News and Press
Articles
Our lawyers are often asked to provide editorial on key industry issues for a range of national, international business and trade publications.
Articles
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A new era of climate policy: Australia's Safeguard Mechanism reforms
01/08/2023
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Australia has a fraught history when it comes to climate policy and politics. Australia briefly had a Carbon Pollution Reduction Scheme (CPRS), which was a cap-and-trade emissions scheme. However, the Liberal Party repealed the CPRS in 2014 when it won the federal election. The Liberal Party then introduced the Safeguard Mechanism in 2016, however this policy failed to significantly drive down Australia’s emissions. This led to over 10 years of Australian climate policy limbo as major political parties could not agree on a more effective emissions reductions policy. However, nearly a decade on, Australia is in the midst of the most significant and ambitious climate reforms. The keystone is the strengthening of the Safeguard Mechanism. Energy Australia Corporate Commercial SUSTAINABILITY HUB -
Greenwashing: trade finance and the agri-sector
28/06/2023
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Trade finance and the agricultural sector together have an important role to play in tackling climate change and the rise of green and sustainability linked trade finance instruments is a natural and very welcome development. Commodities Finance Financial Services Regulation London Geneva SUSTAINABILITY HUB Sustainability in Regulation -
The Asia Pacific Arbitration Review 2024 - Challenges, risks and disputes in the Australian energy transition
01/06/2023
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In this article, featured in The Asia Pacific Arbitration Review 2024, we focus on three topics that have been critical in driving the energy transition. Dispute Resolution Australia Asia Pacific -
Lexology GTDT – Insurance Litigation 2023 - UAE
10/03/2023
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This reference guide gives local insights including into preliminary and jurisdictional considerations, interpretation of insurance contracts and recent trends. Insurance & Reinsurance Middle East Dubai Riyadh Abu Dhabi Kuwait -
Chambers International Fraud and Asset Tracing Global Practice Guide 2022
06/06/2022
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The trends and developments in relation to fraud and asset tracing in Australia have come to the fore in recent years due to certain significant and complex fraud cases, as well as the rapid evolution and use of technology. Fraud and Insolvency Australia -
Asia-Pacific Arbitration Review 2023: Disputes arising out of energy transition projects in Australia
06/06/2022
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HFW's Asia-Pacific Disputes team have contributed a chapter in the Global Arbitration Review (GAR)'s Asia-Pacific Arbitration Review 2023. SUSTAINABILITY HUB Dispute Resolution Energy Asia Pacific -
Decarbonisation in shipping: Contractual and charterparty issues
06/12/2021
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In this article, originally published by Standard Club, Alessio Sbraga and Joseph Malpas discuss how decarbonisation regulations may impact contractual relationships in the shipping sector, and the steps parties should consider taking now. Commodities Shipping Dispute Resolution Commercial International Trade Regulation SUSTAINABILITY HUB Sustainability in transport -
Sanctions clauses in LOUs and Obligations under Collision Jurisdiction Agreements (M/V Pacific Pearl Co Ltd v Osios David Shipping Inc)
19/11/2021
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In M/V Pacific Pearl v Osios David1, the High Court has held that an LOU containing a sanctions clause was in a ‘reasonably satisfactory form’ where there was an ‘Iranian nexus’, but that the recipient of the LOU was not obliged to accept it either by an express or implied term of the CJA. Shipping International Trade Regulation -
Making maritime shipping net zero—the viability of market-based measures
03/09/2021
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This analysis looks at the viability of market-based measures (MBMs), as one method by which global maritime shipping endeavours to reach net zero greenhouse gas (GHG) emissions. Simon Bullock, shipping researcher at the Tyndall Centre for Climate Change Research, and Alessio Sbraga and Gudmund Bernitz, both partners at HFW, provide comment on the current hurdles standing in the way of marine shipping decarbonisation, as well as on whether MBMs should form part of the decarbonisation puzzle. Shipping London SUSTAINABILITY HUB Sustainability in transport Sustainability in Regulation Sustainability in Energy Transition -
Between the Devil and the Deep Blue Sea: The Mission To Rescue the Hostages the World Forgot
11/03/2021
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HFW's Admiralty and Crisis Management team are delighted to have been mentioned in Colin Freeman's new book, Between The Devil And The Deep Blue Sea, which was published on 11 March 2021 following a launch article in The Telegraph Shipping -
Sanctions as a Tool to Protect Human Rights at Sea
01/09/2020
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In July 2020 the UK introduced the Global Human Rights Sanctions Regulations 2020 (“the Regulations”). Shipping -
Bunker supply contracts – key considerations for the buyer
16/06/2020
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Regardless of whether a buyer purchases fuel directly from physical suppliers or via brokers or traders and whether sale is under a global framework agreement or ad hoc on a port by port basis, a common feature is that the seller’s terms generally prevail. Shipping -
Subsea Cable Damage Claims: The Legal Approach
20/04/2020
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Subsea cables have a long history reaching back almost two centuries, starting with the first international subsea cable, which was laid across the English Channel in 1850. Over recent years, the number of cables has considerably increased. In a world which relies heavily on digital telephony, internet, and the transmission of electricity, subsea cables have gained an important and essential role. Shipping Energy -
FIDIC Emerald Book - First Impressions
26/07/2019
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On 7 May 2019, FIDIC launched the Conditions of Contract for Underground Works (Emerald Book), the latest in its Rainbow Book series. The Emerald Book is a joint endeavour between FIDIC and International Tunnelling and Underground Space Association (ITA-AITES). This is the first dedicated international standard form for underground works. In this blog, I look at some of the fundamental principles behind the Emerald Book work and provide some first impressions. Construction -
Liquidated damages after contract termination
14/05/2019
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This question has been considered in two recent cases. In GPP Big Field LLP v Solar EPC Solutions SL [2018] EWHC 2866 (Comm) there was a dispute arising under five EPC contracts for the construction of solar energy plants in the UK. The contractor, Prosolia, failed to commission the solar plants and became insolvent. The employer, GPP, had terminated one of the EPC contracts and pursued a liquidated damages claim for late commissioning of the works against the contractor's parent company, Solar, which had guaranteed the contactor's obligations. Construction -
Proposed amendments to UK insolvency regime
02/05/2019
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After the UK government's response to a consultation on proposed improvements to the UK's insolvency regime, HFW's fraud and insolvency experts examine how the changes could significantly affect contract termination provisions. Fraud and Insolvency -
Nicholas Kazaz: Subsea Cables - Preventing and Minimising Claims Against Fishing Vessels
24/04/2019
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Nicholas Kazaz is an experienced international commercial dispute resolution lawyer at international law firm, Holman Fenwick Willan (HFW), with experience of resolving disputes of subsea cable damage. Among others, he acts for and advises shipowners, charterers, energy companies, contractors, shipyards, ship managers and insurers/P&I Clubs. Shipping -
Managing the risk of currency fluctuations in the international and domestic construction sector
01/04/2019
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The completion of construction and engineering projects involve a number of uncertainties. One reason for this is that the work can take many years to complete. It is not always possible at the outset to predict how the specific environment – political, economic, regulatory and legal – in which the project is being delivered might change during this period. It can, however, be foreseen that there might be change and this creates risks to the parties. Construction -
'A key market for our company has just had sanctions imposed on it. What do we do?'
09/01/2019
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Daniel Martin and Anthony Woolich suggest a simple but effective procedure for responding to the news that existing contracts may be impacted by sanctions. International Trade Regulation -
Cyber Insurance Mitigating Risk
30/11/2018
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Nic van der Reyden recently addressed a Melbourne Shipping Australia breakfast on maritime cybersecurity, mitigating risk and cybersecurity. This article is based upon his presentation Cyber Security Shipping -
Les constructeurs étrangers face à l'obligation d'assurance
13/02/2018
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L'ouverture du marché français de la construction aux constructeurs étrangers a été renforcée par la directive 2006/123 CE relatives aux services dans le marché intérieur. Les constructeurs étrangers peuvent, désormais, librement proposer leurs services pour édifier des immeubles en France sans disposer d'un établissement en France. Construction -
Banning restrictive contractual clauses in investment and corporate banking: the FCA’s bid to promote competition
22/08/2017
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Robert Finney, regulatory partner in HFW’s London office, interviewed by LexisPSL’s Kate Beaumont on the Financial Conduct Authority’s policy statement on the prohibition of restrictive contractual clauses and what the new rules and guidance mean for regulated firms. Commodities EU, Competition and Trade Regulatory Financial Services Regulation -
14/07/2017
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Cet article a été publié dans Fusions & Acquisitions Magazine (n° 292 - Juillet-Août 2017) et est reproduit ci-dessous avec leur autorisation. Energy Paris -
Une nouvelle réglementation pour les entrepôts couverts
24/04/2017
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Dans le cadre du « choc de simplification » impulsé le 28 mars 2013 par le président de la République, une nouvelle réglementation relative à la prévention des sinistres dans les entrepôts couverts soumis à autorisation a vu le jour. Le point sur ces nouvelles dispositions. Logistics Paris -
Inscription du préjudice écologique dans le code civil : un régime incomplet ? Mars 2017
14/03/2017
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Le cabinet d’avocats Holman Fenwick Willan France LLP propose une analyse sur l’intégration en droit français de la notion de préjudice écologique. Shipping -
Diamonds in the rough: hidden gems in the ship finance market?
30/01/2017
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With banks and borrowers alike feeling the prolonged and acute strain on traditional ship finance lending, the quest for any form of finance of shipping assets has been a significant challenge for many. Compounded by increasing financial regulation, reclassifications of shipping loans and stringent capital requirements it is little wonder that any positive reports for the ship finance market are few and far between. The record lows of the Baltic Dry Index are never far from the market's mind and falling rates and overcapacity issues have drained away much of the initial optimism over the tanker sector. Nevertheless, some deals are still being done – both publicly and privately – whether as restructurings or as packaged work-out transactions for new managers/borrowers. So despite the 'perfect storm' in which ship finance has found itself, are there any hidden gems and diamond opportunities for those willing to take on the search? Shipping Finance -
Calcium hypochlorite: it’s back and hiding in plain sight
02/11/2016
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The often dramatic risks associated with transporting calcium hypochlorite first came to light in the 1970s in a series of serious incidents involving US and Japanese producers. Casualties in the 1990s including (it has been suggested) “CONTSHIP FRANCE”, “DG HARMONY”, ACONCAGUA” and “CMA DJKARTA” brought the problem back into the spotlight with increased awareness of operators to these risks. Shipping -
Brexit, the EU, and foreign and digital currencies, August 2016
03/08/2016
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With the outcome of the recent national referendum still reverberating both within and outside the UK, and with speculation rife as to the nature of the UK’s immediate and long-term political and commercial futures, it would be easy to overlook that equally dramatic events may also erupt in countries on the European mainland. Commercial EU, Competition and Trade Regulatory Shipping Financial Institutions Finance -
Getting the deal through: Brexit, July 2016
28/07/2016
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The terms of the UK’s withdrawal from the EU will inevitably dictate the extent to which Brexit impacts upon financial agreements. As this stage, it is important to consider the clauses which may have to be reviewed. Finance Shipping London EU, Competition and Trade Regulatory -
York-Antwerp Rules 2016: a summary
28/07/2016
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On 5 May 2016 a new version of York-Antwerp Rules, the contractual regime governing the ascertainment of general average contributions, was settled at a conference convened by Comité Maritime International1. The new rules, entitled York-Antwerp Rules 2016, are the culmination of a drafting process which began in 2012. Having been approved by the shipowners’ association, BIMCO, these rules stand a good prospect of being adopted in place of York-Antwerp Rules 1994, the rules which are at present most commonly incorporated by reference into charterparties and bills of lading. In so doing, York-Antwerp Rules 2016 will fill the gap created by the failure of the 2004 Rules which, whilst promoted by cargo concerns, never found acceptance in the ship-owning community. Shipping -
Dossier les actifs de l'entreprise, Juin 2016
16/06/2016
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Notion mouvante, par définition, souvent (à tort) considérée comme « fourre-tout », à la croisée de la comptabilité, de l’évaluation financière et du droit, les actifs de l’entreprise sont une source inépuisable d’interrogations juridiques. Paris Finance International Trade Regulation -
A patchy implementation: a global perspective, May 2016
05/05/2016
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With less than seventy five days left (at the time of writing) before the SOLAS amendments become effective on July 1, 2016, it is taking competent authorities a lot longer than anticipated to come forward with guidance on implementation, enforcement and tolerances. Logistics Ports & Terminals Shipping EU, Competition and Trade Regulatory -
IBA guidelines on conflict of interest: The traffic lights flash amber, April 2016
29/04/2016
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A recent English court decision in W Ltd v M SDN BHD1 has refused to follow the IBA Guidelines on Conflicts of Interest in International Arbitration (IBA Guidelines)2 and has dismissed a challenge to an arbitrator despite the fact that the situation fell fairly and squarely within the Non-Waivable Red List. The case has sent ripples through the international arbitration world. Nick Longley explains the IBA Guidelines, summarises this new decision and comments on it and its effects. Dispute Resolution -
Maritime finance in the Middle East - the IF solution, January 2016
05/01/2016
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The maritime sector and ship owning is a capital intensive business. The capital costs incurred to purchase assets and the cashflows required to operate the assets are high. Over the last eight years, as the debt markets entered the more difficult phase of the cycle, offshore marine companies with steady cashflows, creditworthy counterparts and physical assets that were available to financiers as security started looking for other financing options. Shipping Finance Middle East Dubai Riyadh Beirut Kuwait -
Nigeria tanker ban lifted? September 2015
15/09/2015
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The Nigerian National Petroleum Corporation (NNPC) has apparently lifted its earlier imposed ban of approximately 100 crude tankers from operating or moving within Nigerian territorial waters. The ban had been severely criticised by the shipping industry and international and local lawyers alike. Not only was it of questionable jurisdiction, the NNPC lacking the power constitutionally speaking, to control the movement of ships in Nigerian waters, but the sheer lack of explanation or information provided by the NNPC for the ban resulted in general uncertainty and speculation as to the reasons for it. Shipping Energy Ports & Terminals EU, Competition and Trade Regulatory Africa -
Predictably unpredictable, April 2015
24/04/2015
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Shipping has received its fair share of knockbacks in recent years – not least the large-scale retreat of its traditional finance providers. Stephen Drury and Jasel Chauhan of Holman Fenwick Willan chart the ebb and flow of investment within this perennially volatile sector. Shipping Finance Asia Pacific Eastern Europe & Russia USA & Canada -
Mining Journal Risk Anti-corruption and Compliance Guide 2014
05/12/2014
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Anti-bribery and anti-corruption is an increasingly important issue in the mining and extractive industries. This HFW article focuses on the key recent developments in international anti-corruption laws and assesses their implications for mining companies. We then look at corporate governance and compliance strategies to help manage the risks, and at the types of insurance coverage available. And we examine what exposures remain. -
Packing a punch – the new Cargo Transport Units code, October 2014
30/10/2014
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Cargo Transport Units (CTUs) are designed with the intention of being versatile due to the requirement to adapt to a variety of modes of transport. They do so by being rolled or lifted from one form of transport to another. A swap body can be carried on a road vehicle or railway wagon. A deep sea container can be carried on a road vehicle, railway wagon, inland barge or seagoing vessel for example. Ports & Terminals Shipping -
Taking the penalty, October 2014
03/10/2014
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HFW’s Ben Atkinson explains why insurance cover for environmental fines cannot cover every eventuality. Insurance & Reinsurance EU, Competition and Trade Regulatory Ports & Terminals -
Legal Eagles, September 2014
18/09/2014
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Holman Fenwick Willan’s crack team of specialist shipping lawyers answer your legal questions. Shipping -
Roundtable: Insurance & Risk Management 2014
09/09/2014
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In this roundtable we spoke with eight experts from around the world to discuss the current Insurance & Risk Management landscape. Among the highlighted topics, our chosen experts discuss challenges relating to mergers and acquisitions, policy reviews and the role of technology in transforming the insurance industry. Insurance & Reinsurance Corporate London Africa Middle East Financial Services Regulation -
Contract variations, traps for the unwary, September 2014
01/09/2014
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At the end of practically every construction project the parties will be faced with a schedule of unresolved variations that will need to be agreed. Disagreements will often relate to valuation. Construction Dispute Resolution -
Pushing Privatisation, August 2014
28/08/2014
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HFW’s Alex Kyriakoulis discusses the attempts of the Greek government to privatise Piraeus and Thessaloniki ports. Ports & Terminals Corporate Shipping London Piraeus -
Foreign investment in Australia’s mining sector – frequently asked questions (4): Personal Property Securities Legislation, August 2014
22/08/2014
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This is the fourth in a series of seven articles being prepared by HFW which aim to answer frequently asked questions concerning foreign investment in Australia’s mining sector. In this article, we will look at the impact of the Personal Property Securities Act 2009 (Cth) (the PPSA) on the mining sector. Mining Corporate Financial Institutions Finance Melbourne Sydney Perth Commercial Asia Pacific -
Foreign investment in Australia’s mining sector – frequently asked questions (4): Personal Property Securities Legislation, August 2014 (Chinese language)
22/08/2014
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夏礼文律师行撰写了一连七篇有关外国公司投资澳洲矿业常见问题的系列文章,本文为该系列文章的第四篇,旨在讨论澳大利亚个人资产担保法(Personal Property Securities Act 2009 (Cth))(“个人资产担保法”)对于矿产行业的影响。 Mining Financial Institutions Finance Commercial Corporate Melbourne Sydney Perth Asia Pacific -
Not in my back yard, August 2014
22/08/2014
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Andrew Chamberlain and Tom Walters, of Holman Fenwick Willan, take a legal view on place of refuge. Shipping Ports & Terminals London -
Offshore wind power: winds of change, August 2014
12/08/2014
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Legal and regulatory hurdles are making offshore wind power unnecessarily expensive. Before the next round of projects is procured, we need to cut the costs in half. Construction Energy Projects London Dubai -
Awareness of global limitation regimes key to curbing wreck-removal exposure, August 2014
12/08/2014
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As wreck-removal costs mount, Holman Fenwick Willan Partners Rory Butler and Martin Dalby argue a recent court ruling shows that knowledge of different limitation regimes from around the world offer shipowners and insurers the best way to limit exposure Shipping Insurance & Reinsurance Dispute Resolution London -
EU procurement directive: size matters, July 2014
24/07/2014
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A new EU procurement directive will soon demand new contracts for sizeable variations to public projects, but tread carefully: substantial is a subjective word Construction Projects Dispute Resolution London Paris Brussels Geneva Piraeus -
The Channel Tunnel: have we learnt our lessons? July 2014
24/07/2014
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The Channel Tunnel opened 20 years ago having endured lengthy delays and massive cost overruns. So what can today’s major schemes learn from the mistakes made two decades ago? Construction London Projects -
Sanctions against Russia: be prepared! July 2014
18/07/2014
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As the situation in Ukraine deteriorates, the possibility of further sanctions against Russia and Russian interests continues to dominate the agenda. As a result, energy sector businesses which have commercial connections with Russia need to keep a careful eye on political, business and legal developments, to avoid falling foul of new restrictions. International Trade Regulation Energy Financial Institutions Insurance & Reinsurance London Eastern Europe & Russia USA & Canada -
Concession choices, July 2014
14/07/2014
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HFW’s Joseph Botham detangles the complicated knot of port ownership models in common use today. Ports & Terminals Construction Projects London Logistics Shipping -
A surprising decision for charterers, July 2014
14/07/2014
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Brian Perrott and Alice Marques of Holman Fenwick Willan, recently represented Cargill International in the UK Court of Appeal in relation to a dispute that focuses on the construction of an off-hire provision in an amended NYPE form which itself allocates the risk of delay between owners and charterers. Shipping London Dispute Resolution Paris Geneva Piraeus Dubai Shanghai Hong Kong Singapore Melbourne Sydney Perth Brazil -
Silver construction standard
10/06/2014
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HFW’s Robert Blundell discusses the pros and cons of the industry’s favoured EPC contract. Ports & Terminals Construction London -
Legal Eagles, June 2014
01/06/2014
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Holman Fenwick Willan’s crack team of specialist shipping lawyers answer your legal questions. Shipping International Trade Regulation Ports & Terminals London Dispute Resolution -
Clampdown on corruption
29/05/2014
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Is the first corporate prosecution under the UK Bribery Act just around the corner?, asks HFW’s Daniel Martin. Ports & Terminals London International Trade Regulation -
Industry viewpoint: Charterers may have to pay hire on arrest of their chartered vessel
12/05/2014
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In a judgment of some significance to the bulk shipping market, the English Court of Appeal last week confirmed that charterers must continue to pay hire upon the arrest of their chartered vessel if the arrest was attributable to actions by anyone acting as their “delegate”. London Ports & Terminals Shipping Africa Eastern Europe & Russia -
When even fraud is not nearly enough
09/05/2014
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The new regime for domestic commercial arbitration reflects how far Australia has come in creating a substantively distinct jurisdiction for commercial dispute resolution as an alternative to the courts. An avowed desire to avoid the replication of processes through the courts motivated the authors of the UNCITRAL Model Law on International Commercial Arbitration (the Model Law).1 Their aim was to restrict drastically the scope for curial intervention in order to achieve speedy, cost-effective, fair and final resolution of disputes. Dispute Resolution London Perth Asia Pacific Energy -
India’s spring board
25/04/2014
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HFW’s Connie Chen and Alistair Mackie discuss India’s need for better port development plans. Ports & Terminals Sydney London Indian Sub-continent Finance Projects Corporate Construction Commercial -
Foreign investment in Australia’s mining sector – frequently asked questions (3): exploration and mining rights
11/04/2014
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This is the third in a series of seven articles being prepared by HFW which aim to answer frequently asked questions concerning foreign investment in Australia’s mining sector. Mining Finance Corporate Melbourne Sydney Perth Asia Pacific Commodities -
Foreign investment in Australia’s mining sector – frequently asked questions (3): exploration and mining rights (Chinese language)
11/04/2014
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夏礼文律师行撰写了一连七篇有关外国公司投资澳洲矿业常见问题的系列文章,本文为该系列文章的第三篇。 Mining Corporate Finance Melbourne Sydney Perth Asia Pacific -
Paying for progress – trends in ports and terminals financing
13/03/2014
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HFW’s Gudmund Bernitz discusses the financing options open to ports looking to expand. Shipping Ports & Terminals Finance Eastern Europe & Russia USA & Canada Asia Pacific Energy London -
Weighed down
13/03/2014
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There will be few winners with the IMO’s container weighing 'solution’ as HFW’s Matthew Gore explains. Shipping Ports & Terminals Africa Asia Pacific Eastern Europe & Russia Indian Sub-continent Latin America Middle East Scandinavia USA & Canada London -
Waste not, want not
13/03/2014
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On 1 January 2013, new MARPOL Regulations came into force with regard to the disposal of garbage from ships at sea, largely prohibiting the practice. As a result, it will become common practice for ships to send their garbage to shore-based reception facilities. MARPOL applies to ships via their flag state, and port and terminals via the national legislation. International Trade Regulation Shipping Dispute Resolution Ports & Terminals London Paris Brussels Geneva Piraeus Dubai Shanghai Hong Kong Singapore Melbourne Sydney Perth Brazil Alliance Offices Africa Asia Pacific Eastern Europe & Russia Indian Sub-continent Latin America Middle East Scandinavia USA & Canada -
Legal and Insurance considerations in the mining sector
26/02/2014
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The attitude to insurance of organisations in mining and other commercial sectors has changed in the last decade. The development of knowhow and increased awareness of risk management and corporate governance has seen a shift in insurance buying, and insurance is perceived to be an essential tool for improved corporate governance and business continuity. Insurance & Reinsurance Mining Dispute Resolution London Paris Brussels Geneva Piraeus Dubai Shanghai Hong Kong Singapore Melbourne Sydney Perth Brazil Africa Asia Pacific Eastern Europe & Russia Indian Sub-continent Latin America Middle East Scandinavia USA & Canada -
Foreign investment in Australia’s mining sector – frequently asked questions (2): Business structures (Chinese language)
18/12/2013
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夏礼文律师行编制了一连七篇解答关于外商投资澳洲矿业常见问题的连载文章, 本文为该连载文章的第二篇。 London Paris CyberOwl - London Brussels Geneva Piraeus Dubai Shanghai Hong Kong Singapore Melbourne Sydney Perth Brazil Alliance Offices Asia Pacific Finance Corporate Commercial Mining Financial Institutions -
Foreign investment in Australia’s mining sector – frequently asked questions (2): Business structures
06/12/2013
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This is the second in a series of seven articles being prepared by HFW which answer frequently asked questions concerning foreign investment in Australia’s mining sector. London Paris Brussels Geneva Dubai Shanghai Hong Kong Singapore Melbourne Sydney Perth Brazil Alliance Offices Asia Pacific Finance Corporate Commercial Mining Financial Institutions -
Judgment call: 'Alexandros T'
05/12/2013
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After much to-ing and fro-ing between the English High Court, a Greek court, the Court of Appeal in London and the Supreme Court, we now thankfully have some clarity around the issue of the finality of an English settlement agreement. In a landmark decision the Supreme Court has ruled that an English settlement agreement should bring a full stop to a dispute and should not be capable of being unravelled by a foreign court. Insurance & Reinsurance Eastern Europe & Russia Shipping Dispute Resolution -
Australia’s new dawn – port privatisation
08/11/2013
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The Government of New South Wales announced in June 2013 that it would sell the Port of Newcastle to fund significant infrastructure projects. Asia Pacific Ports & Terminals Shipping -
The meaning of P3
08/11/2013
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Since the announcement in June 2013 of a proposed global operational alliance (the P3 Alliance) between Maersk Line, Mediterranean Shipping Co and CMA CGM (the P3 Partners), and in anticipation of any further details, there has been much speculation within the industry relating to the form and substance such an alliance would take and the effect that it would have on both port and terminal operators and the industry at large. Ports & Terminals Shipping Eastern Europe & Russia Asia Pacific -
A plan for ports
08/11/2013
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In order to meet increasing market demands on Europe’s ports, the European Commission has published its new regulatory initiative. The review supplements the existing EU policy and comprises a Regulation and a Communication introducing eight EU actions. The Regulation will establish a framework on market access to port services and require greater financial autonomy and transparency across 319 key ports. EU, Competition and Trade Regulatory Ports & Terminals Shipping Eastern Europe & Russia -
Foreign investment in Australia’s mining sector – frequently asked questions
04/11/2013
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This is the first in a series of seven articles being prepared by HFW which answer frequently asked questions concerning foreign investment in Australia’s mining sector. Mining Asia Pacific Perth Sydney Melbourne Financial Institutions London Paris CyberOwl - London Brussels Geneva Piraeus Dubai Shanghai Hong Kong Singapore Brazil Alliance Offices Finance Corporate Commercial -
Foreign investment in Australia’s mining sector – frequently asked questions (Chinese language)
04/11/2013
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夏礼文律师行将编制一连七篇解答关于外商投资澳洲矿业常见问题的连载文章, 本文为该连载文章的第一篇。 Mining Finance Commercial Corporate London Paris CyberOwl - London Brussels Geneva Piraeus Dubai Shanghai Hong Kong Singapore Melbourne Sydney Perth Brazil Alliance Offices -
Life cycle of a sanctions programme
06/09/2013
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The continued increase of multilateral sanctions against Iran and speculation about action against Syria offer a useful contrast to the lifting of sanctions against Burma, such that now is an appropriate time to look at some of the trends and common features in EU sanctions programmes, with a particular focus on how those programmes have developed over time and what commercial organisations might expect if they are affected by them. International Trade Regulation Commercial Energy London Middle East Commodities Ports & Terminals -
Determining the scope of catastrophe cover
08/08/2013
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The devastating and widespread impact of the windstorms and flood events which affected Central Europe earlier this Summer resulted in estimated insured losses of US$5 billion and total economic losses of US$22 billion. They serve as a timely reminder that extreme weather events are no longer the sole preserve of so called “Nat Cat” hot spots or the US hurricane season, but can strike closer to home often with devastating results. Insurance & Reinsurance London Paris CyberOwl - London Brussels Geneva Piraeus Dispute Resolution -
Strike - The Impact on Shipping
19/06/2013
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When ports suffer from strikes, industrial action or other disruption and a terminal cannot work, who foots the bill? Shipping Ports & Terminals Dispute Resolution Asia Pacific Hong Kong -
Challenging Times in the Coastal Trade
30/05/2013
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The year 2012 was a year of significant legislative reforms. In 2013 the outcomes of the Coastal Trading (Revitalising Australian Shipping) Act 2012 (Act) will be better understood by the shipping community. Shipping Ports & Terminals Melbourne Sydney Perth Asia Pacific -
Insurers and Brokers Beware
30/05/2013
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Despite ongoing talks between Iran and the P5+1 (the US, Russia, China, the UK, France and Germany), culminating in recent discussions in Kazakhstan in February and April 2013, Iran is still subject to international trade sanctions which are amongst the most onerous (and certainly the most complex) which have ever been imposed against any country. Insurance & Reinsurance London Paris CyberOwl - London Brussels Geneva Piraeus Dubai Shanghai Hong Kong Singapore Melbourne Sydney Perth Brazil Africa Asia Pacific Eastern Europe & Russia Indian Sub-continent Latin America Middle East Scandinavia USA & Canada EU, Competition and Trade Regulatory -
The Air We Breathe
28/05/2013
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When the Hong Kong Environmental Protection Department announced in March this year that it intended to introduce legislation requiring ocean-going vessels to burn low-sulphur fuel while berthing in Hong Kong waters, residents and pressure groups breathed a collective sigh of relief. Ports & Terminals Shipping Hong Kong Asia Pacific -
Addressing EU inconsistencies
07/05/2013
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Europe’s ports have long served as the gateways to the transport market within Europe as well as to the rest of the world: its ports have created the base for European-wide infrastructure networks, providing benefits for many and relied upon by millions. EU, Competition and Trade Regulatory London Paris CyberOwl - London Brussels Geneva Piraeus Ports & Terminals -
Playing the Pilot
29/03/2013
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As the UK-Government supported Marine Navigation Bill (No.2) comes under close scrutiny by the national Parliament, there are wider implications for the Bill than its UK-centric focus implies. Ports & Terminals London Paris CyberOwl - London Brussels Geneva Piraeus Dubai Shanghai Hong Kong Singapore Melbourne Sydney Perth Brazil Africa Asia Pacific Eastern Europe & Russia Indian Sub-continent Latin America Middle East Scandinavia USA & Canada -
UK competition law reforms aid actions
27/02/2013
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Changes encourage consumers and businesses to bring collective action against companies involved in price-fixing cartels. EU, Competition and Trade Regulatory London Paris CyberOwl - London Brussels Geneva Piraeus Eastern Europe & Russia -
Currency Concerns
20/02/2013
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The Eurozone debt crisis has prompted those involved in port operations to consider carefully the potential consequences of the exit of a Eurozone state from the Euro and a re-denomination into a replacement local currency. Insurance & Reinsurance Commercial London -
The lender on the hook?
15/02/2013
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Jenny Salmon, of Holman Fenwick Willan, and James Turner, of Quadrant Chambers, examine the ship finance implications of the recent court decision in The Kyla. Shipping London -
Opportunities & threats for Myanmar investors
18/01/2013
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The year 2012 has seen a remarkable change of fortunes for the Republic of the Union of Myanmar. In April, by-elections held for 46 parliamentary seats were widely regarded as vital for the country’s transition from half a century of military rule, and a key component of the state’s 2003 “Roadmap to Democracy.” President Thein Sein’s willingness to embrace reform has catalyzed an ease in economic sanctions imposed by the EU, Canada and the US. Mining Energy Commodities Financial Institutions Corporate Finance International Trade Regulation -
Shipowners need not give charterers five days to pay
16/01/2013
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The English Commercial Court has recently handed down a judgment that will be welcome news for shipowners operating in the offshore sector, according to Holman Fenwick Willan associate Scott Pilkington and partner Paul Dean. Shipping Dispute Resolution -
Putting on weight
12/12/2012
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Inaccurate container weight declarations continue to create safety and operational issues, putting vessels, other cargo, crew and terminal facilities at risk. Ports & Terminals Commercial London -
Beyond backyard cover
11/12/2012
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Most businesses purchase property damage insurance to protect against physical damage to their property. Insurance & Reinsurance Dispute Resolution -
The Equator Principles - Worth the Risk
11/12/2012
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The finance sector has endorsed corporate social responsibility through the Equator Principles (EPs) and project developers must be prepared to provide comprehensive evidence of the environmental and social impacts of their proposals when seeking project finance. Mining Projects Finance Corporate Perth -
As far as the eye can see
26/10/2012
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In late August, the US Securities and Exchange Commission (SEC) adopted disclosure and reporting rules for companies engaged in the development of oil, natural gas and minerals (collectively called “extractive industries”). Commercial Mining Commodities USA & Canada London -
From the ground up
22/10/2012
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Port development projects are fraught with risk. Harsh and unpredictable weather patterns and unstable or unsuitable land conditions can keep developers (and their lawyers) awake at night while project costs spiral out of control. Ports & Terminals Projects Construction Dispute Resolution Commercial Melbourne Sydney Perth Asia Pacific -
A supporting role
29/09/2012
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The International Maritime Bureau’s Piracy Reporting Centre recently reported a worldwide decline in the number of piracy and armed robbery attacks against ships in the first six months of 2012, with 177 worldwide reported incidents compared with 266 incidents for the corresponding period for 2011. Ports & Terminals Shipping Dispute Resolution Dubai -
Legal and regulatory treatment of floating oil and gas vessels needs clarification
28/09/2012
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A question that has long vexed the offshore oil and gas industry is how courts and regulators will treat the various species of floating exploration, production, storage, and offloading vessels. From a legal and regulatory perspective, will these craft be treated in a way similar to that of trading ships, such as tankers? Or will they be regulated as if they were permanent offshore installations, such as wellhead platforms? Energy Shipping Dispute Resolution London Oil and Gas -
Information or intervention?
28/08/2012
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Vessel traffic systems in Australia sit uncomfortably between the regulatory jurisdictions of the Commonwealth and States. While the soon-to-be-enforced Navigation Bill 2012 is intended to mark a new era of better safety outcomes including for privately and publicly owned Australian ports, on closer look there is a mismatch between current operating systems and the International Maritime Organisation’s model for vessel traffic service. Ports & Terminals Dispute Resolution Commercial Melbourne Sydney Perth -
Revision to the offshore construction policy
06/08/2012
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New international terms of insurance may soon be coming out in the London market which is likely to have a profound effect on any oil and gas company planning construction work in the Middle East moving forward. This will change the product landscape available to energy insurers and brokers active in this area. This is especially relevant to the Middle East given the vast number of energy construction projects currently planned in the region over the next five years. Dispute Resolution Insurance & Reinsurance London Middle East Energy -
Eurozone crisis - expect the unexpected
26/07/2012
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The Eurozone debt crisis has caused the (re)insurance market to consider carefully the consequences of the exit of a Eurozone state from the Euro and a re-denomination into a replacement local currency. Insurance & Reinsurance -
Nat cat reminder to market
16/07/2012
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2011 saw an unprecedented sequence of natural catastrophes, including the Christchurch earthquake, the Japanese earthquake and tsunami and the floods in Thailand. In addition to the devastating loss of life and the impact on local communities, these events have also had a significant impact on the global insurance industry. This article will look at the financial impact of these events and consider what lasting effects they may have on the industry in the longer term. Dispute Resolution Insurance & Reinsurance -
Insurance and Reinsurance Issues Arising out of Natural Catastrophes July 2012
15/07/2012
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2011 saw an unprecedented sequence of natural catastrophes including the Christchurch earthquake, the Japanese earthquake and tsunami and the floods in Thailand. In addition to the devastating loss of life and the impact on local communities, these events have also had a significant impact on the global insurance industry with insured losses estimated at more than US$110 billion. In this article, we will consider the immediate financial impact these events have had on the industry, as well as some of the insurance and reinsurance issues that commonly arise in the context of claims resulting from natural catastrophes. Insurance & Reinsurance London Paris CyberOwl - London Brussels Geneva Piraeus Dubai Shanghai Hong Kong Singapore Melbourne Sydney Perth Brazil Alliance Offices Asia Pacific USA & Canada Dispute Resolution -
Impact of wild weather
13/07/2012
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For contractors, developers and their lawyers, port construction projects involve a multitude of construction risks to agonize over. Although most construction contracts seek to address every conceivable eventuality, the risks on port projects are unique as they involve work in harsh weather, unpredictable conditions and on land that may be unstable or unsuitable for normal construction methods. Ports & Terminals Construction Dispute Resolution Projects Melbourne Sydney Perth Asia Pacific -
Feeding the dragon
13/07/2012
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China has an almost insatiable demand for raw materials to feed its ambitious growth, but can supply keep up? Ports & Terminals Energy Projects Corporate Finance Asia Pacific Shanghai Sydney -
Advantage Liens
27/06/2012
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The last twelve months have seen liens become a “buzzword” in the maritime industry. With retailers, supply chain managers and ship operators feeling the economic pinch, their service providers are increasingly having to take the difficult decision as to whether they need to take steps to secure any outstanding debts. However, doing so by way of a lien can often raise the stakes. Although a lien is traditionally viewed as a self-help remedy, it can cause more problems and potential liabilities than the debt being secured. Logistics Dispute Resolution Shipping London -
A not so private arbitration
20/06/2012
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Without much fanfare, the 11th edition of the key salvage industry standard contract, Lloyd’s Open Form (LOF 2011), was published at the end of last year. It introduced some welcome changes, although several received little publicity. Shipping Dispute Resolution London Africa Asia Pacific Eastern Europe & Russia Indian Sub-continent Latin America Middle East Scandinavia USA & Canada -
Western Australia Port Development
19/06/2012
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Western Australia has 21 ports, which handled a combined total trade tonnage of approximately 517mt in 2010/11. Ports & Terminals Projects Perth Commodities Shipping Asia Pacific -
Federal Court rules that FFA linked ship arrest was not legally justified
14/06/2012
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Federal Court rules that FFA-linked ship arrest was not legally justified Shipping Dispute Resolution Finance -
Indian Ports: The need for capacity and investment
29/05/2012
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Like many of the dynamic and fast growing world economies, India is taking a close look at ways in which it can develop and expand its ports to cope with increasing demands. Congestion and capacity constraints at some of the key Indian gateways have led to pressure from the shipping industry and customers for the Indian government to open up the sector and develop suitable infrastructure for what is now the world’s third largest economy. Much has already been done. The Indian government is already trying to co-ordinate new port development in key strategic hubs and to encourage private investment to ensure that these key elements of infrastructure allow the country to keep apace with the demands of its economic development. Ports & Terminals Corporate Indian Sub-continent -
Iran sanctions: is your business exposed?
29/05/2012
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Sanctions remain a hot topic, with additional restrictions imposed by authorities in the US, EU and elsewhere on a regular basis. The penalties for breaching sanctions are severe, and any company which trades with Iran or Syria (or which has customers who do) needs to understand the nature and extent of the current restrictions. Energy Shipping London USA & Canada Financial Institutions -
Bulk Wheat Exports - will the new regime be a toothless tiger?
10/05/2012
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The abolition of the WEA and the wheat export accreditation scheme from October 2012, along with the removal from October 2014 of the requirement for port terminal operators to have in place an access undertaking, will bring about a significant change in the way bulk wheat is exported from Australia. Commodities Melbourne Ports & Terminals Sydney Perth Asia Pacific -
Regulatory-overload
21/04/2012
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In December 2011, the European Commission (the Commission) published a proposal to introduce a directive on the award of services and works concession contracts (the Proposed Directive). It is however difficult to assess the impact of the Proposed Directive as it is yet to be finalised, and is likely to be scrutinised by both the European Parliament and the European Council. EU, Competition and Trade Regulatory International Trade Regulation London Brussels -
Weighty issues for heavy lift cargoes
04/04/2012
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With major construction projects such as Gorgon and Gladstone continuing to fuel the need for further project cargoes, it is timely to look at some of the legal issues that arise. New reforms to the regulation of Australia’s coastal shipping industry will have an impact. Contractual and insurance issues will continue to feature in the procurement process. Energy Shipping Ports & Terminals Dispute Resolution Asia Pacific Melbourne Sydney Perth -
Insurance Coverage Issues affecting the Financial Services Industry
29/03/2012
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The last few years have seen a considerable amount of upheaval in the financial services sector: the collapse of Lehman Brothers in September 2008; the discovery of the Bernard Madoff fraud in December 2008; rogue trading at Société Générale and UBS; the liabilities arising from the sale of Payment Protection Insurance, not to mention the effect of the worldwide economic downturn and its impact on the financial services sector. Whilst these (and there are many more not mentioned) are high profile events, there are far more lower profile events that regularly lead to insurance claims and insurance coverage disputes. -
Take a load off
26/03/2012
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To weigh or not to weigh? That is the question currently under discussion throughout the container shipping industry. -
Testing times for political violence cover
14/03/2012
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Increased certainty in the insurance and reinsurance industry is the key to helping property owners and businesses mitigate the risks posed by the threat of political violence. Insurance & Reinsurance Dispute Resolution Commercial London -
Satellite interference
27/02/2012
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Throughout fifty years of space activities the world has become increasingly dependent on space-based capabilities and applications, the benefits of which have been realised in almost all fields of human activity. In recent years there has been a growing awareness of the risk of collisions in space and of vulnerability of space systems to threats posed by space debris in particular and to a lesser extent by space weather. However, a further threat is the risk of interference in its various forms. This risk, by comparison, has received relatively little attention so far. Space Insurance & Reinsurance Dispute Resolution London -
The Commodities Boom - the effect on port infrastructure
24/02/2012
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The rapid growth of world trade combined with the globalisation of the world economy has led to an increase in the demand for commodities. The commodities boom has affected global trade methods despite the effects of the economic down turn. Indeed, the bulk shipping of commodities continues to dominate world trade. Ports & Terminals Commodities Construction London -
Ship Pollution Response Organisations - Understanding the new PRC regulations
10/02/2012
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For many years tankers operating in United States waters have retained, on a contractual basis, an Oil Spill Response Organisation to provide clean up services in the event of an oil pollution incident. The People’s Republic of China (“PRC”), since 1 January 2012, now has a similar regime in place for all vessels with gross tonnages greater than 10,000 as well as all tankers carrying oil or other liquid hazardous cargo. Shipping Shanghai Dispute Resolution -
Chapter 11: Liberation or suspended sentence
07/02/2012
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2011 has seen the insolvency of several shipping concerns. The boards of companies holding tankers and containerships in particular have watched their earnings decline to a level insufficient to service debt, leaving in prospect but one apparent alternative: wholesale repossession, foreclosure and liquidation. Shipping Finance Restructuring and Insolvency London Piraeus USA & Canada -
Banning ransom payments to somali pirates
02/02/2012
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The payment of a ransom to pirates, to allow them to profit from their criminal conduct, feels wrong on so many levels. So, why is it permitted? Surely, if the payment of ransom was banned, the problem would be solved? Well, wouldn’t it? Shipping Dispute Resolution International Trade Regulation London Africa Asia Pacific Eastern Europe & Russia Indian Sub-continent Latin America Middle East Scandinavia USA & Canada -
Madoff and Insurance Coverage
26/01/2012
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Reports of the Madoff fraud in December 2008 led to an influx of insurance notifications on Bankers Blanket Bond (“BBB”)/Crime; Directors’ & Officers’ (“D&O”); Errors and Omissions (“E&O”) and Professional Indemnity (“PI”) policies. Notifications were primarily made on E&O and PI policies, and mainly on behalf of lawyers, accountants and financial institutions. The litigation which ensued has led to a number of important insurance coverage issues: Financial Institutions Insurance & Reinsurance London Dispute Resolution -
Nowhere to hide
10/12/2011
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The historic location of ports close to centres of population, often within towns and cities, has somewhat diminished over the years as ports have in many cases migrated downstream to the coast. -
Nuisance neighbours
18/11/2011
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The historic location of ports close to centres of population, often within towns and cities, has somewhat diminished over the years as ports have in many cases migrated downstream to the coast. -
Competing concerns
19/10/2011
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In May this year, the biggest global container lines were “dawn raided” by the European Commission at premises across the European Union, under suspicion of conspiring to fix prices and/or capacity on major shipping routes. -
Developing trends in aviation disaster litigation
17/10/2011
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The need to resolve claims expeditiously and reasonably has rarely been more important than in today’s rates-challenged aviation insurance market. Yet, while there is comfort to be drawn from recent US Federal Court decisions, the broader picture, both in the US and internationally, provides aviation insurers and their legal advisors with significant challenges. -
Sanctions: Effect on terminal operators
26/09/2011
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International sanctions pose a threat to worldwide ports and terminals. -
UK Bribery Act
20/08/2011
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Promising an incentive to stevedores to discharge a vessel in a timely manner, giving a bottle of whiskey to a customs official to avoid delays, or offering a large box of cigarettes to a port agent so as to receive special treatment. Activities such as these have always run the risk of falling foul of the criminal laws of the United Kingdom. However, until now, bribery offences under UK Law have been obscure and have lacked clarity. -
Accident nucléaire et pertes économiques
15/07/2011
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L’accident nucléaire survenu au Japon a des répercussions en France: les entreprises peuvent connaître des pertes financières dues au défaut de livraison de produits. Etude de cas d’une société qui chercherait à obtenir réparation. -
Return to sender
15/07/2011
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The Bribery Act 2010 came into force on 1 July 2011. Readers will doubtless be aware that the Act creates a number of criminal offences on the payment and acceptance of bribes, this includes a new strict liability offence for failure of a commercial organisation to prevent bribery, subject to a defence of having in place adequate procedures. In this article we seek to address the wider commercial implications of bribery and conviction for an offence under the Bribery Act 2010. -
Waking up to dawn raids
28/06/2011
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On 17 May, up to a dozen container lines were subjected to unannounced inspections (“dawn raids”) by the European Commission, investigating possible breaches of EU competition rules. -
Harnessing the wind
17/06/2011
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While the majority of ports worldwide have publicly recognised the importance of “greening” the port industry, integrating sustainability and clean energy into current operations without jeopardising profitability remains a major challenge for port operators. -
Container liner dawn raids
31/05/2011
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On Tuesday 17 May 2011 the European Commission (the “Commission”) made several unannounced inspections at the premises of companies engaged in “container liner shipping in several member states”, on the grounds that they had “reason to believe” the companies may have breached EU cartel or monopoly-abuse rules, including conspiring to fix prices and/or capacity on major shipping routes. It is to be noted that the carrying out of the “dawn raids” does not mean that the companies are guilty of anti-competitive behaviour. -
End to gender discrimination
14/05/2011
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The European Court of Justice (ECJ) has found that the pricing of insurance and other financial services on the basis of the sex of the customer amounts to sexual discrimination. -
A good performance
11/05/2011
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Key performance indicators are used by terminal operators to measure the performance of their terminals and to help maintain a consistent quality of work. Of course, KPIs and how they are measured vary from terminal to terminal and therefore there is a great deal of debate on how they should be used, and if the measurements are an accurate reflection of a terminal’s performance. -
Dealing in the exclusive
28/03/2011
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Terminal users generally wish to retain as much flexibility to source their terminal requirements elsewhere as is consistent with achieving acceptable rates from terminal operators; terminal users will therefore generally be unwilling to offer exclusivity. -
Watertight contracting
22/03/2011
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The ease with which many ocean freight agreements were torn up by shippers in 2009, and then by ocean carriers in 2010, suggests that the old adage of ‘my word is my bond’ no longer holds as much water as before. -
Bridging the gap
22/02/2011
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Prudent port and terminal operators purchase global industrial risks insurance policies which incorporate cover for property damage and any resultant business interruption losses. But the smallprint can contain a host of overlooked limits and liabilities. -
Containing the ore outbreak
03/02/2011
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The world has, once again, been reminded of China’s massive effect on Australia’s economy with the signing of ten investment, trade and cooperation agreements between the two countries. -
Concorde Crash
26/01/2011
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On July 25 2000 Concorde crashed shortly after take-off from Roissy Charles de Gaulle Airport in Paris, killing 113 people. On February 2 2010 the long-awaited trial - and battle of experts - began before the Pontoise Criminal Court. The judgment was finally rendered on December 6 2010; however, almost all of the parties involved in this action have now lodged appeals against the judgment. -
Business interruption insurance: the importance of understanding the cover
19/01/2011
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Business interruption insurance is often a key component of a company’s business continuity plan. The insurance is designed to compensate an insured for the financial impact of the interruption/interference to that business as a result of physical damage to insured property or other key external events, such as damage at a supplier’s or customer’s premises. The intention is to restore the business to the same financial position as if the loss had not occurred, subject always to the terms and conditions of the policy. -
Carbon Control
09/12/2010
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Climate change may have been pushed off the public’s agenda in recent months but, regardless of its visibility, this issue continues to develop and have its impact on a number of economic sectors. - Sorry, your search returned no results