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    Le violente proteste e repressioni in Libia continuano ad occupare i primi titoli dei giornali con aggiornamenti relativi a conflitti quotidiani tra i fedeli a Gheddafi ed i ribelli per il controllo delle città e delle risorse chiave libiche, tra cui porti, strade e raffinerie. Energy  Shipping  EU, Competition and Trade Regulatory  Dispute Resolution  London  Mediterranean 
  • Sanctions update - Libya
    11/03/2011
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    The violent protests and reprisals in Libya continue to occupy the front pages, with daily reports of battles between those loyal to Gaddafi (written as Qadhafi in official documents) and rebels for control of key cities and resources in Libya, including ports, roads and refineries. With a mounting humanitarian crisis, and reports of airstrikes and other attacks on civilians, a raft of sanctions were swiftly promulgated by the UN, US, EU and a number of other countries. Energy  Financial Institutions  EU, Competition and Trade Regulatory  Finance  Ports & Terminals  Shipping  Insurance & Reinsurance  Commercial  International Trade Regulation  London  Brussels 
  • I recenti conflitti civili in Egitto, Libia e Medio Oriente
    10/03/2011
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    Le recenti manifestazioni civili e l’inaspettato cambiamento del panorama politico in Tunisia ed Egitto, si sono diffusi in Libia ed hanno raggiunto adesso il Bahrain, lo Yemen ed altri paesi medio orientali. La Libia, il primo esportatore di petrolio ad essere colpito, ha subito le manifestazioni più violente, trasformatesi in un conflitto armato che rischia di diventare una vera e propria guerra civile, con un conseguente vuoto politico che si protrarrà sino alla ricostruzione di un governo stabile. Energy  Financial Institutions  Commodities  Shipping  EU, Competition and Trade Regulatory  International Trade Regulation  Dispute Resolution  Commercial 
  • New guidelines on agreements with competitors
    07/03/2011
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    Horizontal Co-operation agreements (“the co-operation agreements”) are agreements entered into between actual or potential competitors operating at the same level of production or distribution in the market. There are six general categories of co-operation agreements including Research and Development (“R&D”); Production; Purchasing; Commercialisation; Standardisation, industry standard terms; and Information Exchange (“IE”). EU, Competition and Trade Regulatory  International Trade Regulation  London  Brussels 
  • Unrest in Egypt, Libya and the Middle East
    25/02/2011
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    The recent civil unrest and unexpected political changes in Tunisia and Egypt have now spread to Libya and are being felt in Bahrain, Yemen and other countries in the Middle East. Libya is the first major oil exporter to be affected, and has seen the most violent repression of public protests. The situation there is changing rapidly and the outcome remains uncertain. Financial Institutions  Insurance & Reinsurance  Ports & Terminals  Commodities  Dispute Resolution  Finance  London  Energy 
  • Egypt protests: issues for shipping
    15/02/2011
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    The situation is dynamic and this briefing seeks to identify some of the issues which shipowners and others who regularly call at Egyptian ports should have in mind. We focus on charterparties, but similar issues will arise under other contracts of affreightment and bills of lading. Shipping  Dispute Resolution  Ports & Terminals  Commercial  London 
  • UCP600
    04/02/2011
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    The Court of Appeal’s judgment demonstrates that the Court will interpret the UCP 600 in a way which reflects its underlying aims and purposes as well as international banking and trading practice. This led the Court to find that where an issuing bank had issued a notice that it was returning the documents presented under the letter of credit it must do reasonably promptly. Such an obligation was in line with banking practices and expectations and was imposed even though it is not expressly provided for in the UCP 600. Parties to letters of credit governed by the UCP 600 must therefore take care to respect not just its express provisions but also its underlying aims. In summary, the facts of the case were as follows. Commodities  Dispute Resolution  Financial Institutions  Finance  Commercial 
  • Piracy Update
    27/01/2011
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    Masefield AG v Amlin Corporate Member Ltd [2011] EWCA Civ 24 Dispute Resolution  Shipping  London  Asia-Pacific  Africa  Eastern Europe & Russia  Indian Sub-continent  Latin America  Middle East  Scandinavia  USA & Canada  Mediterranean  Paris  Rouen  Brussels  Geneva  Piraeus  Dubai  Shanghai  Hong Kong  Singapore  Melbourne  Sydney  Perth  São Paulo  Alliance Offices 
  • WTO (Chinese language)
    26/01/2011
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    根据专家组报告,欧盟在反倾销调查中,针对非市场经济国家企业的“单独税率”审查制度,及其在本案中的适用违反WTO规则。按照此前欧盟的一贯做法,非市场经济国家的企业,只有完全符合一系列欧盟标准,才能被允许在倾销幅度计算中,采用企业单独的出口价格数据。 Commodities  EU, Competition and Trade Regulatory  International Trade Regulation  London  Brussels  Asia-Pacific 
  • European advance cargo declaration regime
    24/01/2011
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    The Regime aims to tighten security in respect of goods entering or leaving the EU by means of more efficient customs controls and a common risk management framework. The idea behind it is to identify high risk cargo in advance of the arrival of the means of transport carrying such cargo into the EU so that authorities can take proper action. The Regime is similar to the US advance reporting scheme and will therefore have the greatest impact on container vessels and lines and air freight operators, although it applies to all modes of transport. It is in addition to existing customs rules and is a further regulatory burden on transport operators. Aviation  Logistics  Shipping  Dispute Resolution  London  Brussels  Paris  Rouen  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  Mediterranean 
  • Sanctions update: Iran
    20/01/2011
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    Following our Iran Sanctions updates in September and October 2010, this update considers two issues. First, we highlight the prohibition on insurance which is contained in EU Regulation 961/2010 (the “EU Regulation”), in light of imminent P&I renewals. Secondly, we report on two recent pieces of UK secondary legislation, the first of which will be of interest to, amongst others, owners and charterers of UK-flagged vessels, as well as other vessels calling at UK ports, and the second of which will be of interest to UK nationals and UK companies. Insurance & Reinsurance  Energy  EU, Competition and Trade Regulatory  Financial Institutions  Shipping  International Trade Regulation  London  Brussels  International Trade Regulation  Commercial 
  • Sanctions update: Côte d’Ivoire
    20/01/2011
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    Following the contested Presidential elections in Côte d’Ivoire at the end of 2010, which the incumbent leader, Mr Laurent Gbagbo, is said to have lost, the EU Council has imposed sanctions against certain natural and legal persons in Côte d’Ivoire. Those persons are said to be directly or indirectly obstructing the process of peace and national reconciliation, and, in particular, are said to be jeopardising the proper outcome of the electoral process. Financial Institutions  Commodities  Commercial  London  Brussels  International Trade Regulation  Commercial 
  • CISADA Iran Sanctions
    20/01/2011
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    The Comprehensive Iran Sanctions, Accountability, and Divestment Act (CISADA), signed into law on 1 July 2010, has expanded US sanctions against Iran and amends the Iran Sanctions Act (ISA). CISADA/ISA applies to all persons (including non-US businesses) doing business with Iran’s petroleum sector. A summary of CISADA appears in the Annex to this briefing. EU, Competition and Trade Regulatory  Energy  Insurance & Reinsurance  Shipping  Ports & Terminals  International Trade Regulation  Commercial  London  Brussels  USA & Canada 
  • Cancellation of liability to backdated business rates
    16/12/2010
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    In keeping with the Government’s promise to those entities doing business at UK ports the Localism Bill which had its first reading in the House of Commons on the 13 December 2010 includes an amendment to Section 49 of the Local Government Finance Act 1988 giving the Secretary of State powers to make regulations to grant relief from the payment of business rates for premises in prescribed cases. Ports & Terminals  Commercial  London 
  • CRC Government Phase 2
    07/12/2010
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    The Committee was critical of the models used to create the existing base line. In its view, more time was needed before the implementation of Phase 2 to consider the effectiveness of the CRC Scheme to drive energy use efficiency and the time could usefully be used to reduce the complexity of the Scheme before Phase 2 begins. Energy  Commercial  London 
  • Multimodal Cargo Security
    23/11/2010
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    The current UK regime is set out in the Aviation and Maritime Security Act 1990 (the “1990 Act”). The 1990 Act introduced the concept of an ‘air cargo agent’. Until 31 July 2003, air cargo agents could assess shippers’ security arrangements and, if they were found to be in accordance with the required standards, could validate the premises and award the status of ‘known consignor’. On 1 August 2003, the Department for Transport (DfT) introduced a new protocol that transferred the responsibility for assessing consignors from air cargo agents and airlines to independent validators, approved and appointed by the DfT. Logistics  Dispute Resolution  Aviation  Shipping  EU, Competition and Trade Regulatory  USA & Canada  London 
  • European Commission publishes consultation on State aid rules for shipbuilding
    03/11/2010
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    The Framework provides the rules for the Commission to assess whether State support for shipbuilding is compatible with the EU internal market. The current Framework came into effect on 1 January 2004, was prolonged in 2006 and 2008 and is currently applicable until 31 December 2011. The Commission has adopted around 35 decisions under the Framework, including aid schemes and aid that falls outside a notified scheme. The provisions relating to innovative aid are used more frequently than the other provisions of the Framework. EU, Competition and Trade Regulatory  Shipping  London  Brussels 
  • Iran sanctions update: the new regulation
    02/11/2010
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    The new Regulation No 961/2010 (the “Regulation”), which applies to business done in whole or in part within the EU, and also to those based in the EU, is wide-ranging and impacts on the business operations of buyers, sellers and transporters of goods, as well as related industries (e.g. brokers, financial institutions, insurers and reinsurers). Financial Institutions  Insurance & Reinsurance  Shipping  Energy  Aviation  Mining  Finance  Commercial  International Trade Regulation  London  Paris  Rouen  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  Mediterranean 
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