Marine News - July 2018

Welcome to our marine newsletter for July 2018. In this edition, we look at a series of recent court decisions of interest to many actors in the maritime sector and examine FOSFA's revised Arbitration Rules, as well as at the advantages of mediation over costly litigation. We also review recommended preventative measures released by the US Department of Homeland Security and the FBI, in light of recent Russian cyber-attacks on organisations in various sectors, including marine.

Russian Cyber Threats on Energy, Marine and Aviation Sectors

On March 15, 2018, the Department of Homeland Security (DHS) and the Federal Bureau of Investigation (FBI) released a joint Technical Alert on Russian government cyber activity targeting organizations in the energy, marine, aviation and other manufacturing sectors. This Technical Alert seeks to educate network defenders and enhance their ability to identify and reduce exposure to malicious activity. Read more.

Mediation - A Legitimate Reason for Court Avoidance

Not every shipping dispute needs to end up in costly litigation. For companies wishing to maintain a commercial relationship, mediation provides a viable and increasingly popular alternative. The features that make it attractive include: speed of process; comparative lower cost; privacy and confidentiality; flexible procedures; relationship preservation; and ultimately, a good settlement success rate. Read more.

Changes to the FOSFA Arbitration Rules from 1 April 2018

Following on from their review of the standard form Oilseed and Soyabean contracts at the end of last year, the Federation of Oils, Seeds and Fats Association (FOSFA) has published revised Arbitration Rules (the 2018 Rules). The 2018 Rules will apply to disputes arising out of contracts incorporating FOSFA arbitration entered into from 1 April 2018 onwards. Read more.

"MARIA" - Court Provides Clarification on Inter-Club Agreement

This case was an appeal on a question of law, under s.69 of the Arbitration Act 1996, regarding the interpretation of a provision in the Inter-Club New York Produce Exchange Agreement (ICA) and the corresponding distribution of liability between owners and charterers for a cargo claim. The key issue was the meaning of "similar amendment making the master responsible for cargo handling" in clause (8)(b) of the ICA. Read more.

"BALTIC STRAIT" - Who is Entitled to Sue for "Full Damages" in Respect of Cargo Damage?

It is not unusual for a seller of goods to raise a...