Publications

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

• Indonesia: New Regulatory Updates on the Obligation to Use Indonesian Vessels for Certain Exports and Imports
  27/05/2020
  Read more about Indonesia: New Regulatory Updates on the Obligation to Use Indonesian Vessels for Certain Exports and Imports
  In the midst of the global pandemic Covid-19, the Indonesian Government has finally issued a new regulation on the use of national sea transport for the export and import of certain goods, replacing the previous regulation (Minister of Trade Regulation Number 82 of 2017 as lastly amended by the Minister of Trade Regulation Number 80 of 2018), on which we reported here. Asia Pacific  International Trade Regulation 
• Recent EU Trade Policy and the Implications for the Negotiations on Future Relationship with the UK
  11/05/2020
  Read more about Recent EU Trade Policy and the Implications for the Negotiations on Future Relationship with the UK
  EU trade policy is likely to receive considerable attention over the next few months, as the EU negotiates its future trading relationship with the UK. EU, Competition and Trade Regulatory 
• Force Majeure – Now What? A Three-Step Framework for Mitigation
  04/05/2020
  Read more about Force Majeure – Now What? A Three-Step Framework for Mitigation
  COVID-19 has led many companies to seek shelter within the force majeure provisions of their contracts, and our earlier briefings on this can be found on our website¹. But, having declared force majeure, what should you do next? Can you simply wait until it all blows over? The reality is that there is a continuing duty to mitigate the impacts of force majeure events. Here, we run over the basics and set out a three-step framework to assist you in protecting your position. Dispute Resolution 
• Maritime arbitrators: practical steps to manage your sanctions risk
  30/04/2020
  Read more about Maritime arbitrators: practical steps to manage your sanctions risk
  Shipping is currently in the centre of the sanctions spotlight – that is abundantly clear from recent US enforcement action, as well as public statements by US politicians. Shipping  Dispute Resolution  International Trade Regulation 
• When is control too remote?
  29/04/2020
  Read more about When is control too remote?
  This briefing looks at the recent English Commercial Court judgment in Pipia v BGEO Group Ltd [2020] EWHC 402 (Comm)¹, which gives welcome clarity, for the purposes of disclosure, on the extent to which a parent company would have control over documents held by its subsidiaries. Dispute Resolution 
• Adopt the Electronic Signature in French Corporate Law
  28/04/2020
  Read more about Adopt the Electronic Signature in French Corporate Law
  In France, it has been more than 20 years since the electronic signature was enshrined in Law No. 2000-230 of 13 March 2000 (Article 1367 of the French Civil Code), which defines it as "the use of a reliable identification process guaranteeing its link with the document to which it is attached". Corporate  Paris 
• Improving liquidity by selling debts –a look at anti-assignment provisions in receivables financing.
  28/04/2020
  Read more about Improving liquidity by selling debts –a look at anti-assignment provisions in receivables financing.
  Debts and contractual rights are generally freely assignable, unless prohibited by statute or, more often, by contract. This article will consider non-assignment clauses in the context of receivables financing by examining recent developments in this area of English law, which flag important issues for all parties to bear in mind. Geneva  Finance  International Trade Regulation 
• Adoptez la signature electronique en droit des societes
  27/04/2020
  Read more about Adoptez la signature electronique en droit des societes
  En France, cela fait plus de 20 ans que la signature électronique a été consacrée par la loi n° 2000-230 du 13 mars 2000 (article 1367 du Code civil) qui la définit comme suit : "elle consiste en l'usage d'un procédé fiable d'identification garantissant son lien avec l'acte auquel elle s'attache." Corporate 
• Can lawyers ever disclose their clients’ privileged documents?
  24/04/2020
  Read more about Can lawyers ever disclose their clients’ privileged documents?
  It is well established that under English law Legal Advice Privilege (LAP) can protect the confidentiality of lawyer / client communications where legal advice is being sought. However, a recent decision has confirmed the principle that such privilege does not attach to communications between lawyer and client if the lawyer is instructed for the purpose of furthering crime, fraud or iniquity. Dispute Resolution  Fraud and Insolvency 
• 'Negative' oil prices: what traders need to know
  22/04/2020
  Read more about 'Negative' oil prices: what traders need to know
  Oil companies are currently facing a tremendous challenge. With massive oversupply in the market and storage facilities at capacity, the oil price has plummeted. The US has seen a "negative" price (sellers potentially paying buyers to take oil off their hands) for the first time in history. There is also the risk of negative prices arising in trading contracts, where price formulae involve the application of a discount to the already low benchmark price. Commodities 
• EU Sanctions Authorities Start to Show Their Teeth
  07/04/2020
  Read more about EU Sanctions Authorities Start to Show Their Teeth
  On 31 March 2020, the UK's Office of Financial Sanctions Implementation (OFSI) announced that the Economic Secretary to the Treasury had upheld the decision to impose two fines on Standard Chartered Bank for breaching EU financial sanctions on Sberbank and its former subsidiary Denizbank A.S. EU, Competition and Trade Regulatory  International Trade Regulation 
• Sanchez v. Smart Fabricators – Fifth Circuit Denies Seaman Status to Offshore Worker Injured on Jack-Up Rig
  06/04/2020
  Read more about Sanchez v. Smart Fabricators – Fifth Circuit Denies Seaman Status to Offshore Worker Injured on Jack-Up Rig
  In Sanchez v. Smart Fabricators of Texas, LLC, No. 19-20506 (5th Cir. March 11, 2020), the Fifth Circuit took up seaman status once again, this time focusing on whether a person’s connection to a vessel in navigation is substantial in nature. Shipping  Dispute Resolution 
• The Sixteen-Year Voyage Of The M/T Athos I Through The US Courts Comes To An End: US Supreme Court Decides That A Safe-Berth Clause Establishes A Warranty Of Safety
  03/04/2020
  Read more about The Sixteen-Year Voyage Of The M/T Athos I Through The US Courts Comes To An End: US Supreme Court Decides That A Safe-Berth Clause Establishes A Warranty Of Safety
  Safe-berth clauses appear in a variety of maritime contracts such as charters and tariffs, as well as in hybrid commodities sales contracts. The United States Supreme Court’s M/T Athos I decision resolved a circuit split on the interpretation of a safe-berth clause and holds that an unqualified safe-berth clause is a contractual warranty that imposes strict liability for breach. Shipping  USA & Canada 
• Does the winner take all? The Fifth Circuit clarifies who is a prevailing party in maritime contracts
  01/04/2020
  Read more about Does the winner take all? The Fifth Circuit clarifies who is a prevailing party in maritime contracts
  In commercial maritime disputes, the potential award of attorney’s fees under a fee-shifting clause can greatly impact resolution strategy. In Genesis Marine LLC of Delaware v. Hornbeck Offshore Services LLC,¹ the Fifth Circuit addressed the issue of “what constitutes a prevailing party in the context of a maritime contract dispute”² which will provide guidance to parties assessing risk of potential commercial marine claims. Shipping  USA & Canada 
• Texas Supreme Court addresses insurance coverage and extrinsic evidence
  31/03/2020
  Read more about Texas Supreme Court addresses insurance coverage and extrinsic evidence
  The United States Court of Appeals for the Fifth Circuit recently sent a certified question to the Texas Supreme Court asking whether a policy-language exception to the eight-corners rule—i.e., that the eight-corners rule does not apply to policies lacking language requiring an insurer to defend its insured “even if the allegations of the suit are groundless, false or fraudulent”—is a permissible exception under Texas law. Insurance & Reinsurance  USA & Canada 
• Soft commodities: Unwinding certificates final – quality and description
  20/03/2020
  Read more about Soft commodities: Unwinding certificates final – quality and description
  This is the first instalment in a series of articles focussing on issues affecting soft commodities traders. Commodities 
• Asbestos at sea: An unexpected problem
  18/03/2020
  Read more about Asbestos at sea: An unexpected problem
  Less than one year remains for the owners of any ships calling at EU ports or anchorages to arrange surveys, required by the EU Ship Recycling Regulation, to identify if hazardous materials including asbestos, are present on board. Will such surveys lead to an unwelcome and unexpected surprise with asbestos estimated to be present on a significant number of ships? Can owners be confident of relying on certification that the vessel is "asbestos free" when built? The answer for some owners may unfortunately be no. Shipping 
• Privilege and the Regulator, is FRC v Sports Direct the end of the story?
  11/03/2020
  Read more about Privilege and the Regulator, is FRC v Sports Direct the end of the story?
  English legal professional privilege (LPP) is again in the limelight, this briefing looks at the recent Court of Appeal decision in FRC v Sports Direct¹, which ruled on whether legal advice privilege (LAP), one of the two forms of LPP (the other being litigation privilege), will continue to apply to protected documents provided to the client’s auditor under a limited waiver. Dispute Resolution 
• LME warehouse reforms come into effect
  11/03/2020
  Read more about LME warehouse reforms come into effect
  The London Metal Exchange (LME) has been on a path of reform since 2013. Its initial focus was on infrastructure and operational efficiency. More recently, it turned its attention to reducing stock levels in LME-listed warehouses. Its latest reforms came into effect on 1 February 2020. Commodities 
• Saudi Arabia – aggregator rules - update
  05/03/2020
  Read more about Saudi Arabia – aggregator rules - update
  On 19 February 2020, the Saudi Arabian Monetary Authority ("SAMA") announced the issuance of the Rules Governing Insurance Aggregation Activities (the "Rules"). Insurance & Reinsurance  Riyadh  Middle East 
• The English Court of Appeal Confirms that the ‘Arkin cap’ is not a binding rule in litigation funding: good news for defendants.
  04/03/2020
  Read more about The English Court of Appeal Confirms that the ‘Arkin cap’ is not a binding rule in litigation funding: good news for defendants.
  The Court of Appeal has recently upheld the Chancery Division’s decision in Chapelgate Master Fund Opportunity v Money¹, and in so doing confirmed that the ‘Arkin cap’ is not a binding rule, but merely guidance. This briefing gives an update on the earlier court decision on which we wrote in our briefing entitled: “Are We Seeing The End Of The ‘Arkin Cap’ Limiting A Funder’s Liability For Adverse Costs?”² Dispute Resolution  London 
• SAMA Actuarial Work Regulation for Insurance
  04/03/2020
  Read more about SAMA Actuarial Work Regulation for Insurance
  The Saudi Arabian Monetary Authority (SAMA) announced the issuance of the Actuarial Work Regulation (the Rules) for Insurance on 1 March 2020. This comes after SAMA called for views on the draft regulation in November 2019, and it replaces the previous Regulations for Actuarial Acts of Insurance and/or Reinsurance Companies. Insurance & Reinsurance  Middle East 
• Quincecare Duty in the spotlight: more trouble for banks?
  04/03/2020
  Read more about Quincecare Duty in the spotlight: more trouble for banks?
  Almost thirty years ago, the English courts found that a bank owes a fiduciary duty to its customer, known as the Quincecare duty of care (the Quincecare Duty). Since then, it has rarely been relied upon by customers seeking to take action against their bank. However, this may be about to change following two recent decisions which have thrust the Quincecare Duty back into the spotlight. Dispute Resolution  Finance  Financial Institutions 
• EU Imposes Turkey asset freezes
  02/03/2020
  Read more about EU Imposes Turkey asset freezes
  The EU has now made its first designations under the Turkey sanctions. EU, Competition and Trade Regulatory  International Trade Regulation 
• The UAE's New Life Assurance Regulations – One Month Until Implementation
  02/03/2020
  Read more about The UAE's New Life Assurance Regulations – One Month Until Implementation
  Next month, the Insurance Authority Board of Directors' Decision No. (49) of 2019 Concerning Instructions for Life Insurance and Family Takaful Insurance (the Life Regulations) will come into legal effect. The Life Regulations have the potential to dramatically alter the way in which life assurance products are sold in the UAE. Insurance & Reinsurance 
• Facial Recognition: Facing the Future
  28/02/2020
  Read more about Facial Recognition: Facing the Future
  ‘Facial recognition’ is a technique which uses technology to identify individuals from digital images of individuals’ faces. As use of this technology has grown, so too has the controversy surrounding it, particularly when used ‘live’ (ie. using technology which scans and identifies individuals’ faces in real time). EU, Competition and Trade Regulatory 
• Getting the Green Light for Sustainable Finance in the Commodities Sector
  24/02/2020
  Read more about Getting the Green Light for Sustainable Finance in the Commodities Sector
  How can borrowers in the commodities sector ensure they don’t miss out on funding from green loans and sustainability linked lending? Commodities  Finance  Geneva 
• Supreme Committee of the Insurance Regulation Unit now established in Kuwait
  17/02/2020
  Read more about Supreme Committee of the Insurance Regulation Unit now established in Kuwait
  On 30 January 2020 the Kuwaiti Minister of Commerce and Industry issued a decision (No,24/2020) forming the Supreme Committee ("Committee") of the Insurance Regulation Unit ("IRU"). Insurance & Reinsurance  Middle East 
• The new French regulations on “personal mobility devices” raise some insurance questions
  14/02/2020
  Read more about The new French regulations on “personal mobility devices” raise some insurance questions
  Decree n°2019-1082 of October 25, 2019 regarding the regulation of motorized personal transport vehicles has provided long-awaited answers to the process of approval and circulation of electric scooters. However, some questions remain. Insurance & Reinsurance  Paris 
• Draft Rules Regarding Bancassurance Activities in KSA
  12/02/2020
  Read more about Draft Rules Regarding Bancassurance Activities in KSA
  On 5 February 2020, the Saudi Arabian Monetary Agency ('SAMA') released the 'Draft Rules Governing Bancassurance Activities' (the 'Rules') regarding the sale of (undefined) insurance products by banks in the Kingdom of Saudi Arabia ('KSA'). The Rules set standards for the bancassurance industry. Insurance & Reinsurance  Middle East 
• And the award goes to… Legal Innovation!
  10/02/2020
  Read more about And the award goes to… Legal Innovation!
  The world is not static. Innovation and progress are constant in all areas of society, including economics, technology, and commerce. The law is no different and must adapt to society’s ever-changing needs. In this article we discuss some important areas where the law and practice of law firms is developing or is likely to change in the future.
• New Draft Electronic Insurance Regulations Released
  10/02/2020
  Read more about New Draft Electronic Insurance Regulations Released
  The eagerly awaited UAE Electronic Insurance Regulations have been in the consultation stage for some time now. Last year, we provided an update on the status of the draft Regulations and analysed some of the principle features which insurers and insurance professionals should be aware of – please see here. Insurance & Reinsurance  Middle East 
• WELCAR and Damage to Existing Property – the search for certainty of cover
  10/02/2020
  Read more about WELCAR and Damage to Existing Property – the search for certainty of cover
  We have recently been involved in a case where a dispute arose about the cover for physical damage to first party property (and consequential loss) under the standard endorsement/buy back for Damage To Existing Property wording for the WELCAR offshore construction policy form. To avoid this kind of dispute going forward, Partner Jonathan Bruce considers how the market can provide this cover and give insureds clarity on this issue. Insurance & Reinsurance 
• High Court gives guidance on duties owed by Directors following administration and creditors’ voluntary liquidation
  07/02/2020
  Read more about High Court gives guidance on duties owed by Directors following administration and creditors’ voluntary liquidation
  In what is believed to be the first case to deal with the question, any doubt as to whether the entirety of the duties owed by directors continue post administration or creditors’ voluntary liquidation (CVL) has been firmly laid to rest by the Insolvency and Companies Court’s (ICC) decision of ICC Judge Barber in Hunt (as Liquidator of Systems Building Services Group Limited) v Mitchie and Others [2020]¹. Dispute Resolution  Fraud and Insolvency  Corporate 
• LOF 2020 – an update to the world’s oldest and most commonly used salvage contract
  05/02/2020
  Read more about LOF 2020 – an update to the world’s oldest and most commonly used salvage contract
  On 1 January 2020, the Lloyd’s Salvage Arbitration Branch launched an updated edition of the Lloyd’s Standard Form of Salvage Agreement, or Lloyd’s Open Form (LOF 2020). Shipping  London 
• UAE: Insurance Disputes and the Arbitration Agreement
  03/02/2020
  Read more about UAE: Insurance Disputes and the Arbitration Agreement
  The position on the validity of arbitration agreements in insurance disputes has always been an area of uncertainty in the UAE. Insurance & Reinsurance  Middle East 
• Redefining Waters of the United States: New Federal Act Preserves State Authority Over Water Resources
  24/01/2020
  Read more about Redefining Waters of the United States: New Federal Act Preserves State Authority Over Water Resources
  On 23 January 2020, the U.S. Environmental Protection Agency (EPA) and the Department of the Army (Army) finalized the Navigable Waters Protection Rule to define “waters of the United States” and establish federal regulatory authority under the Clean Water Act of 1972 (CWA)¹. Shipping 
• Legal Advice is Dominant
  24/01/2020
  Read more about Legal Advice is Dominant
  In a Court of Appeal judgment published earlier this week, in which Hickinbottom LJ gave the lead judgment, and Patten and Peter Jackson LJJ both agreed, the Court of Appeal in dismissing an appeal on all grounds, gave helpful clarification on the application of legal advice privilege (LAP), finding that the relevant document or communication must have been created for the dominant purpose of giving or receiving legal advice. This clarifies what has, until now, been an uncertain area. Dispute Resolution 
• Enforcement of judgments between UAE and India gets easier
  20/01/2020
  Read more about Enforcement of judgments between UAE and India gets easier
  By notification just issued on 17 January 2020 (and published on 18 January 2020), the Ministry of Law & Justice in India has declared the UAE to be a reciprocating territory for the purpose of enforcing foreign judgments under the Indian Code of Civil Procedure, 1908. This means that enforcing UAE judgments in India (and vice versa, potentially) has just become much easier and more straightforward. Shipping  Middle East  Indian Sub-continent 
• Offshore Impact: Customs and Border Protection issues a significant notice that changes Jones Act interpretation
  20/01/2020
  Read more about Offshore Impact: Customs and Border Protection issues a significant notice that changes Jones Act interpretation
  On December 11, 2019, U.S. Customs and Border Protection (CBP) issued a significant Customs Bulletin and Notice (the Notice)¹ that will impact whether coastwise qualified vessels are required for certain offshore operations. Shipping 
• Autonomous ships: Drawing a line in the sand
  17/01/2020
  Read more about Autonomous ships: Drawing a line in the sand
  In our first 2020 briefing¹ for our series on Maritime Autonomous Surface Ships (MASS), we consider changes to both the UK Code of Practice (COP) on MASS, signs of progress from the IMO in mapping the regulatory framework of autonomous shipping and a host of other exciting projects, vessel developments and events in which HFW has participated. Shipping 
• Australia issues regulations for implementation of IMO2020 premised on a policy of strict compliance
  16/01/2020
  Read more about Australia issues regulations for implementation of IMO2020 premised on a policy of strict compliance
  One of the many challenges faced by shipowners with the coming into effect from 1st January 2020 of the MARPOL Convention Annex VI global sulphur cap reduction for marine fuel (IMO2020), is the approach that will be taken by Port State Control (PSC) agencies to IMO2020 compliance in different jurisdictions. Shipping  Asia Pacific 
• Cross border transactions into the EU or UK: will you be caught by the new DAC6 reporting requirements?
  15/01/2020
  Read more about Cross border transactions into the EU or UK: will you be caught by the new DAC6 reporting requirements?
  This briefing is a step by step guide to the new EU disclosure requirements for certain cross-border transactions and/or arrangements. EU, Competition and Trade Regulatory 
• Iranian Airspace Restrictions: Managing EU261 Exposures
  14/01/2020
  Read more about Iranian Airspace Restrictions: Managing EU261 Exposures
  This briefing provides guidance to carriers on the Iranian airspace restrictions and considers the impact this will have on the management of passenger claims arising out of EU261. Aerospace 
• Email payment frauds - staying one step ahead
  09/01/2020
  Read more about Email payment frauds - staying one step ahead
  Email payment frauds are becoming more elaborate and can have a heavy financial cost for those that fall victim to them. In this briefing, we examine what businesses can do to prevent themselves becoming a victim to these frauds and to recover money paid out if they do fall victim to such a fraud. Commodities  Dispute Resolution  Fraud and Insolvency 
• When you act in good faith, will you ever walk alone?
  08/01/2020
  Read more about When you act in good faith, will you ever walk alone?
  In its recent decision of New Balance Athletics, Inc v Liverpool Football Club and Athletic Grounds Ltd [2019] EWHC 2837, the English High Court shed light on the meaning of what constitutes good faith. This is a reminder to all parties on the importance of the implied duty of good faith in negotiations and making of tenders. Dispute Resolution 
• The GDPR Abroad: EU guidelines on territorial scope finalised
  07/01/2020
  Read more about The GDPR Abroad: EU guidelines on territorial scope finalised
  In November 2019 the European Data Protection Board (EDPB) published its finalised Guidelines¹ on the territorial scope of the EU General Data Protection Regulation (GDPR)². EU, Competition and Trade Regulatory  Data Protection 
• Indian Supreme Court settles uncertainty on the application of the Indian Arbitration Act
  06/01/2020
  Read more about Indian Supreme Court settles uncertainty on the application of the Indian Arbitration Act
  In a culmination of the continuing back and forth between the Indian Supreme Court and the legislature regarding the applicability of the 2015 amendments to the Indian Arbitration Act, the Supreme Court found certain sections of the latest 2019 amendments to be unconstitutional in its decision in Hindustan Construction Company Ltd. v. Union of India.^[1]
• Gender diversity in the aviation industry: Latest studies identify areas of focus for 2020 and beyond
  03/01/2020
  Read more about Gender diversity in the aviation industry: Latest studies identify areas of focus for 2020 and beyond
  The World Economic Forum's Global Gender Gap Report 2020 revealed that gender parity will not be attained for 99.5 years – a reminder that true gender equality is a marathon, not a sprint. Aerospace  Asia Pacific 
• Cabinet Office honours data breach: a reminder to lock up your personal data
  31/12/2019
  Read more about Cabinet Office honours data breach: a reminder to lock up your personal data
  The UK Government’s Cabinet Office made headlines for the wrong reasons recently after accidentally publishing personal address details of recipients of New Year honours online. EU, Competition and Trade Regulatory  Data Protection 
• Indonesian government revokes regulation on foreign construction businesses
  19/12/2019
  Read more about Indonesian government revokes regulation on foreign construction businesses
  Indonesia's June 2019 issuance of Regulation No. 09/PRT/M/2019 (2019 Regulation)¹ sought to provide additional guidance for foreign stakeholders in the Indonesian construction industry, further to 2017’s Construction Law No. 2². Construction  Asia Pacific 
• Comprehensively Yachts - Industry Briefing
  19/12/2019
  Read more about Comprehensively Yachts - Industry Briefing
  At the end of another busy year for our yacht team and the yachting industry as a whole, we are pleased to publish our latest yachting industry briefing. Shipping 
• Good Faith in the UAE - An Insurance focus
  17/12/2019
  Read more about Good Faith in the UAE - An Insurance focus
  The concept of good faith differs between common law and civil law systems, particularly in relation to insurance and reinsurance contracts. This article highlights the key points to bear in mind in relation to good faith in the UAE and how this can impact on claims. Insurance & Reinsurance  Middle East 
• To Be Maritime or Not To Be Maritime – That Is the Question
  13/12/2019
  Read more about To Be Maritime or Not To Be Maritime – That Is the Question
  In Barrios v. Centaur, LLC, the United States Court of Appeals for the Fifth Circuit expands the application of the In re Larry Doiron test to Mixed-Services Contracts Shipping 
• FinSA: The new Swiss Financial Services Act and new obligations for companies which manage other parties' risk
  11/12/2019
  Read more about FinSA: The new Swiss Financial Services Act and new obligations for companies which manage other parties' risk
  The Swiss Financial Services Act ("FinSA"), the Swiss equivalent to MIFID II, will come into effect in stages from 1 January 2020 onwards. The aim of FinSA is different from other Swiss regulations dealing with derivatives, in that its purpose is to protect the customers of financial service providers and to regulate market conduct. Commodities  Geneva  Finance 
• New year, new rules: changes to MC99 and new MP14 regime
  10/12/2019
  Read more about New year, new rules: changes to MC99 and new MP14 regime
  We explore the recent changes to two existing international aviation treaties, MC99 and the Tokyo Convention 1963, and the likely impact on aviation industry stakeholders. Aerospace  Asia Pacific 
• Airlines vs. claims agencies…the EU261 fight continues!
  29/11/2019
  Read more about Airlines vs. claims agencies…the EU261 fight continues!
  In February this year, low-cost carrier Ryanair secured a significant victory for the airline industry when the English Court of Appeal (CA) ruled in its favour in a dispute with solicitors Bott & Co, who specialise in the volume pursuit of compensation claims against airlines under EU Regulation 261/2004 (EU261)¹. In November, Bott & Co were granted permission to appeal, paving the way for the UK Supreme Court (formerly the House of Lords) to consider issues arising out of EU261 for the first time in its history². Aerospace 
• Singapore Court refuses to enforce international arbitration award
  29/11/2019
  Read more about Singapore Court refuses to enforce international arbitration award
  In its recent decision in ST Group Co. Ltd. v. Sanum Investments Limited [2018] SGHC 141¹, the Court of Appeal in Singapore refused to enforce an award for the reason that the award incorrectly decided to seat the arbitration in Singapore. Energy 
• KSA Inherent Defects Insurance
  27/11/2019
  Read more about KSA Inherent Defects Insurance
  With the number of developments announced recently in Saudi Arabia, the KSA construction industry is going through a dynamic and exciting phase. It may therefore come as no great surprise that the KSA regulatory authorities are taking an increasing interest in insurance in this sector. Middle East  Insurance & Reinsurance 
• Do I Need a Ship Recycling Policy?
  26/11/2019
  Read more about Do I Need a Ship Recycling Policy?
  The entry into force of the European Ship Recycling Regulation EC NO. 1257/2013 (the SRR) on 31 December 2018 once again brought ship recycling back into the limelight. Shipping 
• Cryptocurrencies are Property and Capable of Enforcement: UK Taskforce Confirms
  22/11/2019
  Read more about Cryptocurrencies are Property and Capable of Enforcement: UK Taskforce Confirms
  In what has been described as a "watershed" development that is likely to boost the appeal of the English courts, a paper published last week confirms English law will view cryptocurrencies as "property" and therefore capable of enforcement by the English courts. Dispute Resolution  Digital Trade 
• The UAE's Draft Electronic Insurance Regulations and the Outsourcing of Electronic Insurance Operations
  19/11/2019
  Read more about The UAE's Draft Electronic Insurance Regulations and the Outsourcing of Electronic Insurance Operations
  Earlier this year, the Insurance Authority released draft regulations relating to Electronic Insurance (the Draft Regulations). While the Draft Regulations have not yet been implemented, there are certain proposed provisions which insurers and insurance professionals should be aware of. Insurance & Reinsurance  Middle East 
• Future of Flight series: Urban air mobility – Challenges and Change
  18/11/2019
  Read more about Future of Flight series: Urban air mobility – Challenges and Change
  Our Future of Flight series considers the legal and regulatory challenges facing the aerospace industry due to the rapidly changing dynamics in the skies and on the ground. Aerospace  Singapore 
• Turkey: EU Sanctions by Christmas?
  15/11/2019
  Read more about Turkey: EU Sanctions by Christmas?
  On 11 November 2019 the EU adopted the legal framework to impose asset freezing measures against certain individuals and entities in Turkey. International Trade Regulation 
• Volumatic Ltd v Ideas for Life Ltd: English Court refuses to find binding contract, despite written document
  11/11/2019
  Read more about Volumatic Ltd v Ideas for Life Ltd: English Court refuses to find binding contract, despite written document
  The English Intellectual Property Enterprise Court recently examined the objective test to be employed when determining the parties' intention to create legal relations through a written document.
• Supreme Court clarifies when non-party costs liability arises
  11/11/2019
  Read more about Supreme Court clarifies when non-party costs liability arises
  On 30 October 2019 the Supreme Court handed down its decision in Travelers Insurance Company Ltd v XYZ¹, which will be welcomed by liability insurers. Insurance & Reinsurance 
• 2019 Hurricane Season
  08/11/2019
  Read more about 2019 Hurricane Season
  Hurricane Dorian, which recently devastated the northwestern Bahamas and caused significant damage to the southwestern United States and Atlantic Canada, was the first major hurricane of the 2019 Atlantic hurricane season. Most current projections estimate that something in the region of 2 – 4 further major hurricanes can be expected during the 2019 season, suggesting above average activity. Insurance & Reinsurance 
• Clarification on Translation Requirements for Insurance Policies
  08/11/2019
  Read more about Clarification on Translation Requirements for Insurance Policies
  The UAE Insurance Authority has recently issued Administrative Decision No. 140 of 2019 Concerning the Exclusion of Some Insurance Policies From the Requirement of Being Written in the Arabic Language (the Decision). The Decision has served to clarify which classes of insurance policy must be translated into Arabic. Insurance & Reinsurance  Middle East 
• Navigating a shareholders agreement: Financing the company
  08/11/2019
  Read more about Navigating a shareholders agreement: Financing the company
  In the fourth of our HFW Insights: Navigating a shareholders agreement series, in which we distil common corporate and transactional issues into bite-sized insight, we explore key financing issues in the context of joint ventures. Corporate 
• Commodities: Common Issues in oil trading contracts – Demurrage in sales contracts
  08/11/2019
  Read more about Commodities: Common Issues in oil trading contracts – Demurrage in sales contracts
  This is the third in our series looking at common problems which can arise in oil trading contracts. In a previous article, we looked at issues arising from the use of the term “laycan” in sale contracts. Here, we consider why and how demurrage clauses are included in sale contracts and what effect they have. Commodities 
• Managing sanctions risk in contracts: the High Court provides guidance
  24/10/2019
  Read more about Managing sanctions risk in contracts: the High Court provides guidance
  Given the broad scope of international trade sanctions, the potential for new measures to be introduced with no warning, and the significant fines that have been imposed for sanctions breaches, we strongly recommend that all contracts for international trade should contain a robust sanctions clause. Two recent decisions of the High Court provided useful guidance on the interpretation of such clauses. International Trade Regulation 
• BRILLANTE VIRTUOSO: a cautionary tale for co-assured banks and mortgagees' interest insurers
  17/10/2019
  Read more about BRILLANTE VIRTUOSO: a cautionary tale for co-assured banks and mortgagees' interest insurers
  The High Court has dismissed a claim by the mortgagee bank of the "BRILLANTE VIRTUOSO" under the terms of the vessel's war risks policy on the basis that the constructive total loss of the vessel was caused by the wilful misconduct of the owner.
• Warehouse receipts, fraud and attornment: an English Commercial Court judgment
  17/10/2019
  Read more about Warehouse receipts, fraud and attornment: an English Commercial Court judgment
  The English Court has again considered a case arising out of fraud in warehouses. The judgment in Natixis –v- Marex and Access World¹ looks at the relationship between warehouse operators and metal owners, the status of warehouse receipts and the function of the acknowledgement from the warehouse operator that it holds the goods on behalf of the owner. Commodities 
• Prudential and rothesay: Has Populism reached Part VIIs?
  15/10/2019
  Read more about Prudential and rothesay: Has Populism reached Part VIIs?
  Much has been written in recent weeks about Lord Snowden’s decision, in a somewhat emotive judgment¹, to block the Part VII transfer of the Prudential Assurance Company’s (PAC) annuity book to Rothesay Life. But what does it really mean for the market and for future Part VIIs? Insurance & Reinsurance 
• Indonesia’s 2019 Regulation for construction businesses: Important news for foreign investors
  14/10/2019
  Read more about Indonesia’s 2019 Regulation for construction businesses: Important news for foreign investors
  The June 2019 implementation of Indonesia’s Regulation No. 09/PRT/M/2019 (the 2019 Regulation) seeks to provide additional guidance for foreign stakeholders in the Indonesian construction industry, further to 2017’s Construction Law No. 2¹. We explore the scope of the 2019 Regulation – along with concerns about its possible impact on foreign investment into Indonesia. Construction 
• Cut out the middle man
  14/10/2019
  Read more about Cut out the middle man
  Recent high profile news reports demonstrate the difficulties in ensuring that agents do not cause their trading principals to fall foul of anti-bribery and corruption laws. We look at what trading principals can do to manage this risk. Commodities 
• Positive STJ decision prohibits automatic moral damages for flight delay
  11/10/2019
  Read more about Positive STJ decision prohibits automatic moral damages for flight delay
  On Robson da Silva Balbe vs. Airline (REsp No. 1.796.716 – MG), the Superior Tribunal of Justice (“STJ”, the Brazilian Supreme Court for non-constitutional matters) decided that moral damages for flight delay are not “automatic” and require evidence of “an extraordinary fact that has offended the core of the appellant’s personality”, to justify this type of compensation. Aerospace  Latin America 
• Dismantlecon
  09/10/2019
  Read more about Dismantlecon
  On 23 September 2019 BIMCO published its first standard form offshore marine services decommissioning agreement "DISMANTLECON". DISMANTLECON is a contract for the dismantling and delivery of offshore structures to an agreed place of delivery. BIMCO hopes that the form will encourage a degree of standardisation and consequent cost savings in a market anticipated by UK Oil & Gas to be worth £15.3 billion from 2018 to 2027 in the UK alone ¹. Shipping  Oil and Gas 
• Litigation Funding in the DIFC
  07/10/2019
  Read more about Litigation Funding in the DIFC
  New Mandatory Code of Conduct Impacts on Third Party Funding in the DIFC Dispute Resolution  Dubai  Middle East 
• ICC Incoterms 2020 - Commentary
  01/10/2019
  Read more about ICC Incoterms 2020 - Commentary
  The International Chamber of Commerce (ICC) published the 9th revision of the Incoterms last month. It will come into force on 1 January 2020. Commodities 
• Mind the Gap: On the Outer Continental Shelf, State Law Applies Only Where There is a Gap in Federal Law
  30/09/2019
  Read more about Mind the Gap: On the Outer Continental Shelf, State Law Applies Only Where There is a Gap in Federal Law
  In Parker Drilling Management Services v. Newton, 587 U.S. __, 139 S.Ct. 1881 (2019), the U.S. Supreme Court confirmed the Fifth Circuit’s long held position that, under the Outer Continental Shelf Lands Act (OCSLA), state law is borrowed as the applicable federal law only when there is a gap in the coverage of federal law. Shipping  Houston  USA & Canada 
• Assessing and allocating risks for digital technology in the upstream E&P sector
  26/09/2019
  Read more about Assessing and allocating risks for digital technology in the upstream E&P sector
  “The robots aren’t coming, they are already here.”¹
  
  In May 2019, the Journal of Petroleum Technology addressed the exponential growth of digitized processes in upstream oil and gas operations. The Journal cited to Roger Jenkins, Murphy Oil’s President and CEO, who stated, “[T]he adoption of digital technologies will continue to improve offshore operations, including improved well efficiency, real-time directional drilling, lower maintenance costs and safer operations.” ² Energy  Houston  USA & Canada  Cyber Security 
• Hong Kong Insurance Briefing - September 2019
  25/09/2019
  Read more about Hong Kong Insurance Briefing - September 2019
  In this briefing we look at, New Regime for Hong Kong Insurance Intermediaries; Regulated activities; Fit & proper criteria; Intermediary management control function Insurance & Reinsurance  Hong Kong  Asia Pacific 
• Tackling unruly passengers: Change on the horizon
  16/09/2019
  Read more about Tackling unruly passengers: Change on the horizon
  Changes to the international legal framework on the handling of unruly passengers are likely to come into force later this year.  Against the backdrop of current legislation, we outline the scope of the Montreal Protocol 2014 (MP14) and highlight some measures that carriers may wish to take to safeguard their businesses. Aerospace 
• Thinking of applying for a freezing injunction or have just received one? Recent developments in English freezing injunctions are worth having in mind.
  11/09/2019
  Read more about Thinking of applying for a freezing injunction or have just received one? Recent developments in English freezing injunctions are worth having in mind.
  Freezing injunctions are an important litigation tool used to ensure potential assets are not disposed of and remain available to satisfy a future judgment. Dispute Resolution 
• HFW represents Rubicon Vantage International in first-of-its-kind successful Commercial Court hybrid guarantee claim
  03/09/2019
  Read more about HFW represents Rubicon Vantage International in first-of-its-kind successful Commercial Court hybrid guarantee claim
  HFW Partner Paul Aston and Senior Associate Suzanne Meiklejohn, both based in HFW's Singapore office, represented Rubicon as claimant in an action in the Commercial Court, in Rubicon Vantage International Pte Ltd v KrisEnergy Limited [2019] EWHC 2012 (Comm). Dispute Resolution  Commodities 
• Pro-arbitration Delhi High Court enforces SIAC award - Glencore International AG v Indian Potash Limited & Anr case
  03/09/2019
  Read more about Pro-arbitration Delhi High Court enforces SIAC award - Glencore International AG v Indian Potash Limited & Anr case
  The Delhi High Court's recognition of yet another foreign award  passed under the Singapore International Arbitration Centre (SIAC) Rules 2010, despite several objections by the award-debtor, reinforces India's increasingly pro-arbitration approach and signals the country's growing potential to attract foreign investors. Dispute Resolution  Asia Pacific 
• Bangladeshi cabinet's approval of legislation to bring about ratification of MC99: A positive step but one with potential pitfalls
  03/09/2019
  Read more about Bangladeshi cabinet's approval of legislation to bring about ratification of MC99: A positive step but one with potential pitfalls
  On 26 August 2019, the Bangladeshi Cabinet of Ministers approved, in principle, legislation that would ratify the Montreal Convention 1999 (MC99) and bring Bangladesh into the fold with the other 136 states that have ratified MC99. Aerospace 
• The New Hague Judgments Convention
  28/08/2019
  Read more about The New Hague Judgments Convention
  Dispute Resolution analysis: Sara Sheffield, Partner and Derek Bayley, Associate, both at HFW Dubai, discuss the background to and the details of the new 2019 Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters (the Hague Judgments Convention) – a new international convention aimed at making it easier to enforce court judgments across jurisdictions. Dispute Resolution 
• The rise of cybercrime in Asia Pacific and Considerations for organisations operating in the region
  16/08/2019
  Read more about The rise of cybercrime in Asia Pacific and Considerations for organisations operating in the region
  This article was originally written for Asset Recovery Magazine Cyber Security 
• Legislative reforms to the Indian Law on Arbitration
  15/08/2019
  Read more about Legislative reforms to the Indian Law on Arbitration
  Significant developments in the Indian law on arbitration have taken place during the last few weeks. This is the first time since 2015 that India has undertaken sweeping reforms of its arbitration regime. We outline the key changes and their impacts. Energy 
• SIFoCC’s 2019 Multilateral Enforcement Memorandum-a practical guide to the international enforcement of foreign money judgments
  05/08/2019
  Read more about SIFoCC’s 2019 Multilateral Enforcement Memorandum-a practical guide to the international enforcement of foreign money judgments
  Dispute Resolution analysis: In June 2019, the Standing International Forum of Commercial Courts (SIFoCC) published a Multilateral Memorandum on Enforcement of Commercial Judgments for Money (the memorandum), a landmark multilateral memorandum providing legal guidance on the enforcement of money judgments issued by commercial courts of its membership countries. Derek Bayley and Sara Sheffield, associate and partner in the commercial disputes team at HFW Dubai, outline the aims, scope and limitations of the memorandum. Dispute Resolution 
• Autonomous ships: MASS – The “Pearl” of an Opportunity
  25/07/2019
  Read more about Autonomous ships: MASS – The “Pearl” of an Opportunity
  Since our last article on Maritime Autonomous Surface Ships (MASS) in December 2018¹, as expected there have been continued developments in technology and demonstrations. In this briefing, we write with an update on the work we have been doing at HFW; the latest news from the International Maritime Organization (IMO) on its Regulatory Scoping Exercise (RSE); and recent developments worldwide. Shipping 
• Insurance Authority Dispute Resolution Committees – Update
  24/07/2019
  Read more about Insurance Authority Dispute Resolution Committees – Update
  On 15 July 2019, the Insurance Authority ("IA") published Board Resolution No. 33 of 2019 Concerning the Regulation of Committees for the Settlement and Resolution of Insurance Disputes ("Regulations"). Insurance & Reinsurance  Dispute Resolution 
• How are contract and trust law principles applied in cryptocurrency disputes?
  19/07/2019
  Read more about How are contract and trust law principles applied in cryptocurrency disputes?
  We are beginning to see disputes arising from the use of virtual currencies in trade. How such issues will be tackled is subject to much speculation and debate. Dispute Resolution 
• Air and Liquid Systems Corp. V. Devries
  16/07/2019
  Read more about Air and Liquid Systems Corp. V. Devries
  In Air and Liquid Systems Corp. v. DeVries, the U.S. Supreme Court held that, in the maritime law context, a manufacturer of an asbestos-free product can be liable for injuries caused by parts with asbestos created by third parties that were later incorporated into the manufacturer’s product. Shipping 
• Brexit Update - 'No-Deal' Checklist
  16/07/2019
  Read more about Brexit Update - 'No-Deal' Checklist
  With both candidates to be the next Prime Minister of the United Kingdom refusing to rule out a ‘no-deal’ Brexit, and the current ‘no-deal’ deadline of 31st October 2019 looming, it is important for UK companies and companies which do business with the UK to ensure that they are ‘Brexit-proof’. In this briefing, we provide a checklist of key items for businesses to consider when planning for a no-deal Brexit. EU, Competition and Trade Regulatory 
• IMO 2020- Scrubbers – A good investment?
  12/07/2019
  Read more about IMO 2020- Scrubbers – A good investment?
  In our latest IMO2020 briefing, we look at some of the potential benefits industry stakeholders may stand to gain from investing in vessel scrubbers, otherwise known as Exhaust Gas Cleaning Systems (EGCS). Shipping 
• Have you considered excluding third party rights in all key project contracts, big or small?
  11/07/2019
  Read more about Have you considered excluding third party rights in all key project contracts, big or small?
  An exploration of the Court of Appeal's broad interpretation in Chudley & Ors v Clydesdale Bank plc Energy 
• ICO makes its mark with first large GDPR fine
  08/07/2019
  Read more about ICO makes its mark with first large GDPR fine
  The UK Information Commissioner's Office (ICO) made history yesterday by announcing its intention to fine British Airways a painful £183.39 million for a data breach that occurred last year. EU, Competition and Trade Regulatory 
• California Law Need Not Apply: The U.S. Supreme Court Unanimously Rejects the 9th Circuit and Holds that Outer Continental Shelf Lands Act Only Applies State Law when Federal Law is Silent
  05/07/2019
  Read more about California Law Need Not Apply: The U.S. Supreme Court Unanimously Rejects the 9th Circuit and Holds that Outer Continental Shelf Lands Act Only Applies State Law when Federal Law is Silent
  The Supreme Court in Parker Drilling Management Services, Ltd. v. Brian Newton overturned the Ninth Circuit’s ruling, electing to follow the Fifth Circuit precedent, in a case relevant to companies operating on the Outer Continental Shelf (“OCS”) and subject to the Outer Continental Shelf Lands Act (“OCSLA”).
• The Strait of Hormuz: How can you manage the risks
  03/07/2019
  Read more about The Strait of Hormuz: How can you manage the risks
  On 20 June 2019 the US narrowly pulled back from retaliatory military strikes on Iranian targets. This was a move planned in response to Iran’s targeting of a US drone allegedly operating in Iranian airspace. These events follow a series of attacks on vessels in the Gulf of Oman area, most recently on the “Front Altair” and the “Kokuka Courageous”. Shipping 
• The Supreme Court of the United States decides Dutra Group v. Batterton
  27/06/2019
  Read more about The Supreme Court of the United States decides Dutra Group v. Batterton
  The Supreme Court of the United States decides Dutra Group v. Batterton settling the split between the Fifth and the Ninth Circuits, reconciling Miles v. Apex and Atlantic Sounding Co. v. Townsend and holding that punitive damages are NOT available in seamen’s unseaworthiness actions. Shipping 
• The time for hiding behind the ISM may be over: Libra case acts as a reminder to owners and insurers of the importance of passage planning
  25/06/2019
  Read more about The time for hiding behind the ISM may be over: Libra case acts as a reminder to owners and insurers of the importance of passage planning
  For many years, owners have often relied upon simply having a Safety Management System (SMS) in place to demonstrate their due diligence in ship management and providing a seaworthy vessel. Shipping 
• Industry Briefing: the 2019 Mediterranean yachting season is underway
  19/06/2019
  Read more about Industry Briefing: the 2019 Mediterranean yachting season is underway
  With the Mediterranean yachting season beginning, the HFW yacht team analyse some of the latest developments to affect the yachting industry. Shipping 
• ISDA Smart Derivatives - The Future?
  10/06/2019
  Read more about ISDA Smart Derivatives - The Future?
  For many of our clients, the trading of derivatives is a key element of their trading functions and risk-management processes. In light of increased regulatory requirements and an industry-wide focus on the potential benefits of automation, the International Swaps and Derivatives Association (ISDA) is now developing smart derivatives contracts. While significant progress has been made there are still considerable hurdles to be overcome before we will see smart derivatives contracts in practice. Commodities 
• Commodities: Common Issues in Oil Trading Contracts – Time for Delivery and Laycan
  05/06/2019
  Read more about Commodities: Common Issues in Oil Trading Contracts – Time for Delivery and Laycan
  In the second briefing in our series, we look at three issues in relation to time for delivery and laycan, provide some case examples and give three key takeaways. Commodities 
• Is negative interest payable under the Credit Support Annex to an ISDA Master Agreement?
  22/05/2019
  Read more about Is negative interest payable under the Credit Support Annex to an ISDA Master Agreement?
  In the State of the Netherlands v Deutsche Bank AG¹, the Court of Appeal has confirmed that on its true construction, the Credit Support Annex (CSA) to an ISDA Master Agreement does not provide for the payment of negative interest. Commodities  Dispute Resolution 
• Are we seeing the end of the ‘Arkin Cap’ limiting a funder’s liability for adverse costs?
  09/05/2019
  Read more about Are we seeing the end of the ‘Arkin Cap’ limiting a funder’s liability for adverse costs?
  In a judgment¹ that will be welcomed by many, the English Chancery Court has departed from what has, since 2005, been the established, but often criticised principle that commercial litigation funders should have their adverse costs exposure limited to the amount of their financial contribution, known as the “Arkin Cap”². Dispute Resolution 
• Navigating a Shareholders Agreement: Drag Along and Tag Along Rights
  26/04/2019
  Read more about Navigating a Shareholders Agreement: Drag Along and Tag Along Rights
  In the third of our HFW Insights: Navigating a shareholders agreement series, in which we distil common corporate and transactional issues into bite-sized insight, we explore drag along and tag along rights as contractual mechanisms of investment realisation. Corporate 
• Can liquidated damages be recovered after termination?
  17/04/2019
  Read more about Can liquidated damages be recovered after termination?
  On 5 March 2019, the English Court of Appeal in Triple Point Technology Technology Inc v PTT Public Co Ltd [2019] EWCA Civ 230 held that an employer could not rely on a clause imposing liquidated damages (LDs) for delay in circumstances when the contract was terminated. Construction  Asia Pacific  Hong Kong  London  Singapore 
• Privacy concerns to be considered when collecting biometric data
  04/04/2019
  Read more about Privacy concerns to be considered when collecting biometric data
  The Fair Work Commission Full Bench has allowed an employee to appeal his dismissal for repeatedly refusing to use his employer’s biometric fingerprint scanner, which monitored site attendance and tracked shifts. Employment 
• Default interest rates in commodities contracts – and the end of LIBOR
  20/03/2019
  Read more about Default interest rates in commodities contracts – and the end of LIBOR
  Commodities contracts frequently contain default or late payment clauses, using a “LIBOR plus” measure for the rate of interest. Whilst default interest is commercially justifiable – defaulters represent a greater credit risk – when might this justification run thin and leave default interest provisions open to criticism as penalties? Furthermore, what rates might be used in commodities contracts when LIBOR disappears at the end of 2021? Commodities 
• Security of payment legislation in Australia
  20/03/2019
  Read more about Security of payment legislation in Australia
  Should Victoria adopt amendments introduced to the Security of Payment legislation in Queensland and NSW, which allow claimants to issue payment claims after termination of the contract? Construction 
• Brexit - impact of a 'no deal' on english disputes with EU counter parties
  19/03/2019
  Read more about Brexit - impact of a 'no deal' on english disputes with EU counter parties
  In preparation for what many now see as being the most likely outcome, the UK Government (Government) has published its guidance on how disputes will be dealt with in the event of the UK exiting the EU without it first having agreed a framework with the EU for ongoing civil judicial cooperation. Dispute Resolution 
• A rare force majeure success, but still a narrow one
  14/03/2019
  Read more about A rare force majeure success, but still a narrow one
  Sucden Middle-East v Yagci Denizcilik Ve Ticaret Limited Sirketi, “The Mv Muammer Yagci”¹ Commodities  Dispute Resolution 
• Navigating a shareholders agreement: The key to surviving a deadlock
  28/02/2019
  Read more about Navigating a shareholders agreement: The key to surviving a deadlock
  In the second of our HFW Insights: Navigating a shareholders agreement series, in which we distil common corporate and transactional issues into bite-sized insight, we examine the options available to overcome deadlocks – a stressful period that is disruptive to the business and, invariably, detrimental to shareholder value. Corporate 
• And the award goes to… Collaboration!
  22/02/2019
  Read more about And the award goes to… Collaboration!
  With Kevin Hart stepping down, an assortment of Hollywood A-listers worked together to host this year’s Oscars®. In the world of international trade and commerce, despite confrontation dominating the headlines, 2018-19 has in fact been a time of great collaboration, with prominent companies in many industries working together to tackle common challenges and exploit common opportunities. This briefing identifies some emerging trends, explaining why and how more and more companies are collaborating.
• “Plainly wrong”: NSW Court of Appeal rejects Façade and reopens door to SOP Act Claims for insolvent contractors
  21/02/2019
  Read more about “Plainly wrong”: NSW Court of Appeal rejects Façade and reopens door to SOP Act Claims for insolvent contractors
  The NSW Court of Appeal has reopened the door for insolvent builders and subcontractors to make and enforce claims under the Building and Construction Industry Security of Payment Act 1999 (NSW), bringing with it the prospect of a spate of fresh security of payment disputes along the eastern seaboard of Australia. Construction 
• Amendments to the International Arbitration Act 1974
  18/02/2019
  Read more about Amendments to the International Arbitration Act 1974
  On 26 October 2018, small but important amendments to the International Arbitration Act 1974 (Cth) came into force. Nick Longley, Partner and Chris Cho, Associate examine the changes.
• Danno al carico durante il viaggio: chi è il responsabile?
  15/02/2019
  Read more about Danno al carico durante il viaggio: chi è il responsabile?
  Richard Mabane spiega ed analizza questa sentenza della Suprema Corte inglese dello scorso dicembre che è sicuramente di interesse per vettori e proprietari del carico. Shipping  Commodities 
• Workplace relations: Key developments in Australian workplace relations law in 2018 and areas to watch in 2019
  14/02/2019
  Read more about Workplace relations: Key developments in Australian workplace relations law in 2018 and areas to watch in 2019
  We look back on some of the key changes, spanning developments relating to vulnerable workers, family and domestic violence leave, enterprise agreement approval, protections for whistleblowers, casual employment, flexible working arrangements requests and proposed reforms ahead of the next federal election. Employment 
• Watson Oldco – A timely reminder of the consequences of building professionals' uninsured exposure to cladding claims
  08/02/2019
  Read more about Watson Oldco – A timely reminder of the consequences of building professionals' uninsured exposure to cladding claims
  In December 2018, NSW building certifier Watson Oldco entered into voluntary administration. The AFR reports that administrators have attributed the move largely to the result of uninsured exposure to potential claims arising from buildings with combustible cladding. Although there were no known claims against Watson Oldco, it was reported that there was uninsured exposure which led to the decision to place the company into voluntary administration. Construction  Insurance & Reinsurance 
• Commodities: Common issues in oil trading contracts – Potential pitfalls in contract formation
  07/02/2019
  Read more about Commodities: Common issues in oil trading contracts – Potential pitfalls in contract formation
  This is the first in our new series, Commodities: Common issues in oil trading contracts, in which we tackle some of the issues which regularly crop up for oil trading clients. Commodity contracts are often made during quick email exchanges between traders, sometimes resulting in unintended consequences. This article will highlight some potential pitfalls using the example of a case in which HFW acted for the successful claimant. Commodities  Geneva 
• Nitrogen emissions limits in the Baltic Sea – A sign of things to come?
  07/02/2019
  Read more about Nitrogen emissions limits in the Baltic Sea – A sign of things to come?
  In a further article in their series on regulatory and commercial issues affecting the maritime industry in the Baltic Sea¹, Alex Kemp, Gudmund Bernitz and Joseph Malpas discuss upcoming Nitrogen Oxide (NOx) emissions limits under MARPOL Annex VI. Shipping  London 
• The Commercial Agents (Council Directive) Regulations 1993
  31/01/2019
  Read more about The Commercial Agents (Council Directive) Regulations 1993
  What is a "commodity exchange" and a "commodity market"?
• A well intentioned debate
  28/01/2019
  Read more about A well intentioned debate
  Former Supreme Court Justices Lord Hoffman and Lord Sumption have been debating the extent to which judges should look behind parties' choice of words to determine their intended meaning. We consider the background to this debate and its likely impact on the newly formed Supreme Court. Dispute Resolution 
• Defying Convention
  24/01/2019
  Read more about Defying Convention
  Giles Kavanagh and Ashleigh Ovland examine whether we have reached the high water mark in relation to the protections offered to airlines by the Montreal Convention, and consider what this means for airlines when choosing which claims to contest. Aerospace 
• Autonomous Underwater Vehicles: Beneath the Waves January 2019
  24/01/2019
  Read more about Autonomous Underwater Vehicles: Beneath the Waves January 2019
  When it comes to autonomous marine vehicles, the focus in the press over the last two years or so has been on Maritime Autonomous Surface Ships (MASS). This is likely owing to the proliferation of MASS and the widespread reporting of the regulatory scoping exercise that is being carried out by the International Maritime Organization (IMO) on how MASS will be regulated.
• Medical Care for seamen: Courts continue to scrutinize the shipowner’s duties
  11/01/2019
  Read more about Medical Care for seamen: Courts continue to scrutinize the shipowner’s duties
  Courts continue to scrutinize the shipowner's duty to provide prompt and reasonable medical care to ill or injured seamen, as well as the proper rate of maintenance to be paid while recuperating. Shipping  USA & Canada 
• Navigating a shareholders agreement: ROFR or ROFO?
  11/01/2019
  Read more about Navigating a shareholders agreement: ROFR or ROFO?
  In the first of our new series, HFW Insights: Navigating a shareholders agreement, in which we distil common corporate and transactional issues into bite-sized insight, we answer a commonly asked question: What is the difference between a right of first refusal (ROFR) and a right of first offer (ROFO)? Corporate  Singapore  Middle East 
• In Review: Innovations in the Abu Dhabi and ADGM Courts in 2H 2018
  07/01/2019
  Read more about In Review: Innovations in the Abu Dhabi and ADGM Courts in 2H 2018
  As we welcome 2019, HFW considers several key developments within the court system of the UAE’s capital, Abu Dhabi in 2H 2018, with several announcements in court innovation being unveiled in both the local courts and ADGM Courts.
• Article 257 of the UAE Penal Code Repealed: A Welcome Change in the UAE’s Arbitration Landscape
  20/12/2018
  Read more about Article 257 of the UAE Penal Code Repealed: A Welcome Change in the UAE’s Arbitration Landscape
  In April 2017, we wrote about the unintended consequences of an amendment to Article 257 of the UAE’s Penal Code (Law No. 3 of 1987) that caused serious concern amongst arbitration professionals working in the UAE. Construction  Middle East 
• HFW Middle East Enforcement Series: Observations on the First Two Years of the Joint Judicial Committee
  20/12/2018
  Read more about HFW Middle East Enforcement Series: Observations on the First Two Years of the Joint Judicial Committee
  For many UAE legal practitioners, the overnight creation of the Joint Judicial Committee (“JJC") in June 2016 was anticipated to be a major impediment to litigants seeking onshore recognition and enforcement of foreign judgments in Dubai via the then still relatively new conduit jurisdiction offered by the DIFC Courts. Dispute Resolution  Dubai  Abu Dhabi  Middle East 
• Supreme Court of the United States Grants Certiorari to Finally Resolve Split in the Circuits over the Availability of Punitive Damages in Seamen’s Personal Injury Suits
  20/12/2018
  Read more about Supreme Court of the United States Grants Certiorari to Finally Resolve Split in the Circuits over the Availability of Punitive Damages in Seamen’s Personal Injury Suits
  In the aftermath of the Supreme Court’s landmark decision in Miles v. Apex Marine Corp.,¹ federal and state courts have grappled with whether a seaman has the right to recover punitive damages under a claim of unseaworthiness. On December 7, 2018, the Supreme Court of the United States granted the petition for a writ of certiorari filed by The Dutra Group in The Dutra Group v. Batterton, which should resolve the issue. Shipping  USA & Canada 
• Autonomous Ships: Shipping 4.0
  19/12/2018
  Read more about Autonomous Ships: Shipping 4.0
  The digital shipping revolution is well underway. Significant developments have taken place with Maritime Autonomous Surface Ships (MASS) over the last few months, and the global autonomous shipping industry is predicted to grow into a $136 billion industry by 2030. In this latest briefing, we provide an update on the work we have been doing at HFW; the latest news from the International Maritime Organization (IMO) on its regulatory scoping exercise; and recent developments worldwide. Shipping 
• Decennial Liability Insurance
  19/12/2018
  Read more about Decennial Liability Insurance
  As has been reported recently, the Insurance Authority (IA) in the UAE is considering introducing mandatory requirements for decennial liability insurance cover. Insurance & Reinsurance  Dubai  Middle East 
• Third Party Funding for Arbitration in Hong Kong – 1 February 2019 in force
  14/12/2018
  Read more about Third Party Funding for Arbitration in Hong Kong – 1 February 2019 in force
  Third Party Funding for Arbitration in 2019 looks set to be the year of third party funding for arbitration in Hong Kong. Commodities  Hong Kong 
• European Commission Consults on the Future of the Block Exemption Regulation for Liner Shipping Consortia
  13/12/2018
  Read more about European Commission Consults on the Future of the Block Exemption Regulation for Liner Shipping Consortia
  The Block Exemption Regulation for Liner Shipping Consortia (Regulation)¹ exempts certain co-operation agreements in the liner shipping sector from the prohibition on anti-competitive agreements contained at Article 101 of the Treaty on the Functioning of the European Union (TFEU), provided that certain conditions set out in the Regulation are applicable. The Regulation is set to expire on 25 April 2020. London  Brussels  Shipping 
• Adjusting accordingly how bunker adjustment factor clauses may mitigate the impacts of IMO 2020
  13/12/2018
  Read more about Adjusting accordingly how bunker adjustment factor clauses may mitigate the impacts of IMO 2020
  Following the IMO’s decision to implement amendments to MARPOL ANNEX VI (“IMO 2020”), the cost of compliant fuels is likely to rise. How will the cost and risk of price volatility be borne in the global logistics chain? We explore a legal device commonly found in voyage charters and contracts of affreightment attempting to address price volatility: BAF clauses. Singapore 
• Cargo damage during a voyage: Who is responsible?
  07/12/2018
  Read more about Cargo damage during a voyage: Who is responsible?
  Volcafe Ltd and others v Compania Sud Americana De Vapores SA [2018] UKSC 61¹. Commodities  London 
• The Geo-blocking Regulation: Is your business compliant?
  04/12/2018
  Read more about The Geo-blocking Regulation: Is your business compliant?
  From 3 December 2018, businesses operating in the EEA need to comply with the new Geo-Blocking Regulation¹. In general, the Regulation prohibits businesses from unfairly discriminating against consumers or other businesses on the grounds of nationality, place of residence or place of establishment. In particular, the Regulation seeks to prevent the denial or limitation of access to goods and services sold online on these grounds. EU, Competition and Trade Regulatory 
• The Companies, Limited Liability Partnerships and Partnerships (Amendment etc.) (EU Exit) Regulations 2018
  03/12/2018
  Read more about The Companies, Limited Liability Partnerships and Partnerships (Amendment etc.) (EU Exit) Regulations 2018
  As a result of the United Kingdom’s decision to leave the European Union, important changes are required to the existing company law framework. In this briefing we examine the proposed changes to the UK’s existing company law framework to make it fit for purpose following the UK’s exit from the European Union. Corporate 
• Risk and reward in using Distributed Ledger Technology: Legal issues for commodity companies
  21/11/2018
  Read more about Risk and reward in using Distributed Ledger Technology: Legal issues for commodity companies
  The commercial possibilities of Distributed Ledger Technology (DLT) are constantly evolving as participants in all industries consider how its use can address their business needs. In a commodities context, DLT has huge potential. Commodities 
• Co-leasing practices in the PRC
  19/11/2018
  Read more about Co-leasing practices in the PRC
  The practice of "co-leasing" has been a feature of some cross-border aircraft operating leases to PRC airlines for a number of years. Aerospace  Asia Pacific 
• LNG as a marine fuel: New technology, standards and challenges for Singapore’s maritime industry
  13/11/2018
  Read more about LNG as a marine fuel: New technology, standards and challenges for Singapore’s maritime industry
  With the IMO 2020 sulphur cap approaching, and the industry requirement to reduce emissions, the use of LNG as a marine fuel is slowly gaining traction. Energy  Asia Pacific  Singapore 
• Payer can adjudicate true value in response to a smash and grab adjudication
  07/11/2018
  Read more about Payer can adjudicate true value in response to a smash and grab adjudication
  The Court of Appeal's highly anticipated decision in the case of S&T (UK) Ltd v Grove Developments Ltd¹ was handed down by Sir Rupert Jackson today. Construction  Dispute Resolution 
• Singapore and China's Memorandum of Guidance: Greater clarity over reciprocal enforcement of Court Judgments
  02/11/2018
  Read more about Singapore and China's Memorandum of Guidance: Greater clarity over reciprocal enforcement of Court Judgments
  The Supreme Court of Singapore and the Supreme People’s Court of the People’s Republic of China signed a Memorandum of Guidance (MOG) in September 2018. Dispute Resolution  Asia Pacific  Shipping 
• Brexit and personal data – how to keep business flowing
  01/11/2018
  Read more about Brexit and personal data – how to keep business flowing
  Unless a deal is struck it is likely that after Brexit extra measures (such as ‘Standard Contractual Clauses’) will need to be put in place to legitimise transfers of personal data from organisations and individuals in the European Economic Area (EEA) to organisations in the United Kingdom (UK). EU, Competition and Trade Regulatory  Data Protection 
• What is a Reasonable Salvage Settlement? The Importance of Australian Law Advice
  01/11/2018
  Read more about What is a Reasonable Salvage Settlement? The Importance of Australian Law Advice
  It is not often that an Australian court considers as many maritime law issues as examined in the recent Federal Court judgment, Mount Isa Mines Ltd v The Ship “THOR COMMANDER” [2018] FCA 1326. The judgment is particularly noteworthy because it is the second of only two Australian authorities which consider common law salvage¹. In this article we examine the Federal Court’s approach to proving reasonableness of the salvage settlement. Shipping  Australia  Asia Pacific  Dispute Resolution 
• Aerospace: Brexit Update
  01/11/2018
  Read more about Aerospace: Brexit Update
  In previous briefings¹ we have highlighted the central issues for the aviation and aerospace industries which will need resolution in the run up to the UK's departure from the EU. Aerospace  EU, Competition and Trade Regulatory 
• The HKIAC in action to issue updated Administered Rules 2018
  31/10/2018
  Read more about The HKIAC in action to issue updated Administered Rules 2018
  With flawless timing to catch HK Arbitration Week 2018, the updated Administered Arbitration Rules (2018 Rules) will enter into force on 1 November 2018. The 2018 Rules continue the HKIAC's 'light touch' policy, now with amendments to reflect developments in arbitration practice in Hong Kong and globally. Dispute Resolution 
• Dalamd Limited v Butterworth Spengler Commercial Limited: Causation and Some Limited Relief for Brokers
  25/10/2018
  Read more about Dalamd Limited v Butterworth Spengler Commercial Limited: Causation and Some Limited Relief for Brokers
  In Dalamd Limited v Butterworth Spengler Commercial Limited¹, the Commercial Court looked at, among other things, causation issues arising in negligence claims against insurance brokers. Whilst the court found that the defendant had breached its duty to the claimant in several ways, there were serious questions as to whether those breaches had resulted in any loss to the claimant. Insurance & Reinsurance  Dispute Resolution 
• Vietnam ratifies the Montréal Convention 1999
  24/10/2018
  Read more about Vietnam ratifies the Montréal Convention 1999
  Ratification of the Convention for the Unification of Certain Rules for International Carriage by Air, Montréal, 28 May 1999 (MC99) should lead to greater consistency and clarity in the claims handling process (particularly in relation to calculating compensation which, under MC99, uses the SDR as opposed to the Poincaré Franc) and will support the industries' e-freight initiatives. It also marks another significant milestone in the success story of Vietnamese aviation. Aerospace  Asia Pacific 
• Iran sanctions: The English Court steers a course
  16/10/2018
  Read more about Iran sanctions: The English Court steers a course
  In our previous briefing¹, we looked at the challenges of complying with EU and US sanctions from 5 November 2018, when further US sanctions are re-imposed, and the need to steer a course between the divergent courses which are being taken by the EU and the US. Middle East  Dubai  USA & Canada  London 
• Directors beware – continuing representations mean continuing responsibility: Inter Export LLC v Jonathan Townley and Yaroslavna Lasytsya [2018]
  11/10/2018
  Read more about Directors beware – continuing representations mean continuing responsibility: Inter Export LLC v Jonathan Townley and Yaroslavna Lasytsya [2018]
  A recent decision of the Court of Appeal provides useful guidance for directors in the context of representations made to third parties. Inter Export LLC v Jonathan Townley and Yaroslavna Lasytsya emphasises directors' continuing responsibilities when making such representations. Dispute Resolution 
• Brexit – Impact of a 'no deal' scenario on EU cross-border insolvencies
  04/10/2018
  Read more about Brexit – Impact of a 'no deal' scenario on EU cross-border insolvencies
  On 13 September 2018, the UK Government published a guidance notice (Guidance) on handling civil disputes, including cross-border insolvencies, in the event that the UK exits the EU without having first agreed a framework for ongoing civil judicial cooperation, and from which time and date (11 pm on 29 March 2019) the UK will not benefit from the EU rules to replace the current arrangements. Fraud and Insolvency  EU, Competition and Trade Regulatory  Commodities 
• Indonesia's OJK issues new rule on public company takeover
  03/10/2018
  Read more about Indonesia's OJK issues new rule on public company takeover
  On 25 July 2018, the Indonesian Financial Services Authority (OJK) issued OJK Rule No. 9/POJK.04/2018 on Public Company Takeovers (OJK Rule 9/2018), which revokes the Head of Capital Market Supervisory Board and Financial Institution (Bapepam-LK) Rule No. IX.H.1 on this subject (Rule IX.H.1). Corporate  Singapore  Jakarta  Asia Pacific 
• Added security comes at a price: The impact of Singapore's Cybersecurity Act
  03/10/2018
  Read more about Added security comes at a price: The impact of Singapore's Cybersecurity Act
  A series of cyber attacks was mounted on several government websites in Singapore in 2013, in which the websites of the Prime Minister, government schools and the People's Action Party's Community Foundation were defaced. Energy  Singapore  Asia Pacific 
• IMO 2020: Legal considerations for unprecedented changes
  28/09/2018
  Read more about IMO 2020: Legal considerations for unprecedented changes
  The recent spate of vessel bunker contamination cases in the US Gulf and Singapore has brought into sharp focus the unprecedented standards to be affected by MARPOL Annex VI (commonly referred to as "IMO 2020"): the implementation of a global cap of 0.5% sulphur content in marine fuel from 2020. This limit will apply outside designated emission control areas. Shipping  Singapore 
• How can victims of cyber fraud fight back?
  28/09/2018
  Read more about How can victims of cyber fraud fight back?
  Judgment given in ground-breaking litigation involving the first worldwide freezing order against 'persons unknown' Fraud and Insolvency 
• Taking cover – mandatory decennial liability insurance in the UAE
  26/09/2018
  Read more about Taking cover – mandatory decennial liability insurance in the UAE
  According to recent news reports, the United Arab Emirates (UAE) Insurance Authority (the IA) is planning to introduce legislation to require contractors, engineers and architects to obtain compulsory decennial liability insurance. Construction  Insurance & Reinsurance 
• 2018 Yachts Market Briefing
  25/09/2018
  Read more about 2018 Yachts Market Briefing
  With the 2018 Mediterranean yacht season fast closing and attention turning to the yacht shows and winter cruising grounds, we publish our latest market briefing covering a range of topical subjects from the transport of yachts, developments in Panama and US flagging, the threat of super storms, clarification of French social security law, our regular casualty focus and the implications of recent high profile casualties for the insurance market. Shipping 
• Good Faith in the UAE: an Insurance Focus
  19/09/2018
  Read more about Good Faith in the UAE: an Insurance Focus
  Insurance professionals will be familiar with the concept of good faith. There are, however, differences between common law and civil law systems as to the nature of the duty and the time of application. This article highlights the key points to bear in mind in relation to good faith in the UAE and how this can impact on claims. Insurance & Reinsurance  Middle East 
• All Change – Are you compliant with the EU General Data Protection Regulation? Special Update, September 2018
  18/09/2018
  Read more about All Change – Are you compliant with the EU General Data Protection Regulation? Special Update, September 2018
  Organisations (including many outside the EEA) have now had more than three months to get used to the EU General Data Protection Regulation (GDPR), which overhauled a data protection regime dating from 1995. EU, Competition and Trade Regulatory  Data Protection 
• The Montréal Convention 1999 in Nepal: Greater certainty regarding passenger claims or added confusion?
  17/09/2018
  Read more about The Montréal Convention 1999 in Nepal: Greater certainty regarding passenger claims or added confusion?
  On 23 August 2018, the Federal Parliament of Nepal passed a proposal to accede to the Convention for the Unification of Certain Rules for International Carriage by Air 1999 (MC99). Aerospace  Asia Pacific 
• A New Frontier for AML Regulation: The Fifth Anti-Money Laundering Directive and Cryptocurrencies
  17/09/2018
  Read more about A New Frontier for AML Regulation: The Fifth Anti-Money Laundering Directive and Cryptocurrencies
  Cryptocurrencies have been in existence for almost a decade, proliferating in number since the initial launch of BitCoin to approximately 2,000. Whereas the main distinction for the average consumer between fiat currencies is likely to be their value, or exchange rate, the host of cryptocurrencies are not only stores of value and units of exchange but also pieces of technology that potentially offer their users very different experiences. Commodities  Financial Services Regulation  Fraud and Insolvency  Digital Trade 
• Murky waters: Six key maritime issues to understand before doing business in Indonesia
  14/09/2018
  Read more about Murky waters: Six key maritime issues to understand before doing business in Indonesia
  Indonesia is one of the fastest-growing shipping zones, exporting 32% of the world's coal cargoes¹. Shipping  Jakarta  Asia Pacific 
• Corporate governance update September 2018
  12/09/2018
  Read more about Corporate governance update September 2018
  In early 2017 we reported that following various scandals affecting business in the UK, the Government had made it clear that it intended to crack down on unacceptable boardroom behaviour. Energy  London 
• In-House Counsel and Legal Privilege in the Dubai International Financial Centre
  10/09/2018
  Read more about In-House Counsel and Legal Privilege in the Dubai International Financial Centre
  Issues surrounding the breadth of legal professional privilege under English law are once again in the spotlight following last week's decision of the Court of Appeal in ENRC v SFO. HFW's briefing on that decision can be found here. But developments in the English law of privilege have broader repercussions outside of the UK. In this briefing, HFW Dubai explores how English legal professional privilege may apply in the Courts of the Dubai International Financial Centre. We also provide practical considerations for members of in-house counsel teams of UAE corporations based outside of the DIFC who may be used to litigating in the local UAE courts, where concepts of disclosure and privilege are significantly less familiar. Corporate  Dispute Resolution  Dubai  Abu Dhabi  Middle East 
• ENRC v SFO Court of Appeal Judgment
  05/09/2018
  Read more about ENRC v SFO Court of Appeal Judgment
  In a decision handed down today and which will be welcomed by the legal community and clients alike, the English Court of Appeal has allowed Eurasian Natural Resources Corporation's (ENRC) appeal against a highly controversial earlier Commercial Court decision that had threatened to significantly narrow the scope of legal professional privilege (LPP). Dispute Resolution 
• Sanctions contre l'Iran : la riposte européenne
  31/08/2018
  Read more about Sanctions contre l'Iran : la riposte européenne
  L'annonce par le Président Trump, le 8 mai 2018, du retrait des Etats-Unis du JCPOA¹ a placé les Etats-Unis et l'Union européenne sur des chemins divergents à l'égard de l'Iran. Au moment où les Etats-Unis annonçaient que les sanctions qui avaient été suspendues en janvier 2016 seraient remises en place, l'Union européenne déclarait qu'elle entendait s'en tenir aux termes de l'accord sur l'Iran, y compris la levée des sanctions. International Trade Regulation 
• Iran Sanctions: Steering a course through difficult waters
  30/08/2018
  Read more about Iran Sanctions: Steering a course through difficult waters
  President Trump's announcement on 8 May 2018 that the US would withdraw from the Joint Comprehensive Plan of Action (JCPOA)¹ set the EU and US on divergent paths with respect to Iran. At the same time as the US indicated that the US sanctions which had been suspended in January 2016 would be re-imposed, the EU made clear that it intended to uphold the terms of the Iran deal, including the sanctions relief. International Trade Regulation 
• SGX announces amendments for mineral, oil and gas listing rules
  24/08/2018
  Read more about SGX announces amendments for mineral, oil and gas listing rules
  In response to a consultation paper published on 31 January 2018 (Consultation Paper), the Singapore Exchange Limited (SGX) has amended its listing requirements for the mineral, oil and gas (MOG) sector. These rules are due to take effect on 23 August 2018. Energy  Singapore  Asia Pacific 
• Clarification on Admitted Reinsurer Tax Status in Brazil
  17/08/2018
  Read more about Clarification on Admitted Reinsurer Tax Status in Brazil
  A recent decision issued by the Brazilian Tax Authority (RFB) has brought some clarity to the tax regime which is applicable to admitted reinsurers operating in Brazil. The decision distinguishes, for the taxation purposes, between those admitted reinsurers who act with "ample powers" (i.e. similar to local reinsurers) and those who act in a limited manner, exercising a service or ancillary activity (i.e. similar to occasional reinsurers). Insurance & Reinsurance  Brazil  Latin America 
• Bunker contamination in Singapore – The flow of contaminated bunkers heads east
  16/08/2018
  Read more about Bunker contamination in Singapore – The flow of contaminated bunkers heads east
  Following our recent Briefing on bunker contamination in the US Gulf new reports of contaminated bunkers in Singapore have given rise to further concerns, highlighting the potential inadequacy of the conventional testing regime and the need for industry focus on quality controls in the supply chain. It is currently unclear whether the contaminated stems reported in Singapore are linked to those in the US Gulf region. Shipping  USA & Canada  Singapore 
• The Evolution of Insurance Related Dispute Resolution in the UAE
  16/08/2018
  Read more about The Evolution of Insurance Related Dispute Resolution in the UAE
  A recent decision of the Abu Dhabi Court of First Instance has shed new light on the interpretation of recent legislation governing insurance related disputes in the UAE. Insurance & Reinsurance  Dubai  Middle East 
• English court clarifies responsibility for concurrent delays
  14/08/2018
  Read more about English court clarifies responsibility for concurrent delays
  On 30 July 2018, the Court of Appeal issued its decision in North Midland v Cyden [2018] EWCA Civ 1774. The court upheld the decision of the High Court permitting an employer to rely on a clause allocating responsibility for concurrent delay to the contractor. Construction  London  Hong Kong  Singapore 
• Hong Kong Insurance and Reinsurance
  14/08/2018
  Read more about Hong Kong Insurance and Reinsurance
  In this briefing, Rosie Ng provides an update on developments in the insurance sector in Hong Kong. Insurance & Reinsurance  Hong Kong  Asia Pacific 
• Say 'NON' to Strict Liability
  10/08/2018
  Read more about Say 'NON' to Strict Liability
  Following the dismissal of the appeal¹ against the High Court's decision in Committeri v Club Mediterranee SA² and Generali IARD SA (July 2016 briefing), we reinforce our advice to any companies providing package holidays to France to ensure that the contracts between them and the buyers of the holidays are governed by English law. They will then avoid the strict liability provisions of the Code de Tourisme for an injury sustained during the holiday. Shipping  London  Paris  Houston 
• US offshore wind energy at dawn: The interaction between offshore wind projects and The Jones Act
  08/08/2018
  Read more about US offshore wind energy at dawn: The interaction between offshore wind projects and The Jones Act
  The United States is home to one of the largest and fastest growing wind markets in the world, according to US Department of Energy reports. A drive across west Texas, Oklahoma or the plains of Kansas will reveal large scale wind farms. USA & Canada  Shipping 
• Changing of the Guard: The Supreme Court and judicial interpretation of the law
  08/08/2018
  Read more about Changing of the Guard: The Supreme Court and judicial interpretation of the law
  With the recent and imminent departure of many of the Supreme Courts bench of the United Kingdom, questions abound as to the future of Supreme Court justices and their role in shaping the law. 
• The Belt and Road Initiative: Dispute Resolution along The Belt And Road
  08/08/2018
  Read more about The Belt and Road Initiative: Dispute Resolution along The Belt And Road
  The Belt and Road Initiative (BRI) is made up of a Silk Road Economic Belt and a 21st Century Maritime Road. It is estimated that US$5trillion of capital will be required for the infrastructure projects which currently form part of the BRI. The BRI involves countries making up 65% of the world’s population and 65 countries. Dispute Resolution  Hong Kong 
• Clearlake Shipping v Privocean Shipping: Master's negligence – no recourse for charterers
  02/08/2018
  Read more about Clearlake Shipping v Privocean Shipping: Master's negligence – no recourse for charterers
  In Clearlake Shipping Pte Ltd v Privocean Shipping Ltd, the English High Court found that charterers had no recourse against owners for the master's negligent decision to require additional cargo strapping in one of the ship's cargo holds – a decision that cost the charterers in excess of US$ 400,000. Shipping  Singapore 
• Brexit Update: Deal or No Deal?
  30/07/2018
  Read more about Brexit Update: Deal or No Deal?
  Recent developments – or lack thereof – in Brexit negotiations, have made a ‘no-deal’ Brexit a significant possibility. All companies likely to be affected by Brexit should now be putting in place contingency plans to safeguard their business in the event that no agreement is reached. EU, Competition and Trade Regulatory 
• US/EU Covered Agreement: Can the UK benefit from Brexit?
  27/07/2018
  Read more about US/EU Covered Agreement: Can the UK benefit from Brexit?
  The Bilateral Agreement between the United States of America and the European Union on Prudential Measures Regarding Insurance and Reinsurance, or the covered agreement as it is more commonly known (Covered Agreement), was signed on 22 September 2017 and was approved by the Council of the EU on 6 April 2018. Insurance & Reinsurance 
• Hong Kong prepares for a drone invasion
  25/07/2018
  Read more about Hong Kong prepares for a drone invasion
  In April this year, Hong Kong’s Civil Aviation Department (the CAD) launched a public consultation into proposals to further develop regulations for the use of Unmanned Aerial Systems (UAS) in and above Hong Kong. We submitted a paper setting out our own views before the consultation closed on 3 July. Given the growing popularity of this new technology in Hong Kong and worldwide, it will be interesting to see what other responses the CAD receives. Aerospace  Hong Kong  Asia Pacific 
• HFW Middle East enforcement series – The draft Hague Judgments Convention
  19/07/2018
  Read more about HFW Middle East enforcement series – The draft Hague Judgments Convention
  A new Convention for the enforcement of foreign judgments is on the horizon. Dispute Resolution  Middle East  Dubai  Logistics 
• Sub-sea cable damage claims – a legal perspective
  18/07/2018
  Read more about Sub-sea cable damage claims – a legal perspective
  In the International Union of Marine Insurance (IUMI) Eye Newsletter March 2018 edition, Mike McLachlan of LOC considered the technical and practical implications of sub-sea cable damage claims. In this briefing, Nicholas Kazaz of HFW, considers the legal implications of such claims. Dispute Resolution  London  Energy  Shipping 
• A practical guide to hedging – should you hedge or already be hedged when your counterparty defaults?
  17/07/2018
  Read more about A practical guide to hedging – should you hedge or already be hedged when your counterparty defaults?
  Hedging is an issue that is central to the business of many commodity traders. It is also a topic that is the subject of increasing focus in the legal industry, both in its deployment in argument in disputes and in commentaries on the available case law. Commodities  London 
• Claims under Section 423 of the Insolvency Act 1986 – Court of Appeal rules on service out of the jurisdiction
  17/07/2018
  Read more about Claims under Section 423 of the Insolvency Act 1986 – Court of Appeal rules on service out of the jurisdiction
  In the recent decision of Orexim Trading Limited v Mahavir Port and Terminal Private Limited¹, the Court of Appeal has ruled that the Court does have power to permit service of a claim under section 423 of the Insolvency Act 1986 outside England and Wales. However, in the circumstances of this case, the Court of Appeal declined to exercise its discretion to grant permission to serve the claim form outside the jurisdiction. HFW acted for the successful First Respondent, Mahavir Port and Terminal Private Limited (MPT). Ports & Terminals  Dispute Resolution  Commodities 
• Autonomous Ships: Successfully navigating through the shallows?
  16/07/2018
  Read more about Autonomous Ships: Successfully navigating through the shallows?
  In this, the latest in our series on Maritime Autonomous Surface Ship (MASS), we provide an update on news from the International Maritime Organization (IMO) on its regulatory scoping exercise; take a look at some of the insurance issues arising as the use of MASS becomes more widely recognised; and consider the recent developments worldwide, including how the technology used in MASS is being trialled to assist the situational awareness in conventional vessels. Shipping  London  Paris 
• The extension of the Senior Managers and Certification Regime – Impact on energy and oil market participants
  13/07/2018
  Read more about The extension of the Senior Managers and Certification Regime – Impact on energy and oil market participants
  The Financial Conduct Authority (FCA) published its Policy Statement (PS18/14) and near final rules on the extension of the Senior Managers and Certification Regime (SM&CR), which is replacing the current "approved persons regime", to all FSMA‑authorised firms in July. Since March 2016, the SM&CR has applied to firms authorised by the Prudential Regulation Authority (the PRA). In July 2017, the FCA proposed that the SM&CR be rolled out to solo‑regulated firms across financial services, including FCA‑regulated energy market participants (EMPs) and oil market participants (OMPs). Commodities  London 
• Brave New World: International Cryptocurrency Regulation
  10/07/2018
  Read more about Brave New World: International Cryptocurrency Regulation
  Cryptocurrencies and blockchain technology have hit the headlines in recent months. Governments and policymakers from key jurisdictions are drafting and publishing guidance to govern the issuance and regulation of Initial Coin Offerings (ICOs) and cryptocurrencies. These have included Switzerland, with Zug now expected to become a key hub for cryptocurrency issuance and being commonly referred to as "Crypto Valley" within the industry. Commodities  London 
• OFAC Sanctions on Russia and Iran
  10/07/2018
  Read more about OFAC Sanctions on Russia and Iran
  Global aluminium trader United Company RUSAL PLC ("Rusal") and several other Russian tycoons, companies and allies of President Vladimir Putin¹ were the target of blocking sanctions by OFAC on 6 April 2018 ("April 2018 Sanctions"), following Treasury's reports to Congress in January 2018 in the US government's efforts to counter its adversaries through sanctions². Commodities 
• It’s a risky business, offshore drilling, but who bears the risk under a rig contract when force majeure strikes?
  06/07/2018
  Read more about It’s a risky business, offshore drilling, but who bears the risk under a rig contract when force majeure strikes?
  Judgment in Seadrill Ghana Operations Ltd -v- Tullow Ghana Ltd was handed down by Mr Justice Teare in the Commercial Court on 2 July in a case in which HFW (Simon Blows and Vanessa Tattersall) acted. Dispute Resolution  Energy  Oil and Gas 
• 鹰与龙：美中最新关税政策的背景、涵义及合法性 (2018年4月)
  06/07/2018
  Read more about 鹰与龙：美中最新关税政策的背景、涵义及合法性 (2018年4月)
  近期特朗普推出对钢铁、铝采取的关税措施，主要对中国产品产生影响，有可能会为其在2018年中期选举前提高支持率。但由于中国采取了反关税措施，特朗普进而采取的技术性关税壁垒很可能会在中美间导致一场贸易战。
• Bunker contamination in the US Gulf – Legal and practical implications
  04/07/2018
  Read more about Bunker contamination in the US Gulf – Legal and practical implications
  Following recent reports of marine fuel contamination on an unprecedented scale in the US Gulf Region, we briefly consider some of the issues arising for those affected parties, including shipowners, time charterers and bunker suppliers Shipping  USA & Canada 
• Second Editions of the FIDIC Rainbow Suite
  04/07/2018
  Read more about Second Editions of the FIDIC Rainbow Suite
  On 5th December 2017, the International Federation of Consulting Engineers (FIDIC) launched the Second Editions of the three major forms of contract in the FIDIC Rainbow Suite at the FIDIC International Users’ Conference in London. This bulletin provides a summary of the key changes in the Second Editions. Construction 
• Adapting to changes in the Indonesian regulatory regime
  28/06/2018
  Read more about Adapting to changes in the Indonesian regulatory regime
  At Coaltrans Asia, we talked about recent changes in the Indonesian regulatory regime for coal trading and shipping, the effects these changes might have on your sale contracts, and some practical steps parties can take to protect against changes in the regulatory landscape. Commodities  Asia Pacific  Jakarta 
• Fifth Circuit Sides with Insurer's Denial of 30-Month Late Hail Damage Claim
  20/06/2018
  Read more about Fifth Circuit Sides with Insurer's Denial of 30-Month Late Hail Damage Claim
  The United States Court of Appeals for the Fifth Circuit ruled this month in favor of Certain Underwriters at Lloyd's, London in a property coverage matter related to hail damage claims asserted by a North Texas hotel.  Certain Underwriters at Lloyd's, London, v. Lowen Valley View, LLC, ___ F.3d ___, No. 1710914 (5th Cir. June 6, 2018) (not yet published).
• Emerging threats in a changing world: Beijing Convention on aviation security to enter into force on 1 July 2018
  20/06/2018
  Read more about Emerging threats in a changing world: Beijing Convention on aviation security to enter into force on 1 July 2018
  Following the recent ratification by the Turkish government, the International Civil Aviation Organisation ("ICAO") has announced that the Convention on the Suppression of Unlawful Acts Relating to International Civil Aviation (the "Beijing Convention") will enter into force on 1 July 2018. Aerospace  Singapore 
• A 'truly fundamental' issue of contract law: does a 'no oral modifications' clause work?
  07/06/2018
  Read more about A 'truly fundamental' issue of contract law: does a 'no oral modifications' clause work?
  All but the shortest of professionally written contracts will contain a "no oral modifications" (NOM) clause: usually this says that the contract can only be varied in writing and signed by the authorised representatives of the parties. There has always been considerable doubt, however, about whether or not NOM clauses are actually effective. In the Rock Advertising¹ case, the Supreme Court has emphatically found that they are.
• Can there ever be a bad time to demand the provision of security?
  01/06/2018
  Read more about Can there ever be a bad time to demand the provision of security?
  Grindrod Shipping Pte Ltd (t/a Island View Shipping) v. Hyundai Merchant Marine Co Ltd [2018] EWHC 1284 (Comm) Shipping  Dispute Resolution  London  Hong Kong 
• Not by the letter...Can a seller terminate if a letter of credit is not opened on time?
  01/06/2018
  Read more about Not by the letter...Can a seller terminate if a letter of credit is not opened on time?
  In a recent arbitration decision a tribunal rejected the general principle that the obligation on a buyer under a sale contract to open a letter of credit is a condition entitling the seller to terminate if breached. Commodities  London 
• Getting prepared for the 2018 Yachting Season
  29/05/2018
  Read more about Getting prepared for the 2018 Yachting Season
  With the early season yacht shows over and thoughts turning to summer cruising, now is the time for those in yachting to consider both recent changes and possible challenges ahead. Yachts  London 
• Iran sanctions: Aerospace focus
  29/05/2018
  Read more about Iran sanctions: Aerospace focus
  Stakeholders within the aviation sector will be impacted by the reimposition of US sanctions against Iran. Further to HFW's earlier update on President Trump's decision to withdraw from the Joint Comprehensive Plan of Action (JCPOA) and reinstate the Iran sanctions, this briefing considers the likely impact on the aviation sector. Aerospace  Middle East 
• The Murray Report – Review of Security of Payment Laws – Summary of Findings
  23/05/2018
  Read more about The Murray Report – Review of Security of Payment Laws – Summary of Findings
  On 22 December 2017 John Murray AM delivered his report on the national review of the Security of Payment Laws in force around the country to the Honourable Craig Laundy MP, Minister for Small and Family Business, the Workplace and Deregulation. Construction  Australia 
• Retour sur l'obligation d'information Mai 2018
  23/05/2018
  Read more about Retour sur l'obligation d'information Mai 2018
  En septembre dernier, nous vous présentions la nouvelle obligation faite à l'ensemble des sociétés immatriculées auprès du Registre du Commerce et des Sociétés (à l'exception des sociétés dont les titres sont admis aux négociations sur un marché réglementé) de déposer auprès de ce Registre du Commerce et des Sociétés, une déclaration relative à l'identité de leur(s) bénéficiaire(s) effectif(s). Corporate  Paris 
• UAE Cabinet issued a decision approving a New Visa Regime
  22/05/2018
  Read more about UAE Cabinet issued a decision approving a New Visa Regime
  On 20 May 2018 the UAE Cabinet issued a decision approving a new visa regime in the UAE to attract "international investments and exceptional talent" which would allow investors, professionals and specialists in medical, scientific research and technical fields and innovators to obtain a ten-year residency visa. Middle East  Dubai 
• Respect for international aviation conventions in Brazil gathers force
  18/05/2018
  Read more about Respect for international aviation conventions in Brazil gathers force
  In what appears to be an increasing trend towards respect of the Montreal Convention regime in Brazil, there have been two further interesting decisions in April. This is encouraging although some uncertainty still remains. Aerospace  Brazil  Latin America 
• Sanctions Update: US sanctions on Iran, 8 May 2018
  10/05/2018
  Read more about Sanctions Update: US sanctions on Iran, 8 May 2018
  President Trump announced on 8 May 2018 that the US would pull out of the JCPOA. He issued a National Security Presidential Memorandum that begins the process of re-imposing sanctions on areas including Iran’s energy, petrochemical and financial sectors. International Trade Regulation 
• Alerte sanctions internationales: Sanctions Americaines contre l’Iran
  10/05/2018
  Read more about Alerte sanctions internationales: Sanctions Americaines contre l’Iran
  Le Président Trump a annoncé, le 8 mai 2018, que les Etats-Unis se retiraient du JCPOA, et édicté un National Security Presidential Memorandum qui entame le processus de remise en place de sanctions à l’encontre de différents secteurs économiques iraniens, dont les secteurs financiers, de l’énergie et de la pétrochimie. International Trade Regulation 
• FOSFA arbitration rules simplified
  04/05/2018
  Read more about FOSFA arbitration rules simplified
  The FOSFA Rules of Arbitration and Appeal (the Rules) have been revised to simplify the time limits for bringing claims; to provide for a three person tribunal where a sole arbitrator is not selected; and to introduce a requirement for payment of a deposit. The revised rules will affect contracts incorporating the FOSFA terms entered into on or after 1 April 2018. Commodities 
• Trade in a Cold Climate – How can you protect yourself
  02/05/2018
  Read more about Trade in a Cold Climate – How can you protect yourself
  This year is proving to be an unpredictable and turbulent one for international state relations, with the imposition of tariffs by the US and China and the sanctions imposed by the US against various Russian individuals and companies being prominent recent examples. Commodities  London 
• LNG Bunkering in the Baltic Sea – A question of when, not if?
  02/05/2018
  Read more about LNG Bunkering in the Baltic Sea – A question of when, not if?
  In this further article on issues affecting the maritime industry in the Baltic Sea (our previous articles can be found here and here), we look at market developments regarding Liquefied Natural Gas (LNG) as bunker fuel. Shipping  London 
• La Cour de Justice de l'Union européenne facilite la mobilité internationale des sociétés. Conséquences de l'arrêt Polbud (CJUE, 25 Octobre 2017, aff. C-106/16) Avril 2018
  24/04/2018
  Read more about La Cour de Justice de l'Union européenne facilite la mobilité internationale des sociétés. Conséquences de l'arrêt Polbud (CJUE, 25 Octobre 2017, aff. C-106/16) Avril 2018
  La Cour de Justice de l’Union européenne admet désormais qu’une société immatriculée dans un Etat membre transfère son siège statutaire dans un autre Etat membre tout en conservant son siège réel et l’exercice de son activité exclusivement dans son Etat membre d’origine. Corporate  Paris 
• Enforcement wins out again - Sinocore International Co. Ltd & RBRG Trading (UK) Limited, 23 April 2018
  23/04/2018
  Read more about Enforcement wins out again - Sinocore International Co. Ltd & RBRG Trading (UK) Limited, 23 April 2018
  The English Court of Appeal has today handed down a unanimous judgment dismissing an appeal from the earlier Commercial Court decision of Phillips J upholding the enforcement of a New York Convention (CIETAC) Arbitration Award for a significant US dollar sum. Commodities  Asia Pacific 
• US Coast Guard Monetary Thresholds For Reporting Marine Casualties and Serious Marine Incidents Increased Commencing 18 April 2018
  13/04/2018
  Read more about US Coast Guard Monetary Thresholds For Reporting Marine Casualties and Serious Marine Incidents Increased Commencing 18 April 2018
  The United States Coast Guard (“Coast Guard”) published a final rule on March 19, 2018 announcing changes in monetary thresholds for reporting of a Serious Marine Incident (SMI) and a Marine Casualty. As listed on CG-2692B the monetary threshold for an SMI was damage to property in excess of $100,000. The property damage threshold for reporting a Marine Casualty was $25,000. This has now been increased to $200,000 and $75,000 respectively.
• A cautionary tale for Insurers facing potential CTL claims – The RENOS¹, April 2018
  12/04/2018
  Read more about A cautionary tale for Insurers facing potential CTL claims – The RENOS¹, April 2018
  A fire onboard the m.v. “RENOS” resulted in its owner declaring the vessel a constructive total loss, but not before a significant salvage operation and drawn out debates with insurers about the likely costs of repairs. The Court of Appeal held, largely upholding the High Court, that:
• The UAE’s Federal Arbitration Law – Good things come to those who wait? April 2018
  11/04/2018
  Read more about The UAE’s Federal Arbitration Law – Good things come to those who wait? April 2018
  In February 2018, the UAE’s Federal National Council approved a draft UAE Federal Arbitration Law. This is a welcome development for arbitration in the UAE that will further enhance the UAE’s position as a regional arbitration hub. In this briefing, we take a look at the likely effects of the new law on arbitration in the UAE and the next steps for its enactment. Dispute Resolution  Dubai  Middle East 
• Sanctions update: North Korean sanctions regime – 21 companies, 27 vessels and an individual listed by UN for contravention of sanctions, April 2018
  09/04/2018
  Read more about Sanctions update: North Korean sanctions regime – 21 companies, 27 vessels and an individual listed by UN for contravention of sanctions, April 2018
  On 30 March 2018 the United Nations (UN) imposed sanctions against 21 shipping companies and one individual in reaction to breaches of UN sanctions against North Korea. The list of sanctioned companies includes companies based outside of North Korea. The UN also listed 27 vessels which had been engaged in breaching its sanctions against North Korea. The full list of companies, individual and vessels targeted may be found at https://www.un.org/press/en/2018/sc13272.doc.htm. International Trade Regulation  Asia Pacific 
• Il caso “BALTIC STRAIT” – Spunti di riflessione in relazione a reclami per danni al carico
  09/04/2018
  Read more about Il caso “BALTIC STRAIT” – Spunti di riflessione in relazione a reclami per danni al carico
  La recente sentenza nel caso “BALTIC STRAIT”¹ ha deciso su questioni interessanti in relazione ai reclami per danni al carico, nell’appello seguito ad un arbitrato in cui lo studio legale HFW (Richard Mabane e Alessio Sbraga) ha rappresentato con successo gli assicuratori del carico, SIAT Società Italiana Assicurazioni e Riassicurazioni SpA, ed i loro assicurati, i destinatari del carico, Altfadul (di seguito, gli “Interessi legati al Carico”), scrive Richard Mabane Shipping 
• The Eagle and the Dragon: The context, implications and legality of the latest US - China tariffs, April 2018
  09/04/2018
  Read more about The Eagle and the Dragon: The context, implications and legality of the latest US - China tariffs, April 2018
  Trump's recent steel and aluminium tariff measures – which will mainly affect Chinese goods – may deliver a ratings boost before the 2018 midterm elections. However, the counter tariffs imposed by China, and the further tech tariffs threatened by Trump may lead to a trade war. Commodities  International Trade Regulation 
• Incendie volontaire : la faute intentionnelle réduite à portion congrue, Avril 2018
  05/04/2018
  Read more about Incendie volontaire : la faute intentionnelle réduite à portion congrue, Avril 2018
  Un laboratoire d’analyse réputé, spécialisé en matière d’incendie, a rendu une intéressante étude apportant des données statistiques sur les incendies étudiés par son laboratoire. Sur les 4.500 incendies analysés, il en ressortait un taux de 52% d’incendie volontaire avec des différences importantes selon les types d’activité et bâtiments. Les statistiques de ce laboratoire devraient conforter les assureurs dans leur extrême prudence lorsqu’il s’agit d’accepter de garantir certains risques comme les manèges, les parkings souterrains, les discothèques, les bars-tabacs etc…où des taux d’incendie volontaire supérieurs à 80% sont recensés. Insurance & Reinsurance  Paris 
• ADGM Courts and the Abu Dhabi Judicial Department formalise cross-court judgment and arbitral award enforcement regime
  02/04/2018
  Read more about ADGM Courts and the Abu Dhabi Judicial Department formalise cross-court judgment and arbitral award enforcement regime
  A groundbreaking and long awaited Memorandum of Understanding has now been signed between the Abu Dhabi Global Market (ADGM) Courts and the Abu Dhabi Judicial Department, allowing for the direct enforcement of ADGM Courts judgments and arbitral awards into onshore Abu Dhabi Middle East  Dispute Resolution 
• Is there a notable initiative in a market that can be developed into a Pan-Arab initiative? April 2018
  02/04/2018
  Read more about Is there a notable initiative in a market that can be developed into a Pan-Arab initiative? April 2018
  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 
• The “BALTIC STRAIT” – Food for thought in relation to cargo claims, March 2018
  27/03/2018
  Read more about The “BALTIC STRAIT” – Food for thought in relation to cargo claims, March 2018
  The recent Judgment in The “BALTIC STRAIT”¹ decided several interesting issues in relation to cargo claims, on appeal from an arbitration in which HFW (Richard Mabane and Alessio Sbraga) had represented the successful cargo insurers, SIAT Società Italiana Assicurazioni e Riassicurazioni SpA and their assured, the cargo receivers, Altfadul (“Cargo Interests”) writes Richard Mabane. Shipping 
• Discharge of cargo without original bills of lading and letters of indemnity (LOI): one of the biggest risks a shipowner or charterer can take, March 2018
  22/03/2018
  Read more about Discharge of cargo without original bills of lading and letters of indemnity (LOI): one of the biggest risks a shipowner or charterer can take, March 2018
  LOIs are an essential document to help world trade run smoothly. They are given by cargo interests and parties above them in the contractual chain to obtain cargo at a discharge port without delay in circumstances where the original bills of lading are not immediately available. Shipping  Insurance & Reinsurance 
• Forewarned is forearmed: what are the risks if tariffs spark a trade war and how can you prepare? March 2018
  13/03/2018
  Read more about Forewarned is forearmed: what are the risks if tariffs spark a trade war and how can you prepare? March 2018
  On Thursday 8 March, President Trump signed an order for the imposition of new tariffs on steel and aluminium products entering the US. This has sparked concern about the possibility of a resulting international trade war. This would be a daunting prospect for commodity traders, with the risk of escalation potentially threatening markets well beyond steel and aluminium. This article looks at the impact that the imposition of trade tariffs may have on commodity sale contracts and how commodity traders can prepare. Commodities  International Trade Regulation 
• European Commission increases the pressure on the yachting industry, March 2018
  12/03/2018
  Read more about European Commission increases the pressure on the yachting industry, March 2018
  The yachting industry has long anticipated the day when the European Commission would increase the pressure on those EU member states offering yacht owners a means of mitigating their VAT exposure. That day came on 8 March 2018, with the announcement by the European Commission of infringement proceedings against Malta, Cyprus and Greece. Yachts  Eastern Europe & Russia 
• French plans for International Commercial Court accelerate in the face of Brexit, March 2018
  12/03/2018
  Read more about French plans for International Commercial Court accelerate in the face of Brexit, March 2018
  With Brexit on the horizon, France has accelerated an initiative introduced over twenty years ago: establishing divisions within the Paris Commercial Court and Court of Appeal that are able to deal with international business disputes governed by foreign laws - in particular, the common law - in English. EU, Competition and Trade Regulatory  Paris  Eastern Europe & Russia 
• Lasmos Limited v. Southwest Pacific Bauxite (HK) Limited: Navigating the tension between private dispute resolution and insolvency class actions, March 2018
  09/03/2018
  Read more about Lasmos Limited v. Southwest Pacific Bauxite (HK) Limited: Navigating the tension between private dispute resolution and insolvency class actions, March 2018
  In Lasmos Limited v. Southwest Pacific Bauxite (HK) Limited¹, the Hong Kong Court of First Instance dismissed a winding-up petition based on an unsatisfied statutory demand. Corporate  Commercial  Dispute Resolution  Hong Kong 
• And the Oscar goes to... Freedom of Contract! March 2018
  05/03/2018
  Read more about And the Oscar goes to... Freedom of Contract! March 2018
  Morality clauses are back in the spotlight after a spate of high-profile scandals in Hollywood. Many studios are questioning how best to protect themselves from the financial and reputational damage done when claims are levied against their leading lights. After Kevin Spacey's fall from grace, Netflix may still have to pay him a significant sum after terminating his contract for House of Cards. Dispute Resolution  Commercial 
• Holyoake v Candy [2017]: How to avoid falling foul of the penalty doctrine, March 2018
  02/03/2018
  Read more about Holyoake v Candy [2017]: How to avoid falling foul of the penalty doctrine, March 2018
  The recent decision of the High Court in Holyoake v Candy¹ has reinforced the doctrine that penalties only apply to clauses that are triggered on a breach of contract. Dispute Resolution  Commercial 
• Developments in Australian Offshore Decommissioning, March 2018
  01/03/2018
  Read more about Developments in Australian Offshore Decommissioning, March 2018
  The Australian Federal Government and associated agencies review the policy, regulatory and legislative framework for decommissioning offshore petroleum assets in Commonwealth waters. Energy  Oil and Gas  Shipping  Australia 
• All change – are you ready for the EU General Data Protection Regulation? Special update, February 2018
  28/02/2018
  Read more about All change – are you ready for the EU General Data Protection Regulation? Special update, February 2018
  Organisations (including many outside the EEA) now have less than three months to prepare for the EU General Data Protection Regulation (GDPR), which overhauls a data protection regime dating from 1995. EU, Competition and Trade Regulatory 
• English Litigation Privilege: will an emissions trading case cause a change of climate for investigators? February 2018
  27/02/2018
  Read more about English Litigation Privilege: will an emissions trading case cause a change of climate for investigators? February 2018
  A recent ruling by the English High Court in BILTA v RBS¹, concerning EU Emissions Allowances (“EUAs” or “carbon-credits”) trading has re-opened the debate on when materials forming part of an internal investigation can benefit from litigation privilege. The decision further undermines the restrictive approach taken by Andrews J in SFO v ENRC² when applying the “sole or dominant purpose test” to dual-purpose communications. Dispute Resolution 
• English Court Support for Arbitration – Recent Developments, February 2018
  22/02/2018
  Read more about English Court Support for Arbitration – Recent Developments, February 2018
  Parties to English law arbitrations may, in limited circumstances, apply to the High Court for orders in relation to those arbitral proceedings under s.44 of the Arbitration Act 1996 (the Act). The court's role here is to provide support; it is not for the court to supervise or displace the arbitral process. Dispute Resolution 
• Brazil: case law update, February 2018
  21/02/2018
  Read more about Brazil: case law update, February 2018
  The Brazilian Superior Tribunal of Justice (STJ) has recently handed down two judgments that will be of interest to airlines and their insurers: Aerospace  Insurance & Reinsurance  Brazil 
• New orders - Mandatory AIS and insurance for seafarers in the UAE, February 2018
  21/02/2018
  Read more about New orders - Mandatory AIS and insurance for seafarers in the UAE, February 2018
  As of 31 January 2018, shipowners must have liability insurance covering up to four months of wages and provisions, medical care and repatriation costs for all seafarers working on vessels calling at UAE Ports or anchoring in the UAE's territorial waters or Exclusive Economic Zone. This is in line with the requirements of the Maritime Labour Convention of 2006. Shipping  Middle East 
• The saga of punitive damages under Miles v. Apex Marine continues with recent Ninth Circuit Opinion, February 2018
  14/02/2018
  Read more about The saga of punitive damages under Miles v. Apex Marine continues with recent Ninth Circuit Opinion, February 2018
  In the aftermath of the US Supreme Court’s landmark decision in Miles v. Apex Marine Corp.,¹ federal and state courts have grappled with whether a seaman has the right to recover punitive damages under a claim of unseaworthiness. The Ninth Circuit Court of Appeals, in Batterton v. Dutra Group², has recently joined some courts who answer in the affirmative - a seaman may sue for punitive damages under a general maritime claim of unseaworthiness even after Miles. This creates uncertainty for shipowners and their underwriters. Shipping 
• Mind the gap: navigating legal risks in your typical FPSO project, February 2018
  13/02/2018
  Read more about Mind the gap: navigating legal risks in your typical FPSO project, February 2018
  Chanaka Kumarasinghe specialises in upstream oil and gas sector work and has close to twenty years’ experience advising a range of contractors in construction, exploration and production. He has advised on contract negotiation and dispute management in multiple Floating Production Storage and Offloading (FPSO) and Floating Storage and Offloading (FSO) projects over the years.
  
  He has spoken at various FPSO conferences in Singapore and Houston. He will also be attending the FPSO Europe Congress 2018 in London in February 2018, www.fpsoeuropecongress.iqpc.sg. Oil and Gas  Energy 
• New LFSA Guidelines, February 2018
  13/02/2018
  Read more about New LFSA Guidelines, February 2018
  On 1 January 2018, the Labuan Financial Services Authority (LFSA) issued Guidelines on the Establishment and Operations of Labuan Leasing Business (the Guidelines). The Guidelines seek to clarify the requirements for Labuan companies carrying out leasing business in Labuan International Business and Financial Centre. Aerospace 
• New procedures for enforcing property developer’s rights in Dubai, February 2018
  12/02/2018
  Read more about New procedures for enforcing property developer’s rights in Dubai, February 2018
  The recently issued Dubai Law No. (19) of 2017 (the New Law) creates greater protection for developers through its amendment of Article 11 of Law No. (13) of 2008, on Interim Property Registration in Dubai. Construction  Dubai 
• Adam & Eve & Arbitration, February 2018
  12/02/2018
  Read more about Adam & Eve & Arbitration, February 2018
  There are still arbitration clauses that contain arcane language requiring arbitrators to be "commercial men". In this article we examine how the English courts have interpreted this "commercial men" wording and consider whether this could ever serve to restrict the appointment of women arbitrators. We suggest that there is no objective justification for such wording, which undermines the efforts being made to improve gender diversity in arbitration. Private practice and in-house lawyers drafting bespoke arbitration clauses, as well as trade associations drafting standard form clauses, should adopt more modern language. Dispute Resolution 
• Dubai International Arbitration Centre – 2018 Arbitration Rules: Out with the old and in with the new, February 2018
  06/02/2018
  Read more about Dubai International Arbitration Centre – 2018 Arbitration Rules: Out with the old and in with the new, February 2018
  In November 2017, the Dubai International Arbitration Centre (DIAC) took the opportunity to share with the wider legal community the latest revisions to its current 2007 arbitration rules (the 2007 Rules). Dispute Resolution  Dubai  Middle East 
• “A Simpler, More Straightforward Test”? The Fifth Circuit Court of Appeals Adopts a New Test to Determine When a Contract is Considered Maritime, January 2018
  30/01/2018
  Read more about “A Simpler, More Straightforward Test”? The Fifth Circuit Court of Appeals Adopts a New Test to Determine When a Contract is Considered Maritime, January 2018
  On January 8, 2018, in the case In re Larry Doiron, Inc., the Fifth Circuit Court of Appeals, sitting en banc, modified the 28 year-old test provided in Davis & Sons, Inc. v. Gulf Oil Corp. (Davis & Sons) for determining whether a specialty services contract is maritime in nature. Relying on the 2004 United States Supreme Court’s decision in Norfolk Southern Railway Co. v. Kirby (Kirby), the Fifth Circuit established a new test to assist in making this determination. However, in an attempt to alleviate the necessary fact finding requirements under the Davis & Sons test, the Fifth Circuit may not have created the bright-line test it had hoped. Shipping  Houston 
• New bill to speed up commercial international arbitration cases, January 2018
  12/01/2018
  Read more about New bill to speed up commercial international arbitration cases, January 2018
  On 9 January 2018, the Singapore Parliament passed a bill allowing the Singapore International Commercial Court (SICC) to hear the same international commercial arbitration cases as the Singapore High Court, under the International Arbitration Act (IAA). Dispute Resolution  Singapore 
• Reviewing IATA’s Standard Ground Handling Agreement 2018, January 2018
  09/01/2018
  Read more about Reviewing IATA’s Standard Ground Handling Agreement 2018, January 2018
  The latest version of the International Air Transport Association’s (IATA) Standard Ground Handling Agreement (SGHA) went live on 1 January 2018. We consider the main changes introduced by SGHA 2018 – an industry standard template for airlines and handlers that has been the benchmark for more than 25 years. Aerospace  Asia Pacific 
• Petition for Certiorari filed to U.S. Supreme Court to decide the issue of whether Jones Act seamen may recover punitive damages on claims for vessel unseaworthiness, January 2018
  05/01/2018
  Read more about Petition for Certiorari filed to U.S. Supreme Court to decide the issue of whether Jones Act seamen may recover punitive damages on claims for vessel unseaworthiness, January 2018
  Ever since the U.S. Supreme Court’s 1990 Miles v. Apex Marine Corp. decision, lower courts in the United States have considered various issues surrounding the availability of punitive damages in personal injury suits involving seamen. Shipping  Dispute Resolution  USA & Canada 
• SIAC cross institutional consolidation protocol summary, January 2018
  03/01/2018
  Read more about SIAC cross institutional consolidation protocol summary, January 2018
  On 19 December 2017, the Singapore International Arbitration Centre (SIAC) announced its proposal on a new protocol that consolidates compatible international arbitration proceedings subject to different institutional arbitration rules. Dispute Resolution  Singapore 
• Cruise lines: Reasonable care duty requires notice, December 2017
  13/12/2017
  Read more about Cruise lines: Reasonable care duty requires notice, December 2017
  Eleventh Circuit Reaffirms Cruise Lines Are Not Insurers of a Passenger’s Safety. Liability Will Only Arise Where: (1) Cruise Line Had Actual or Constructive Knowledge of the Alleged Risk-Creating Condition and (2) the Condition Was Not Open and Obvious. Shipping  Travel, Cruise & Leisure  Houston 
• Arbitration in the UAE – keep calm and carry on (in Dubai), December 2017
  12/12/2017
  Read more about Arbitration in the UAE – keep calm and carry on (in Dubai), December 2017
  The UAE Ministry of Justice recently released Ministerial Resolution No. 972 of 2017 on the Executive Regulations of the Federal Law No. 23 of 1991 on the Regulation of the Legal Profession and its Amendments (the Resolution), calling into question the ability of parties to choose their counsel in arbitration proceedings (see our earlier briefing here). Dispute Resolution  Dubai 
• Merger control – dodge a regulatory bullet: avoid gun jumping, December 2017
  11/12/2017
  Read more about Merger control – dodge a regulatory bullet: avoid gun jumping, December 2017
  The competition and regulatory clearance process for mergers, acquisitions and joint ventures has become more onerous and lengthy for many transactions. More than 140 countries have adopted some version of a merger control regime, adding a layer of complexity to international deals. It is not unusual for the clearance process to take up to a year or more. During this period parties will often want to begin planning for future integration. The authorities meanwhile are looking closely at potential “gun jumping” violations. EU, Competition and Trade Regulatory 
• Brexit: EU/UK progress report, December 2017
  08/12/2017
  Read more about Brexit: EU/UK progress report, December 2017
  The EU/UK joint report on the progress of the Brexit negotiations, announced today, contains the following key points: EU, Competition and Trade Regulatory 
• Playing the slots: Court of Appeal holds that defunct airline Monarch is still entitled to valuable takeoff and landing slots, December 2017
  06/12/2017
  Read more about Playing the slots: Court of Appeal holds that defunct airline Monarch is still entitled to valuable takeoff and landing slots, December 2017
  Last month we reported¹ that the Divisional Court of the High Court had found that Monarch Airlines, in administration, was no longer entitled to have airport take-off and landing slots allocated to it because it had ceased to be an “air carrier” for the purposes of the EU Slots Regulation. Aerospace  Dispute Resolution 
• Bright gleam of victory – Brazil: International Conventions to prevail in international carriage by air liability disputes, November 2017
  30/11/2017
  Read more about Bright gleam of victory – Brazil: International Conventions to prevail in international carriage by air liability disputes, November 2017
  The long awaited written judgments on the long awaited decisions of the Brazilian Supreme Federal Court (STF) on two landmark cases were finally handed down on 13 November 2017. While the result is positive news for airlines operating international flights to and from Brazil, a more detailed analysis of the judgments confirms our preliminary view¹ that some challenges remain in the battle for the exclusivity of the Conventions in the determination of liability in carriage by air cases in Brazil. Aerospace  Brazil 
• Arbitration in the UAE – one step forward, two steps back? November 2017
  29/11/2017
  Read more about Arbitration in the UAE – one step forward, two steps back? November 2017
  Recent developments in the UAE legal framework once again call into question the attractiveness of the onshore UAE as a seat and hub for arbitration, as well as the ability of parties to choose their own counsel. We take a look at the developments and how this is likely to impact the arbitration landscape in the UAE. Dispute Resolution  Middle East 
• Autonomous vessels – are regulations keeping up with innovation? November 2017
  24/11/2017
  Read more about Autonomous vessels – are regulations keeping up with innovation? November 2017
  Following on from our last briefing of July 2017¹, we take a look at recent developments as the marine sector continues to innovate. As developers move closer to testing the feasibility of Maritime Autonomous Surface Ships (MASS), we also look at steps being taken by some of the key players in the industry. Shipping 
• Courting Construction (Part II): the new Technology & Construction Division of the DIFC Courts, November 2017
  20/11/2017
  Read more about Courting Construction (Part II): the new Technology & Construction Division of the DIFC Courts, November 2017
  In our previous briefing, we wrote about the proposed Technology & Construction Division (TCD) of the Dubai International Financial Centre (DIFC) Courts and its importance for the UAE legal landscape. In this briefing, we take a look at some of the key features of the newly-constituted TCD and how they might influence parties when it comes to choosing the forum in which to resolve their disputes. Construction  Middle East 
• Immigration update for 457 and permanent employer sponsored visas, November 2017
  17/11/2017
  Read more about Immigration update for 457 and permanent employer sponsored visas, November 2017
  As previously announced, the Australian Department of Immigration and Border Protection (DIBP) will abolish the 457 visa and replace it with the new Temporary Skills Shortage (TSS) visa in March 2018. In addition, reforms have been made to the Employer Nomination Scheme (ENS) and Regional Sponsored Migration Scheme (RSMS) visas, restricting eligibility criteria for applicants. At the National Migration Conference on 8 – 10 November, the DIBP made new announcements on these changes. Employment  Australia 
• Brexit : les enjeux pour le contentieux du commerce international, Novembre 2017
  16/11/2017
  Read more about Brexit : les enjeux pour le contentieux du commerce international, Novembre 2017
  Les contrats du commerce international renvoient souvent au droit anglais et aux tribunaux anglais (ou à l’arbitrage à Londres) pour le règlement des litiges. L’accès du Royaume-Uni à l’espace judiciaire commun mis en place par l’Union Européenne (UE) a renforcé la place privilégiée de Londres dans la résolution des litiges commerciaux. EU, Competition and Trade Regulatory  London  Paris  Eastern Europe & Russia 
• Tribunal Secretaries: the LCIA seek to rein in the ‘Fourth Arbitrator’, November 2017
  14/11/2017
  Read more about Tribunal Secretaries: the LCIA seek to rein in the ‘Fourth Arbitrator’, November 2017
  The appointment and use of Tribunal Secretaries has come under increasing scrutiny in international arbitration in recent years. A lingering uneasiness remains over the perceived risk that Tribunals may permit the administrative role of legal assistants to become unsupervised, or, even worse, to morph into that of a delegated decision maker. Dispute Resolution 
• Monarch Airlines: English Court rejects slot allocation claim, November 2017
  10/11/2017
  Read more about Monarch Airlines: English Court rejects slot allocation claim, November 2017
  In the fall-out from the failure of Monarch Airlines in the UK, the English High Court was tasked with determining what entitlement Monarch might have to reallocation of airport slots based on historical precedence, i.e. its usage of the same slots during the previous season. Aerospace 
• Freight forwarders beware when issuing house bills of lading, November 2017
  08/11/2017
  Read more about Freight forwarders beware when issuing house bills of lading, November 2017
  In Australian Capital Financial Management Pty Ltd v Freight Solutions (Vic) Pty Ltd [2017] NSWDC 279, a New South Wales court found that a freight forwarder engaged in misleading and deceptive conduct for issuing house bills that appeared to be the original negotiable bills. By issuing the bills, the freight forwarder had, in effect, 'put into the world two sets of documents of title' as the ocean carrier had also issued negotiable bills for the same shipment. Shipping  Australia 
• MOSCOW STARS: Sale of a cargo under a Charterparty lien, November 2017
  07/11/2017
  Read more about MOSCOW STARS: Sale of a cargo under a Charterparty lien, November 2017
  The Court in Dainford Navigation Inc v PDVSA Petroleo SA¹ considered an application pursuant to section 44 of the Arbitration Act 1996 (the Act) for the sale of a crude oil cargo onboard the “MOSCOW STARS” that was the subject of a charterparty lien exercised by Owners in respect of sums outstanding under the Charterparty. This is the first judgment handed down by the Commercial Court on a defended application for the sale of a cargo under lien. Shipping  Dispute Resolution 
• Adoption of the directive (UE) 2017/1132, a first step towards a European corporate Code, October 2017
  26/10/2017
  Read more about Adoption of the directive (UE) 2017/1132, a first step towards a European corporate Code, October 2017
  The directive (UE) 2017/1132 of the European Parliament and of the Council dated 14 June 2017 (Directive) relating to certain aspects of Company Law was published in the European Union Gazette (JOUE) on 30 June 2017. By bringing together six different directives, the Directive represents a first step towards a European corporate Code and a real effort to make the European corporate law more accessible. Corporate 
• Claimant’s Attempt to Drop Anchor in Shipowner’s Pocketbook Cut Short by The Bright-Line Rule of The Testbank, October 2017
  25/10/2017
  Read more about Claimant’s Attempt to Drop Anchor in Shipowner’s Pocketbook Cut Short by The Bright-Line Rule of The Testbank, October 2017
  Relying on the Robins Dry Dock/Testbank Formulation, the Fifth Circuit Court of Appeals affirms dismissal of a US$258 million claim against a shipowner arising out of an allision in Galveston Harbor Shipping 
• Intra-EU BITs, compatible with EU law? October 2017
  24/10/2017
  Read more about Intra-EU BITs, compatible with EU law? October 2017
  In a somewhat surprising development but one that will be warmly welcomed by the international arbitration community, the Advocate General of the Court of Justice of the European Union (AG), Mr Wathelet, has issued an opinion stating that the bilateral investment treaty (BIT) between the Kingdom of the Netherlands and the Czech and Slovak Federal Republic is compatible with EU law. This is the first time that the compatibility of an intra-EU BIT with EU law has been considered by the AG and Court of Justice of the European Union, (CJEU). EU, Competition and Trade Regulatory  Dispute Resolution 
• The EU General Data Protection Regulation and international airlines - Special update, October 2017
  23/10/2017
  Read more about The EU General Data Protection Regulation and international airlines - Special update, October 2017
  The EU General Data Protection Regulation (GDPR) becomes effective across the European Economic Area (EEA), including in the UK, from 25 May 2018. It overhauls a data protection regime dating from 1995. It will also apply to a large number of businesses established outside of the EEA. Airlines now have less than eight months to make the necessary changes to their systems and policies in order to be prepared when the GDPR “goes live”. The clock is ticking. Aerospace  EU, Competition and Trade Regulatory 
• Limitation of liability in Hong Kong: Breaking News, October 2017
  20/10/2017
  Read more about Limitation of liability in Hong Kong: Breaking News, October 2017
  On 4 December 2017, Hong Kong will apply the International Maritime Organisation's latest amendment to the limits of liability under the 1996 Protocol to the Convention on Limitation of Liability for Maritime Claims, 1976 (the 1976 Convention). These amendments will significantly increase the limits of liability from those currently applicable under Hong Kong law. Hong Kong  Shipping 
• Prospectus changes: three-stage implementation of the EU’s new Prospectus Regulation, September 2017
  19/10/2017
  Read more about Prospectus changes: three-stage implementation of the EU’s new Prospectus Regulation, September 2017
  The new EU Prospectus Regulation (PR), adopted in June 2017, changes the current prospectus regime for listed issuers and companies making public offers of securities. It repeals and replaces the 2003 Prospectus Directive (PD) and the European Commission’s 2004 implementing regulation on the form, content and publication of prospectuses and related advertisements. Corporate  EU, Competition and Trade Regulatory 
• We’re not exclusive: English high court accepts jurisdiction over aircraft lease governed by New York law, October 2017
  16/10/2017
  Read more about We’re not exclusive: English high court accepts jurisdiction over aircraft lease governed by New York law, October 2017
  The recent judgment of the English High Court in Aersale 25362 Aviation & Anor v Med-View Airline PLC demonstrates how effective for lessors a one-way non-exclusive jurisdiction clause in an aircraft lease can be. Aerospace 
• EU261: English Court of Appeal finds non-EU airlines liable for missed connections, October 2017
  13/10/2017
  Read more about EU261: English Court of Appeal finds non-EU airlines liable for missed connections, October 2017
  The English Court of Appeal gave judgment on 12 October 2017 in the cases of Gahan v Emirates and Buckley v Emirates, two joined appeals concerning liability of airlines under EC Regulation 261/2004 for missed connections and consequent delay at a passenger’s final destination. Aerospace 
• The privileged position of the Court of Appeal: Legal privilege in investigations, October 2017
  13/10/2017
  Read more about The privileged position of the Court of Appeal: Legal privilege in investigations, October 2017
  In May, the High Court handed down their decision in The Director of the Serious Fraud Office v Eurasian Natural Resources Corporation Ltd. [2017] EWHC 1017 (QB)¹ narrowing the application of legal professional privilege, particularly in relation to investigations by regulators. The defendant has now been granted the right to appeal this controversial decision. Dispute Resolution  Corporate 
• Hurricanes Harvey, Irma and Maria, October 2017
  09/10/2017
  Read more about Hurricanes Harvey, Irma and Maria, October 2017
  On 4 October, HFW London hosted over 100 clients and press members for a presentation and panel discussion about the impact of the recent hurricanes which hit the US and the Caribbean. Insurance & Reinsurance  Houston  USA & Canada  London 
• Something rotten in the state of shipping: what you need to know about Mandate Fraud and the fraudulent redirecting of payments, October 2017
  04/10/2017
  Read more about Something rotten in the state of shipping: what you need to know about Mandate Fraud and the fraudulent redirecting of payments, October 2017
  A recent shipping review lists fraud, as well as theft and corruption, as the joint second highest risk to the shipping sector, ranked only behind that of market developments, such as market volatility¹. Shipping 
• The GDPR iceberg: data protection in the cruise industry, October 2017
  04/10/2017
  Read more about The GDPR iceberg: data protection in the cruise industry, October 2017
  The EU General Data Protection Regulation (GDPR), which overhauls a data protection regime dating from 1995, becomes effective across the European Economic Area (EEA), including in the UK, from 25 May 2018. It will apply to all businesses established in the EEA and a large number established outside of the EEA. Travel, Cruise & Leisure  Shipping  EU, Competition and Trade Regulatory 
• Port reception facilities for waste water in the Baltic Sea: fit for purpose? October 2017
  03/10/2017
  Read more about Port reception facilities for waste water in the Baltic Sea: fit for purpose? October 2017
  Further to our previous article¹ on the implementation and enforcement of sulphur oxide emissions limits under MARPOL Annex VI, we continue our series looking at issues affecting the maritime industry in the Baltic Sea. In this article, we focus on the implementation of another element of MARPOL, namely Annex IV on the prevention of pollution by sewage from ships. Shipping  Travel, Cruise & Leisure 
• “ATLANTIK CONFIDENCE”: Court of Appeal Rejects Owner’s Application for Permission to Appeal, September 2017
  27/09/2017
  Read more about “ATLANTIK CONFIDENCE”: Court of Appeal Rejects Owner’s Application for Permission to Appeal, September 2017
  In our briefing of October 2016¹ we reported on the decision of Teare J who held that the Owners of the “ATLANTIK CONFIDENCE” were not entitled to limit their liability under the Convention on Limitation of Liability for Maritime Claims 1976 (as amended, the Convention) because the vessel had been “deliberately sunk by the master and chief engineer at the request of Mr. Agaoglu, the alter ego of the Owners.” Shipping  Dispute Resolution 
• ESG compliance – what it is, why it matters and what you need to know, October 2017
  27/09/2017
  Read more about ESG compliance – what it is, why it matters and what you need to know, October 2017
  Environmental, social and governance (ESG) compliance has become an increasingly complex and challenging regulatory environment for companies to navigate. Corporate 
• Il rischio di attacchi cyber nel settore marittimo e le nuove linee guida BIMCO sulla sicurezza informatica, Settembre 2017
  22/09/2017
  Read more about Il rischio di attacchi cyber nel settore marittimo e le nuove linee guida BIMCO sulla sicurezza informatica, Settembre 2017
  Il CEO della IBM ha definito la criminalità informatica come, “la più grande minaccia per tutte le società del mondo” e Forbes prevede che i costi dovuti alla criminalità informatica raggiungeranno i US$2 milliardi entro il 2019. Nel 2015, un’indagine svolta dal CEO di Fortune 500 ha messo in luce come la sicurezza informatica fosse una delle sfide più grandi che devono essere affrontate dalle società. Shipping 
• UK Government releases Code of Practice - Cyber Security for Ships, September 2017
  22/09/2017
  Read more about UK Government releases Code of Practice - Cyber Security for Ships, September 2017
  On 16 June 2017, the IMO adopted Resolution MSC.428(98) which encourages administrations to ensure that cyber risks are appropriately addressed in safety management systems no later than the first annual verification of shipping companies' DOCs after 1 January 2021. It has never been more important to have effective cyber security and crisis management plans in place, as highlighted by the recent NotPetya ransomware incident which effected Maersk. Cyber attacks can harm and damage crew, vessels and cargo and cause business disruption, loss of sensitive information and damage to the company's image. The UK Government's new Code of Practice – Cyber Security for Ships provides further (non-binding) guidance to shipping companies, complementing last year's code of practice for ports and port systems. Shipping 
• MLC Update: Australia imposes lengthy bans on vessels for failures to pay crew wages, September 2017
  21/09/2017
  Read more about MLC Update: Australia imposes lengthy bans on vessels for failures to pay crew wages, September 2017
  All vessels operating in Australian waters must comply with relevant international standards given effect under Australian law, including the Maritime Labour Convention 2006 (MLC). Shipping  Asia Pacific 
• La nouvelle obligation d’information relative aux bénéficiaires effectifs, Septembre 2017
  19/09/2017
  Read more about La nouvelle obligation d’information relative aux bénéficiaires effectifs, Septembre 2017
  Depuis le 1^er août 2017, toutes les personnes morales tenues de s’immatriculer au Registre du Commerce et des Sociétés (société, groupement d’intérêt économique, association, fondation, succursale de société étrangère), ont l’obligation de déposer au Registre du Commerce et des Sociétés dont elles dépendent, au moment du dépôt de leur dossier d’immatriculation, une déclaration relative à l’identité de leurs bénéficiaires effectifs. Corporate 
• Coastal Trading (Revitalising Australian Shipping) Amendment Bill 2017, September 2017
  18/09/2017
  Read more about Coastal Trading (Revitalising Australian Shipping) Amendment Bill 2017, September 2017
  On 13 September 2017, the Minister for Infrastructure and Transport, introduced the Coastal Trading (Revitalising Australian Shipping) Amendment Bill 2017 (Bill) into Parliament to amend to the Coastal Trading Act 2012 (Cth) (Act). The stated purpose is to adjust the existing regime rather than a full scale restructure and follows initial consultation with the industry, in light of complaints about the onerous and cumbersome licensing procedures currently in place under the Act. Shipping 
• Countdown to VAT in the UAE, September 2017
  14/09/2017
  Read more about Countdown to VAT in the UAE, September 2017
  By now, most people and businesses in the UAE should be aware that Value Added Tax (VAT) will be applicable in the UAE from 1 January 2018 at a standard rate of 5%. Middle East 
• Lemos: preserving a bankrupt’s privilege, September 2017
  11/09/2017
  Read more about Lemos: preserving a bankrupt’s privilege, September 2017
  The High Court has considered a recent Court of Appeal ruling on whether trustees in bankruptcy should be able to deploy privileged documents in the discharge of their duties. Fraud and Insolvency 
• Avoiding the GDPR iceberg – data protection in the shipping industry, September 2017
  11/09/2017
  Read more about Avoiding the GDPR iceberg – data protection in the shipping industry, September 2017
  Businesses now have less than nine months to prepare for the EU General Data Protection Regulation (GDPR), which overhauls a data protection regime dating from 1995. The GDPR becomes effective across the European Economic Area (EEA), including in the UK, from 25 May 2018. It will also apply to a large number of businesses established outside of the EEA. Shipping  EU, Competition and Trade Regulatory 
• 2007 Nairobi International Convention on the Removal of Wrecks comes into force in Singapore, September 2017
  08/09/2017
  Read more about 2007 Nairobi International Convention on the Removal of Wrecks comes into force in Singapore, September 2017
  On 8 September 2017, the Nairobi International Convention on the Removal of Wrecks (Nairobi Convention) will come into force in Singapore. As of 6 September 2017, 37 states had contracted to the Nairobi Convention. Shipping  Singapore 
• Agravation of pre-existing injury cases may now be more difficult to defend: Koch v United States - the Fifth Circuit adopts broad interpretation of “eggshell skull” doctrine, September 2017
  06/09/2017
  Read more about Agravation of pre-existing injury cases may now be more difficult to defend: Koch v United States - the Fifth Circuit adopts broad interpretation of “eggshell skull” doctrine, September 2017
  Many maritime personal injury claims are filed alleging that the incident on the employer’s vessel aggravated a pre-existing disease or physical defect to the extent that the worker is now disabled. The employer generally claims it is not responsible for that portion of the physical condition that pre-existed the incident on board ship. This common battle is fought by maritime employers in litigation on a daily basis. A recent decision from the Court of Appeals for the 5th Federal Circuit has made this strategy more difficult for employers to implement. Shipping  Dispute Resolution 
• BREXIT: easier, cheaper and more efficient cross-border litigation, August 2017
  23/08/2017
  Read more about BREXIT: easier, cheaper and more efficient cross-border litigation, August 2017
  The UK Government's most recent position paper shows a clear desire to continue civil judicial co-operation with EU member states post-Brexit. The Government's drive to maximise security and continuity despite uncertain times ahead is therefore positive news for businesses, but will ultimately depend on the UK's negotiating foothold in continuing Brexit negotiations. Dispute Resolution  EU, Competition and Trade Regulatory 
• Thailand ratifies Montreal Convention 1999, August 2017
  21/08/2017
  Read more about Thailand ratifies Montreal Convention 1999, August 2017
  Thailand has deposited its instrument of accession to the Convention for the Unification of Certain Rules for International Carriage by Air Montreal, May 28 1999 (MC99) with the International Civil Aviation Organisation (ICAO). MC99 is expected to come into force in Thailand on 2 October 2017. Aerospace  Singapore  Asia Pacific 
• American seaman: Ward of the Admiralty Court, but sometimes subject to arbitration, August 2017
  17/08/2017
  Read more about American seaman: Ward of the Admiralty Court, but sometimes subject to arbitration, August 2017
  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
  Read more about Sanctions update: Increased sanctions on Russia, Iran and North Korea, August 2017
  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
  Read more about Hong Kong Apology Ordinance reinforces the SAR’s status as a dispute resolution hub, August 2017
  Hong Kong is the first jurisdiction 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 hub for dispute resolution. Aerospace  Dispute Resolution  Hong Kong 
• Texas Federal Court Dismisses 30 Month Late Hail Damage Claim, August 2017
  07/08/2017
  Read more about Texas Federal Court Dismisses 30 Month Late Hail Damage Claim, August 2017
  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
  Read more about U.S. Fifth Circuit Holds that Insurer was Prejudiced by Unreasonably Late Notice, May 2016
  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
  Read more about A Supreme judgment that’s fit for purpose, August 2017
  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
  Read more about Countering America's Adversaries Through Sanctions Act, August 2017
  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
  Read more about Deepwater well intervention – regulatory and risk allocation issues, July 2017
  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
  Read more about Maritime Autonomous Surface ships - the rise of the machine, July 2017
  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
  Read more about Direct actions against insurers - floodgates now open? July 2017
  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
  Read more about Hong Kong case law update: Hong Kong Court examines the scope of its jurisdiction to wind-up foreign companies, July 2017
  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
  Read more about The Repeal Bill and Beyond, July 2017
  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
  Read more about New Bimco Cyber Security Guidelines, July 2017
  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
  Read more about Singapore High Court has power to alter priorities between maritime claimants, July 2017
  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
  Read more about Sulphur emissions in the Baltic Sea: two years on, June 2017
  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
  Read more about Third Party Funding Bill: legislative change bolsters Hong Kong's standing in international arbitration space, June 2017
  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
  Read more about The Qatari restrictions: implications for arbitration, June 2017
  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
  Read more about Are you entitled to payment under your contract: have you dotted your 'i's and crossed your 't's? June 2017
  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
  Read more about The Qatari restrictions: implications for the commodities sector, June 2017
  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
  Read more about The Qatari restrictions: implications for the construction sector, June 2017
  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
  Read more about Brexit negotiations begin now: business must prepare, 9 June 2017
  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
  Read more about Le restrizioni imposte sul Qatar e le implicazioni nel settore marittimo, Giugno 2017
  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 about The Qatari restrictions: implications for the shipping sector, June 2017
  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
  Read more about The Iran deal: challenges ahead, June 2017
  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 about Putting privilege behind bars: legal privilege in criminal investigations, June 2017
  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
  Read more about US House of Representatives passes bill to impose new sanctions on North Korea, May 2017
  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
  Read more about Brazilian Supreme Court ruling on the application of international conventions on carriage by air, May 2017
  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). Aerospace  Brazil  Latin America 
• Set-off under the UAE Insolvency Law, May 2017
  24/05/2017
  Read more about Set-off under the UAE Insolvency Law, May 2017
  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
  Read more about First oil and gas licensing round: the future of oil and gas in Lebanon, May 2017
  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 about Cyber security – the increasing threat to your business, May 2017
  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
  Read more about The OCEAN VICTORY – l'ultima parola dei giudici in merito alla sicurezza del porto di Kashima, Maggio 2017
  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
  Read more about Recovering exchange rate losses in a post-Brexit economy, May 2017
  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
  Read more about The OCEAN VICTORY – the final word on the safety of Kashima Port, May 2017
  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
  Read more about More of the same but better: the new LMAA Terms 2017, April 2017
  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
  Read more about The 457 visa: being removed, reinvented or reborn? May 2017
  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
  Read more about Autonomy at sea – the future? April 2017
  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
  Read more about Corporate governance under the spotlight, April 2017
  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
  Read more about Devoir de vigilance des groupes de sociétés, Avril 2017
  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
  Read more about Fifth Circuit scrutinizes seaman exemption to FLSA overtime requirements, April 2017
  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 about English court reviews the “fraud unravels all” principle in enforcement of CIETAC arbitration award, April 2017
  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
  Read more about COURTING CONSTRUCTION: THE NEW TECHNOLOGY & CONSTRUCTION DIVISION OF THE DIFC COURTS, APRIL 2017
  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
  Read more about 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
  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
  Read more about Article 257 of the UAE Penal Code:
  a law of unintended consequences for arbitration, April 2017
  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
  Read more about Regulation (EC) 261/2004 litigation: claim agencies in the crosshairs of the European Commission, April 2017
  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. Aerospace  EU, Competition and Trade Regulatory 
• Troubled waters: EMAS and Ezra Holdings Chapter 11 Bankruptcy – dealing with the fallout, March 2017
  28/03/2017
  Read more about Troubled waters: EMAS and Ezra Holdings Chapter 11 Bankruptcy – dealing with the fallout, March 2017
  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
  Read more about DIAC to change its default seat of arbitration, March 2017
  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
  Read more about Indonesia ratifies Montréal Convention 1999, March 2017
  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. Aerospace  Asia Pacific 
• Reforming Australia's Coastal Shipping Regime, March 2017
  21/03/2017
  Read more about Reforming Australia's Coastal Shipping Regime, March 2017
  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
  Read more about The 2013 Nordic Marine Insurance Plan four years on: A comparison with ITC, DTV/ADS, March 2017
  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
  Read more about Can root cause analysis reports and witness statements be protected from discovery? March 2017
  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 about 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
  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
  Read more about Indonesia what's new - regulatory developments in mining, March 2017
  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 about HFW successfully upholds in Court of Appeal important first instance judgment of Males J on inducement, March 2017
  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
  Read more about Indonesia – what’s new? Moving cost recovery to gross split system in the upstream oil and gas sector, March 2017
  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 about Article 1161 du nouveau code civil : de nouvelles contraintes à prendre en compte pour la gestion des groupes de sociétés, Mars 2017
  L’ordonnance n°2016-131 du 10 février 2016 entrée en vigueur le 1^er 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 about Brexit considerations for aviation: Are the skies becoming any clearer? February 2017
  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. Aerospace 
• Company reporting requirements, February 2017
  21/02/2017
  Read more about Company reporting requirements, February 2017
  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 about New UAE Federal Law on pledges of property and moveables, February 2017
  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 about Investment Funds Update, February 2017
  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 about NOTAM: Hong Kong aviation legal developments in focus, January 2017
  Kung Hei Fat Choy and Gong Xi Fa Cai! Aerospace  Asia Pacific  Hong Kong 
• UK Government moves to tackle sanctions breaches, February 2017
  07/02/2017
  Read more about UK Government moves to tackle sanctions breaches, February 2017
  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 about Between the devil and the deep blue sea: stacking now and the unknown future, February 2017
  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
  Read more about 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
  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 about 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
  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
  Read more about Executive order of January 27 2017 and its effect upon crewing of vessels calling in the US, February 2017
  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
  Read more about Right to disconnect: what impact on companies? January 2017
  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 about Enforcement against foreign states – new rules on immunity following the Loi Sapin 2, January 2017
  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 about Les nouvelles règles en matière d'immunité d'exécution des Etats étrangers suite à la Loi Sapin 2, Janvier 2017
  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 about Parliamentary Sovereignty Supreme: UK government still on target for Article 50 Brexit trigger before the end of March
  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 about No grounds to review non-jurisdictional adjudicator errors, January 2017
  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 about Singapore introduces funding for arbitration cases, January 2017
  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 about Delayed or cancelled flights in China – a new Regulation to affect all carriers, December 2016
  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. Aerospace  Asia Pacific 
• Volcafe Ltd v Compania Sud Americana de Vapores SA (T/A CSAV), December 2016
  14/12/2016
  Read more about Volcafe Ltd v Compania Sud Americana de Vapores SA (T/A CSAV), December 2016
  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 about More about maritime claims and maritime liens in Australia, December 2016
  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 about Amendments to the Construction Contracts Act 2004 (WA) come into effect, December 2016
  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 about First director disqualification for a breach of competition law obtained in the UK, December 2016
  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 about Cyber security – time to change the locks? December 2016
  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 about Case update: cross-border insolvency, November 2016
  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 about 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
  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 about EU electronic signature regulation, November 2016
  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 about Third party funding costs in arbitration proceedings: developments in Singapore and the Singapore perspective on a key English judgment, November 2016
  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 about The Corporate Veil, porous or impenetrable? November 2016
  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 about Indonesia: what’s new? Indonesia extends the timeline for foreign vessels to operate in its waters, November 2016
  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 about Trading after Brexit: navigating WTO rules, November 2016
  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 about Is your standard form contract enforceable? New unfair contracts regime for small business to take effect 12 November 2016
  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 about Bollettino Marittimo –
  Edizione Speciale
  Il caso ATLANTIK CONFIDENCE: gli Assicuratori del Carico “rompono i limiti” in una recente sentenza finora senza precedenti, Novembre 2016
  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 about Is there a notable initiative in a market that can be developed into a Pan-Arab initiative? October 2016
  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 about Offshore projects – visas required again, October 2016
  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 about 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
  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 about ATLANTIK CONFIDENCE: Cargo Insurers “break limits” in unprecedented judgment, October 2016
  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 about Everything that floats – regulations clear? October 2016
  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 about Confirmation received from the Court of Appeal: the ASTRA was wrongly decided, October 2016
  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 about La conferma ricevuta dalla corte d’appello: la decisione nel caso the ASTRA era errata
  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 about A victory for insurers? A question again. European Court to decide whether to allow direct actions against insurers, September 2016
  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 about Réforme du droit des contrats : de nouvelles perspectives en matière d’assurance ? Septembre 2016
  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 about Brexit: the effect on cross-border insolvencies, September 2016
  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 about Faillite d’Hanjin : quelles actions pour les intérêts cargaison ? Septembre 2016
  Le 1^er 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 about Brexit : quelques mesures que les sociétés d’assurance ou de réassurance peuvent prendre dès maintenant, Septembre 2016
  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 about Staying Adjudications – when your contractor is becoming insolvent, September 2016
  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 about Hanjin in rehabilitation: what next? August 2016
  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 about Commencement of drilling = spudding? Industry terms in oil and gas contracts – another victory for clear language, August 2016
  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 about MSC v Cottonex¹: once on demurrage, not always on demurrage
  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 about Beach volleyball: how the Court of Arbitration for Sport made 1 + 1 = 1, August 2016
  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 about Injunctions to stop adjudicators from making determinations may be possible on the East Coast: Vinson v Neerim Properties Developments Pty Ltd, August 2016
  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 about Supreme Court defines the ambit of the fraudulent claims rule, August 2016
  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 about New SIAC rules 2016: key changes apply from 1 August 2016, July 2016
  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 about Preparing for Brexit: seven things that (re)insurance businesses can do now, July 2016
  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 about NCAT decision on community rule, July 2016
  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 about Holidays in France - always strict liability? July 2016
  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 about Bollettino Marittimo – Edizione Speciale: BREXIT: Uscita del Regno Unito dall’Unione Europea Conseguenze nel panorama commerciale e giuridico britannico, Luglio 2016
  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 about Réforme du droit des contrats en France : aspects pratiques en droit des sociétés et opérations de M&A, Mai 2016
  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 about Pitfalls of settlement agreements - how a warranty kept alive led to a AUS$7 million claim three years later, June 2016
  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 about BREXIT: next steps for out – how will this affect your business?
  The UK has made its choice and is to leave the European Union. Aerospace  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  Brazil  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 about Final Marine Order 42 and “verified gross mass” of containers – update, June 2016
  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 about Indonesia: what’s new? The Indonesia 2016 Negative List – foreign investment opportunities remain? June 2016
  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 about North Korea sanctions update, June 2016
  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 about Pesée des conteneurs : publication de l’arrêté d’application pour la France, Juin 2016
  L’amendement au Chapitre VI de la Convention internationale sur la sauvegarde de la vie en mer (SOLAS), qui rentrera en vigueur le 1^er 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 about Décret n°2016-687 du 27 mai 2016 relatif à l’autorisation d’exploiter les installations de production d’électricité, Juin 2016
  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 about Decree No. 2016-687 dated 27 May 2016 on the authorisation to operate power plants, June 2016
  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 about Amendments to Marine Order 42 – the facts: “verified gross mass” of containers, May 2016
  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 about L’impact de la réforme du droit des contrats en France en matière de construction, Mai 2016
  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 about Case update: Transocean Drilling UK Ltd v Providence Resources PLC, May 2016
  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 about 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
  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 about OW Bunker test case: the RES COGITANS Supreme Court judgment handed down today, May 2016
  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 about Bollettino Marittimo – Edizione Speciale: Sentenza definitiva OW, Maggio 2016
  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 about ASEAN liberalisation: open skies achieves full ratification, May 2016
  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. Aerospace  Asia Pacific  Hong Kong  Shanghai  Singapore 
• European Union sanctions against North Korea update, May 2016
  06/05/2016
  Read more about European Union sanctions against North Korea update, May 2016
  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 about Indonesia: what’s new? April 2016
  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 about Data protection has new teeth: seven ways to prepare now for the EU General Data Protection Regulation to avoid being bitten, April 2016
  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 about Pesée des conteneurs : nouvelle réglementation SOLAS, Avril 2016
  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 1^er 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 about A victory for insurers: the YUSUF CEPNIOGLU, April 2016
  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 about North Korea sanctions update, April 2016
  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 about Changes to the Saudi Arabian labor laws, April 2016
  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 about Tales of offshore contract terminations, April 2016
  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 about It’ll all come out in the wash: how construction adjudications are like a front-loading washing machine, April 2016
  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 about Telling the truth is still the best policy: Laing O’Rourke Australia Construction Pty Ltd v Samsung C&T Corporation, March 2016
  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 about New register for UK companies of persons with significant control, March 2016
  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 about OW Bunker test case: the RES COGITANS − forthcoming Supreme Court hearing, March 2016
  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 about The wind of change: emergence of an insurance regime appropriate for French marine renewable energy projects?, February 2016
  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 about Le vent de l’assurance tourne pour les EMR : émergence d’un régime d’assurance adapté aux EMR ? Février 2016
  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 about Iran sanctions: guidance for insurers, reinsurers and brokers, February 2016
  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 about Foreign investment into Australia: Implications under the new FIRB legislation for investment in developed commercial land, February 2016
  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 about OW Bunker test case: the RES COGITANS – permission to appeal to the Supreme Court granted, February 2016
  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 about Safe Harbour 2.0: will the EU-US Privacy Shield stand up to scrutiny? February 2016
  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 about Levée des sanctions contre l’Iran : ce qu’il faut savoir, Février 2016
  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 about The new Saudi companies law and its implications for KSA companies, January 2016
  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 about Iran: opportunities following sanctions relief, January 2016
  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 about Lifting of Iran sanctions: top 10 things to consider, January 2016
  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 about Green is the new black: developments following the Paris climate change conference, January 2016
  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 about Why are we weighting? Time to act, January 2016
  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 about New General Data Protection Regulation, December 2015
  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 about Damaging the brand: the impact of bribery by associated persons, December 2015
  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 about Mongolia: what’s new? December 2015
  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 about Монгол улсын дараагийн алхам юу вэ? 12 дугаар сар
  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 about Sanctions: Russia imposes sanctions against Turkey, December 2015
  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 about Challenges en cascade pour l’Afrique, Novembre 2015
  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 about Misery loves company, November 2015
  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 about Extension of the French continental shelf, November 2015
  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 about Global developments in LNG trading, November 2015
  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 about Modern Slavery Act 2015 – supply chain due diligence, November 2015
  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 about Iran sanctions: is the end in sight? November 2015
  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 about Damages for wrongful arrest – test case still awaited! November 2015
  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 about Freezing down under! Prospective freezing orders valid in Australia, November 2015
  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 about Time bars: miss them at your peril, November 2015
  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 about Bollettino Marittimo – Edizione Speciale: Crisi Migranti – profili problematici per le navi mercantili, Novembre 2015
  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 about English jurisdiction up in smoke! October 2015
  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 about Taxing times: the European Commission gets tough on preferential tax rulings, October 2015
  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 about Bollettino Marittimo – Edizione Speciale: Sentenza d’Appello nel caso OW Bunker, Ottobre 2015
  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 about The OW Bunker Court of Appeal judgment and commentary on recent multi-jurisdictional developments, October 2015
  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 about Insurance regulation in the ADGM and the DIFC: a comparative guide, November 2015
  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 about Competition law update: Draft Leniency Policy, October 2015
  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  Aerospace  Shipping 
• Défaut de performance énergétique : nouveau texte, nouvelles questions, Octobre 2015
  16/10/2015
  Read more about Défaut de performance énergétique : nouveau texte, nouvelles questions, Octobre 2015
  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 about Coastal trading update, October 2015
  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 about Limitation of liability: HEIDBERG, the end of a 24 year story, October 2015
  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 about Indonesia: what’s new? October 2015
  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 about “Somali piracy”: reduction to high risk area, October 2015
  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 about Volkswagen – errors and emissions, October 2015
  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 about 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
  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 about Conflits de loi : quelle est la loi applicable à l’action directe de la victime d’une inexécution contractuelle ? Septembre 2015
  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 about Dubai court issues landmark judgment recognising and enforcing a foreign arbitral award, September 2015
  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 about Bunkers International Corporation, September 2015
  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  Brazil  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 about AXA Versicherung AG (successor to Albingia) v. Arab Insurance Group (B.S.C.), August 2015
  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 about Goel & Trivedi v Ryanair – a question of contractual limitation for EU261 claims, August 2015
  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. Aerospace  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 about Tianjin port update following the blast on 12 August 2015: delays to shipments, and other issues affecting cargoes, August 2015
  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  Brazil  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 about The role of LNG in the global energy sector and shipping’s role in that market, August 2015
  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  Brazil  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
  Read more about Philippines ratifies Montreal Convention 1999, August 2015
  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. Aerospace  Asia Pacific  Hong Kong  Singapore 
• Tianjin Port explosion, August 2015
  14/08/2015
  Read more about Tianjin Port explosion, August 2015
  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  Brazil  Alliance Offices 
• Brazilian regulatory changes good for international reinsurers, August 2015
  07/08/2015
  Read more about Brazilian regulatory changes good for international reinsurers, August 2015
  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  Brazil  Latin America 
• Cape Town Convention in the UK – date of entry into force has been confirmed, July 2015
  31/07/2015
  Read more about Cape Town Convention in the UK – date of entry into force has been confirmed, July 2015
  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. Aerospace  EU, Competition and Trade Regulatory  Eastern Europe & Russia  London 
• Aviation regulatory update, July 2015
  27/07/2015
  Read more about Aviation regulatory update, July 2015
  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. Aerospace  EU, Competition and Trade Regulatory  Eastern Europe & Russia 
• Responsabilité des diagnostiqueurs immobiliers : quid du préjudice indemnisable ? Juillet 2015
  24/07/2015
  Read more about Responsabilité des diagnostiqueurs immobiliers : quid du préjudice indemnisable ? Juillet 2015
  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 about Post-award ship arrest possible in Hong Kong, July 2015
  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 about Nigeria bans 113 tankers, July 2015
  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 about Sanctions: a snapshot of current and future developments as at 15 July 2015
  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 about Australian cabotage update – July 2015
  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 about OW test case – permission to appeal judgment granted, July 2015
  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 about Bollettino Marittimo - Edizione Speciale Sentenza OW, Luglio 2015
  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 about SOLAS amendments – mandatory verification of container weights: the clock is ticking... July 2015
  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 about OW Bunker test case judgment handed down today - 14 July 2015
  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 about Approach agreed on new Data Protection Regulation, July 2015
  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 about Argentine Judge orders seizure of assets of oil drillers operating in the Falkland Islands, June 2015
  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 about Hong Kong’s Insurance Companies (Amendment) Bill 2014 may soon pass, June 2015
  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 about Indonesia fuelling growth: a commitment to development, June 2015
  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 about UK ratification of the Cape Town Convention: a welcome addition or a damp squib? June 2015
  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. Aerospace  EU, Competition and Trade Regulatory  Eastern Europe & Russia  London 
• The UK Insurance Act 2015, June 2015
  10/06/2015
  Read more about The UK Insurance Act 2015, June 2015
  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 about Anti-suit injunctions and arbitration agreements: the position under Hong Kong law, June 2015
  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 about The best of both worlds in alternative dispute resolution: Singapore’s Arb-Med-Arb protocol, June 2015
  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 about Supreme Court makes landmark ruling on insurers’ liability for mesothelioma, May 2015
  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 about Indonesia: mandatory payments by letter of credit and bans on foreign currency transactions, June 2015
  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 about Qingdao: judgment in Mercuria v Citigroup in London's Commercial Court, May 2015 (Chinese)
  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 about Qingdao: judgment in Mercuria v Citigroup in London's Commercial Court, May 2015
  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 about An update on Directors and Officers liabilities, May 2015
  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 about Australian coastal trading update, May 2015
  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 about Wind farm design risk: landmark decision, May 2015
  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 about Transfer pricing changes announced in the Australian budget, May 2015
  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 about Suspect cladding may spark litigation against builders and developers, May 2015
  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 about Australian coastal trading market update, May 2015
  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 about Thailand adopts new International Carriage by Air Act, May 2015
  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. Aerospace  Asia Pacific 
• Beware of time bars, April 2015
  22/04/2015
  Read more about Beware of time bars, April 2015
  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 about Iran: no immediate lifting of sanctions; but negotiations under way, April 2015
  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  Brazil  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 about The wait is over: the UAE Insurance Authority’s new Financial Regulations, April 2015
  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 about Recherche d'une solution amiable : un préalable obligatoire ?, Avril 2015
  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 about Throwing the keys back: the measure of damages where Charterers redeliver without sufficient notice, April 2015
  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 about A welcome change for authorised firms: the DFSA’s new client classification regime, March 2015
  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 about General Aviation insurance: AVN1D ‘certification’ complete, March 2015
  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. Aerospace  Insurance & Reinsurance  London 
• Budget 2015: a lifeline in the North Sea? March 2015
  19/03/2015
  Read more about Budget 2015: a lifeline in the North Sea? March 2015
  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 about Countdown to full implementation of the Hong Kong competition ordinance, March 2015
  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 about Oil price shock: consequences and recommended actions, March 2015
  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 about Troubled waters ahead? Australia to open up coastal trades to international shipping, March 2015
  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 about Regulation of trade in freight derivatives: be prepared, February 2015
  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 about The UK Public Contracts Regulations 2015 have arrived, February 2015
  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 about Dealing with the changing sanctions landscape, February 2015
  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  Brazil  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 about Shipping pools: a competition law perspective – sink or swim? February 2015
  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 about Corporations Act trumps security of payment legislation for insolvent contractors, February 2015
  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 about Court fees: reforms update, February 2015
  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 about Vessels now exposed to 24 month bans from Australian ports: New guidelines published in Marine Notice 03/2015, February 2015
  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 about Copenship Insolvency, February 2015
  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 about Direct rights of action against P&I clubs: a growing trend?
  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 about OECD Foreign Bribery Report: An Analysis of the Crime of the Bribery of a Foreign Official, February 2015
  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 about La OCEAN VICTORY: chiarimento della corte d’appello sul concetto di “circostanza eccezionale” inerente la sicurezza di un porto, Febbraio 2015
  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 about Insurance Bill makes progress through UK legislative process, February 2015
  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 about State aid: developments in 2014 and an assessment of the London bus lane policy, February 2015
  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 about Shipping insolvencies: a Hong Kong perspective, February 2015
  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 about Abnormal occurrence clarified in the OCEAN VICTORY Court of Appeal decision, January 2015
  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 about Polluter pays: financial assurance and regulatory compliance requirements for the Australian offshore petroleum industry, January 2015
  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 about Home Building Act amendment: decreased liabilities or fairer playing field? January 2015
  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  Brazil  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 about New corruption convictions in the UK and the USA, January 2015
  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 about Entrée en vigueur du règlement “Bruxelles I bis” – ce qu’il faut savoir, Janvier 2015
  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 about Sulphur Emissions: A New Year’s Resolution, January 2015
  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 about 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
  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 about Building and construction industry security of payment regulation amendment – retention trust fund, December 2014
  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 about Good faith, honesty, and reasonableness: goodwill to all? The duty to act in good faith and what it means to act reasonably, December 2014
  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 about The Damages Directive and Private Enforcement, December 2014
  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 about Convention Solas : l’obligation de peser les conteneurs avant chargement bientôt en vigueur, Decembre 2014
  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 about EU sanctions against Russia and Iran
  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  Brazil  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 about China-Australia Free Trade Agreement: an Australian perspective, December 2014
  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 about UK Counter-Terrorism and Security Bill: ransom payments - Part 2, November 2014
  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  Brazil 
• UK Counter-Terrorism and Security Bill: ransom payments, November 2014
  24/11/2014
  Read more about UK Counter-Terrorism and Security Bill: ransom payments, November 2014
  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  Brazil  Dispute Resolution 
• CSG in Australia, November 2014
  17/11/2014
  Read more about CSG in Australia, November 2014
  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 about Hijacked by Somali pirates: additional liabilities for cargo interests, November 2014
  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  Brazil 
• Regulations for secondary listings relaxed by SGX, November 2014
  12/11/2014
  Read more about Regulations for secondary listings relaxed by SGX, November 2014
  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 about The LNG sale and purchase agreement, November 2014
  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 about Terrorism on the high seas, November 2014
  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 about Market volatility driving oil prices, November 2014
  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 about Mediation: time for something new, October 2014
  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 about La limitation de responsabilité du propriétaire de navire conforme à la Constitution, Octobre 2014
  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 about Entrée en vigueur effective de l'action de groupe, Octobre 2014
  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. Aerospace  Paris 
• Proposed joint ventures in Indonesia, October 2014
  16/10/2014
  Read more about Proposed joint ventures in Indonesia, October 2014
  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 about Ebola causing a headache for airlines, October 2014
  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. Aerospace  Dispute Resolution  Insurance & Reinsurance  London  Paris  Brussels  Dubai  Hong Kong  Singapore  Sydney  Brazil  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 about The arrest of the ship CHOU SHAN: Full Federal Court of Australia considers forum non conveniens principles and loss of juridical advantage, October 2014
  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 about Ship ban: new AMSA CEO changes course, October 2014
  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 about Proposed overhaul of Australian competition law in the shipping liner trade, September 2014
  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 about Ebola : conséquences contractuelles, Septembre 2014
  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 about Mandatory industry code of conduct for access to Australian bulk wheat port terminal facilities
  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 about Australian Government to overhaul coastal cabotage regime, September 2014
  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 about Coal trade: the impact of the changing regulatory framework in Asia-Pacific, September 2014
  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 about Sanctions: more pressure on Russia
  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  Brazil  Alliance Offices  Eastern Europe & Russia 
• PRC tax: the impact of recent developments on international shipping, September 2014
  04/09/2014
  Read more about PRC tax: the impact of recent developments on international shipping, September 2014
  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 about Ebola: Rischi e Conseguenze nel Settore Marittimo, Agosto 2014
  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 about Sanctions update: Swiss sanctions against Russia, August 2014
  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 about 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
  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 about Court rules on the interpretation of Clause 8 of GAFTA 49, August 2014
  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 about EU sanctions related to Ukraine: tightening the screw
  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  Brazil  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 about Sanctions: Russia under pressure as Iran discussions continue, July 2014
  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  Brazil  Alliance Offices 
• Treatment of PCASP under the Maritime Labour Convention, July 2014
  16/07/2014
  Read more about Treatment of PCASP under the Maritime Labour Convention, July 2014
  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 about 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
  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 about The Insurance Bill, July 2014
  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 about Ukraine: sanctions still on the agenda, June 2014
  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  Brazil  Alliance Offices 
• Cotton on: the ICA gets tough on defaulters, July 2014
  30/06/2014
  Read more about Cotton on: the ICA gets tough on defaulters, July 2014
  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 about Prescription des actions contre les constructeurs : a propos de l'interprétation de l'article 1792-4-3 du Code civil, Juin 2014
  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 about Rioting our way to a change in the law…, June 2014
  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 about Conditional approval for Hutchinson 3G and O2, June 2014
  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 about GA security: pay now, argue later, June 2014
  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 about Amendments to the Australian Insurance Contracts Regulations 1985 – duty of disclosure, June 2014
  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 about The new Indonesia Investment Negative List
  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 about The use of VDR information in Australia
  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 about To stay or not to stay?
  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 about Corporate Transparency and Accountability Update
  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 about Insurance regulation in Hong Kong: a paradigm shift
  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 about Container detention: back on the agenda?
  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  Brazil  Alliance Offices  Financial Institutions 
• India applies modified Montreal Convention 1999 to domestic carriage
  04/04/2014
  Read more about India applies modified Montreal Convention 1999 to domestic carriage
  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. Aerospace  Singapore  Indian Sub-continent  Insurance & Reinsurance  Dispute Resolution 
• A propos du nouveau règlement du CEFAREA
  28/03/2014
  Read more about A propos du nouveau règlement du CEFAREA
  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 about Ukraine-related sanctions: what comes next?
  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  Brazil  Alliance Offices  Eastern Europe & Russia 
• Implications of breaching an employment agreement
  25/03/2014
  Read more about Implications of breaching an employment agreement
  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  Brazil  Alliance Offices  Asia Pacific 
• Landmark English Court of Appeal decision upholds admissibility of accident investigation reports in civil proceedings
  21/03/2014
  Read more about Landmark English Court of Appeal decision upholds admissibility of accident investigation reports in civil proceedings
  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. Aerospace  Dispute Resolution  London  Paris  Brussels  Geneva  Piraeus  Dubai  Shanghai  Hong Kong  Singapore  Melbourne  Sydney  Perth  Brazil  Alliance Offices 
• EU ETS update: the compliance conundrum
  10/03/2014
  Read more about EU ETS update: the compliance conundrum
  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. Aerospace  EU, Competition and Trade Regulatory  London  Paris  Rouen  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  Dispute Resolution 
• Ukraine: the latest on sanctions
  07/03/2014
  Read more about Ukraine: the latest on sanctions
  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  Brazil  Alliance Offices  Eastern Europe & Russia 
• Venezuela: airlines required to sell travel insurance
  06/03/2014
  Read more about Venezuela: airlines required to sell travel insurance
  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. Aerospace  Latin America  Brazil  London  Insurance & Reinsurance  Travel, Cruise & Leisure 
• Ukraine: what sanctions might be imposed?
  03/03/2014
  Read more about Ukraine: what sanctions might be imposed?
  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  Brazil  Alliance Offices  Eastern Europe & Russia 
• Financial Ombudsman Service
  24/02/2014
  Read more about Financial Ombudsman Service
  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 about Directors' defence costs: New Zealand Supreme Court allows Bridgecorp appeal
  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 about Indonesian mining - get your smelter ready
  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  Brazil  Alliance Offices  Asia Pacific  Mining  Commodities 
• Suspension of Iran sanctions - a golden opportunity?
  30/01/2014
  Read more about Suspension of Iran sanctions - a golden opportunity?
  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  Brazil  Alliance Offices 
• Polluter pays: ongoing regulatory changes for the Australian offshore petroleum industry
  22/01/2014
  Read more about Polluter pays: ongoing regulatory changes for the Australian offshore petroleum industry
  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 about Are you a 'professional'?
  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 about Offshore petroleum industry: amendments to environmental management regulations
  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 about Indonesian language in contracts - a strict requirement
  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  Brazil  Alliance Offices  Asia Pacific  Commercial 
• Good faith and (re)insurance contracts in the United Arab Emirates
  21/11/2013
  Read more about Good faith and (re)insurance contracts in the United Arab Emirates
  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  Brazil  Alliance Offices  Insurance & Reinsurance  Middle East  Shipping  Dispute Resolution 
• Tightening the reins on case management
  20/11/2013
  Read more about Tightening the reins on case management
  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  Brazil  Alliance Offices  Asia Pacific  Dispute Resolution 
• English Commercial Court decision erodes State immunity defence
  20/11/2013
  Read more about English Commercial Court decision erodes State immunity defence
  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  Brazil  Alliance Offices  Eastern Europe & Russia  Middle East  Dispute Resolution  Energy 
• China’s future Market Economy Status: recent developments
  14/11/2013
  Read more about China’s future Market Economy Status: recent developments
  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  Brazil  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 about Effective use of insurance policies for capital mitigation
  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  Brazil  Insurance & Reinsurance  Finance  Financial Institutions  Corporate  International Trade Regulation  Commercial 
• Sanctions Update: dealing with changes to the landscape
  23/10/2013
  Read more about Sanctions Update: dealing with changes to the landscape
  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  Brazil  Alliance Offices 
• Indonesia oil and gas - time for (another) reformation
  07/10/2013
  Read more about Indonesia oil and gas - time for (another) reformation
  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 about Full Federal Court rules that London arbitration clauses in voyage charterparties are valid and enforceable in Australia
  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 about Trouble in Suez? What if...?
  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 about Actualité – L’ Annexe environnementale au bail
  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 about Révision de la directive sur les voyages à forfait
  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 about New EU disclosure requirement for resources companies - is there light at the end of the tunnel?
  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 about Kenya Mining Update
  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 about Breaking the Glass: The UK’s plans for greater corporate transparency
  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  Brazil 
• Bribery Laws in Singapore – are you compliant?
  28/08/2013
  Read more about Bribery Laws in Singapore – are you compliant?
  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 about New regulations for AIFM
  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 about Constitution of Limitation Fund
  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 about Maritime Labour Convention comes into force
  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 about Arbitration in Australia
  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 about Central European Floods
  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 about The Southern Gas Corridor
  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 about Bribery Update: Australia
  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 about European Commission's Review of European Ports Policy
  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 about The Law of Privilege
  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  Aerospace  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 about Botched Wording Bogs Down Botswanan Mine Construction Claim
  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 about The Astra - Appeal Status and Update
  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  Brazil 
• Major New Derivatives Regulation – The Science of Compliance
  04/06/2013
  Read more about Major New Derivatives Regulation – The Science of Compliance
  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  Brazil  Eastern Europe & Russia  USA & Canada 
• Strike! The impact on shipping of industrial action at port terminals
  15/05/2013
  Read more about Strike! The impact on shipping of industrial action at port terminals
  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 about Singapore - the new player in the global LNG market
  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 about Payment of hire is a condition - an end to a charterer's ability to deduct from hire?
  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  Brazil 
• E&Y Report for EU on pools and line slips and the subscription market
  19/04/2013
  Read more about E&Y Report for EU on pools and line slips and the subscription market
  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 about An update on LIBOR claims: An alternative judicial view: Deutsche Bank v Unitech
  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  Brazil  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 about New proposals for air passenger rights announced
  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. Aerospace  London  Paris  Rouen  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 
• Hong Kong SFC recommends civil and criminal liability for sponsors
  13/03/2013
  Read more about Hong Kong SFC recommends civil and criminal liability for sponsors
  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 about The new Competition Ordinance in Hong Kong – issues for the transport & commodities industries
  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  Brazil  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 about European Commission study repeats competition concerns on pools and line slips but endorses subscription market
  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 about The incorporation and interpretation of exclusion clauses, conditions precedent and warranties in re/insurance policies under UAE law
  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 about The Law of Privilege: how it relates to P&I and Defence Clubs
  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 about EU ETS update - “stopping the clock” - where do we go from here?
  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. Aerospace  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 about Twin Towers - how many events?
  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 about Directors’ defence costs: Bridgecorp decision overturned
  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 about Basel II: Back on the agenda
  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 about Limitation of liability: landmark decision in France
  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 about LIBOR: Conspiracy claims and their impact on financial institutions and their insurers
  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 about Iran Sanctions Update: the EU implements new restrictive measures
  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 about The European Commission strikes back: the 'anti-Brosmann' amendment to the anti-dumping Regulation
  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 about The Corporate Veil: when will it be pierced?
  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 about Alarm bells for Financial Institutions and their insurers
  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 about Up in smoke: Indonesia’s upstream regulator dissolved by Constitutional Court
  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 about Australian Federal Court ruling - coastal trade
  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 about Bribery Act 2010 - SFO policy review update
  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 about Superstorm Sandy - insurance and reinsurance issues
  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 about Eurozone collapse - the legal consequences
  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 about Transport Safety Investigation Regulations
  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 about Iran Sanctions Update October 2012
  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 about Western Australia’s Mining Rehabilitation Fund
  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 about Aggiornamento Sulla Pirateria
  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 about Eurozone crisis
  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 about European Commission consults on major plans to modernise State aid
  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  Aerospace  Construction  Shipping  Ports & Terminals  Logistics  Insurance & Reinsurance  Energy  London  Brussels 
• Historic EU court ruling liberalises Commission practice
  19/07/2012
  Read more about Historic EU court ruling liberalises Commission practice
  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 about The legal and regulatory treatment of FPSOs, with a focus on limitation of liability
  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 about Liberty to invoke CONWARTIME Clause not necessarily subject to change of risk test
  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  Brazil  Alliance Offices 
• Choice of Law?
  13/07/2012
  Read more about Choice of Law?
  Clauses in voyage charters are now void in Australia. Shipping  London  Paris  Rouen  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  Mediterranean 
• Welcome to Minegolia
  09/07/2012
  Read more about Welcome to Minegolia
  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 about Safety at sea - with particular reference to piracy
  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 about Tackling carbon leakage: European Commission adopts ETS State aid guidelines
  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 about Review of the Aboriginal Heritage Act 1972 (WA)
  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 about Class Action Reform in Hong Kong
  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 about New Australian Civil and Criminal Penalties for Pollution by Shipowners, Charterers and Operators
  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 about Container Detention: Carriers 4 Cargo 0
  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 about Flight delays - time to pay
  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. Aerospace  EU, Competition and Trade Regulatory  Dispute Resolution 
• Aggiornamento sulla pirateria
  18/05/2012
  Read more about Aggiornamento sulla pirateria
  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 about ACG v Olympic Airlines - revisited
  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. Aerospace  Dispute Resolution  Mediterranean  London 
• Gentlemen's agreements versus index-linked contracts
  10/05/2012
  Read more about Gentlemen's agreements versus index-linked contracts
  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 about Increased liability limits for maritime claims adopted
  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  Brazil  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 about Argentina’s nationalisation actions causes a stir in oil markets
  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 about Piracy off Somalia
  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 about Proposed EU Regulation On Public Procurement Outside The EU: Fortress Europe
  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 about Freight forwarders cartel, applications for leniency, appeals and fines for infringing EU competition rules
  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  Brazil  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 about The Future of Australia’s Wheat Export Market
  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 about The European Commission’s decision on margin squeeze test once again confirmed by the European Court in Telefónica case
  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 about Insolvency and General Liens
  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  Aerospace  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 about Iran Sanctions Update: the EU implements the new restrictive measures announced in January, and expands the scope of pre-existing measures
  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 about A new tide
  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 about Coverage issues and D&O insurance
  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 about Off-hire, the CONWARTIME and Punctuation Marks
  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 about Licensing the armed guards
  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 about Come fly with me: recent developments in EU airport regulation
  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  Aerospace  London  Brussels 
• Tender Rules: New Proposals - The European Commission proposes to reform EU procurement law
  26/03/2012
  Read more about Tender Rules: New Proposals - The European Commission proposes to reform EU procurement law
  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 about Taux d’imposition applicables aux cessions de valeurs mobilières ainsi qu’aux perceptions de produits de placement à compter du 1er Janvier 2012
  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 about Charterers face liability for oil pollution from vessels under new Australian federal legislation
  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 about Aggiornamento Sulla Pirateria
  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 about Myanmar - open for business
  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 about Indonesian mining law
  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 about The EU ETS: airline surcharges and antitrust law - a case of déjà vu
  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. Aerospace  EU, Competition and Trade Regulatory  International Trade Regulation  Dispute Resolution  London  Brussels  Dubai 
• UNIDROIT Draft Space Assets Protocol
  02/02/2012
  Read more about UNIDROIT Draft Space Assets Protocol
  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 about The PPSA - Ready steady Go
  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 about Iran Sanctions Update: the EU announces new restrictive measures
  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 about Syria Sanctions Update: EU imposes new restrictions
  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 about EU Emissions Trading Scheme becomes reality for airlines
  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). Aerospace  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 about State control does not constitute significant State interference
  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 about Update on Australian Shipping Reform: Navigation and Coastal Trading Bills
  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 about Mining Seminar discusses finance options in the sector
  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 about The UNFCCCs Durban platform explained
  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 about Shipping emissions
  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 about HFW & Ulgener Law Office cover key issues in shipping and trade at seminar
  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 about Gas and electricity market regulation
  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 about Iran sanctions update
  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 about Aggiornamento sulla pirateria
  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 about CONWARTIME 2004 - Was the long way round the wrong way round
  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 about Significant Australian judgment impacts voyage charterparties
  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 about Warning to Australian directors & officers
  "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 about Thailand Flooding Insurance Ramifications
  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 about Singapore Courts continue to support arbitration
  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 about Armed Guards
  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 about ASX proposes revamp of disclosure obligations imposed on mining and oil and gas companies
  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 about Australian shipping industry reform
  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 about Aggiornameto sanzioni Libia e Siria
  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 about Wheat export regulation The end is nigh
  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 about Dubai World Tribunal - Nakheel Claims
  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 about Syria Sanctions: EU Follows US Ban On Oil Imports, And Expands List Of Designated Persons
  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 about No blame game - at a price
  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 about Personal Property Securities Act 2009: Overview and implications for commodities trading
  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 about UK riots
  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 about Crown immunity and sovereign immunity in Hong Kong - 10 key points
  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 about IMO creates mandatory emissions reduction regime
  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  Brazil  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 about Supreme Court Jivraj v Hashwani decision
  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  Brazil  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 about Australia tackles climate change
  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 about Australian 2010 2011 weather event losses
  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 about An apprehension of apparent bias
  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 about Pirateria
  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 about Iran Sanctions Iranian ports operator designated
  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 about Business rates Relief for ports
  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 about UK Bribery Act
  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 about Next steps for simplifying the CRC energy efficiency scheme
  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 about Resolving construction disputes - recent developments
  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 about Joint interest privilege between joint venture parties
  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 about Bribery Act 2010
  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  Brazil  Alliance Offices 
• E-Privacy - New laws to force company website overhaul
  15/06/2011
  Read more about E-Privacy - New laws to force company website overhaul
  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 about Actualite - sols pollues: statut responsabilites
  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 about Actualite-des-sanctions economiques internationales
  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 about The latest on stolen carbon credits
  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 about Risky business - international mining investment and the risks of political intervention
  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 about Scottish Court rules that compensation is payable in pleural plaques cases
  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 about Business rates - Are you paying someone else’s business rates bill
  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
  Read more about Are you a victim of stolen carbon credits
  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
  Read more about Letters of credit: liabilities of issuing banks
  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
  Read more about UK Supreme Court unanimous in dismissing appeals
  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
  Read more about Solar energy
  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
  Read more about Giappone - Terremoto/Tsunami/Rischi di radiazioni e tracollo dell’ impianto nucleare di Fukushima
  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
  Read more about Disasters in Japan - the impact on shipping
  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
  Read more about Disasters in Japan - the impact on commodities
  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
  Read more about Aggiornamento sulle Sanzioni nei confronti della Libia
  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
  Read more about Sanctions update - Libya
  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
  Read more about I recenti conflitti civili in Egitto, Libia e Medio Oriente
  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
  Read more about New guidelines on agreements with competitors
  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
  Read more about Unrest in Egypt, Libya and the Middle East
  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
  Read more about Egypt protests: issues for shipping
  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
  Read more about UCP600
  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
  Read more about Piracy Update
  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  Brazil  Alliance Offices 
• WTO (Chinese language)
  26/01/2011
  Read more about WTO (Chinese language)
  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
  Read more about European advance cargo declaration regime
  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. Aerospace  Logistics  Shipping  Dispute Resolution  London  Brussels  Paris  Rouen  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  Mediterranean 
• Sanctions update: Iran
  20/01/2011
  Read more about Sanctions update: Iran
  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
  Read more about Sanctions update: Côte d’Ivoire
  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
  Read more about CISADA Iran Sanctions
  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
  Read more about Cancellation of liability to backdated business rates
  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
  Read more about CRC Government Phase 2
  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
  Read more about Multimodal Cargo Security
  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  Aerospace  Shipping  EU, Competition and Trade Regulatory  USA & Canada  London 
• European Commission publishes consultation on State aid rules for shipbuilding
  03/11/2010
  Read more about European Commission publishes consultation on State aid rules for shipbuilding
  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
  Read more about Iran sanctions update: the new regulation
  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  Aerospace  Mining  Finance  Commercial  International Trade Regulation  London  Paris  Rouen  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  Mediterranean 
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