American Association for Justice’s Post

New U.S. Supreme Court decision recognizing enforceability of choice-of-law clauses in maritime contracts, subject to narrow exceptions The U.S. Supreme Court held on February 21, 2024 that “choice-of-law provisions in maritime contracts are presumptively enforceable as a matter of federal maritime law, with certain narrow exceptions.” Great Lakes Ins. SE v. Raiders Retreat Realty Co., LLC, 217 L.Ed.2d 401, 413 (U.S. 2024). The Supreme Court’s decision promotes uniformity and predictability in the interpretation and implementation of maritime contracts. https://lnkd.in/dv_eK7e4

Whenever the mainstream media writes a story about a marine disaster, they always refer to maritime laws as “ancient” or “archaic.” I started my legal career as a maritime lawyer, litigating cargo claims, so I know a “couple three things” about it, as Phil Leotardo would say. International maritime laws have been around since cargo ships have been plying trade routes, and have been encoded since the 10th century BCE. Maritime laws evolved out of ancient trade customs that evolved to provide an equitable and practical means of sharing the risks of the sea between the cargo owners and the ship owners. One of those maritime principles is called “general average.” It means that if some cargo is lost at sea, or must be dumped in order to save the ship, the owners of all the cargo must share proportionally in the loss. Another principle is called “limitation of liability.” This enables a ship owner to limit its liability for a loss to the total value of the ship. When backed by insurance, these maritime principles — and others— enable both shippers and shipping companies to survive large losses. All of these maritime laws are encoded in the laws of the United States and most countries actively involved in international trade. I’m a grumpy old lawyer, and I know stuff. https://lnkd.in/eqAJ4nNZ

"What on earth do you mean I can't sue the solvent parties not named in the letter of indemnity?!?!" 🚩 "Point of Law" - Post 100: even if this judgment's just not cricket, in the eyes of some, hurrah to my first century! 🏏 The "Xing Zhi Hai" [2024] EWHC 2371 (Comm) - A.K.A. jolly rotten bad luck dear boy getting knocked out on your LOI claim after such a strenuous bout! 🥊 Where the named charterer in a voyage charterparty who also issued an LOI, as requestor to the shipowner to delivery the cargo without presentation of the bills of lading, later became insolvent after a claim for misdelivery of the cargo was pursued against the shipowner, the shipowner was unable to sue the solvent shippers of the cargo and their agents as the undisclosed principals to the LOI. ⚠ There are two important lessons to learn from this cautionary tale of woe: 🎻 The first lesson is that if you want a party to be liable to you under an LOI, you need that party to be named in and to sign on the dotted line of the LOI. 👍 What is the second lesson? 🤔 The best answer will be hand picked by me, and you will be lionised for your legal prowess! 🎖 So, what else could possibly go wrong and how would you fix it? 💡 Over to you! ✍

"With the Red Sea Crisis continuing to unfold, Rosie Goncare, partner in the marine, trade and energy team, at law firm Hill Dickinson, and Reema Shour, senior knowledge lawyer at Hill Dickinson, discuss the legal implications of the crisis. They highlight the rights of the shipowner/carrier, and what carriers should know in case they face the risk of being unable to fulfil their shipping contracts" #redseacrises #suez #shipowner #ship #ships #shipping https://lnkd.in/eBuHgSi6

Claims for vessel repair costs, dock charges, and associated expenses leading to right of arrest of the vessel are governed by international conventions, including the 1952 Brussels Convention and the 1999 Geneva Convention, as well as national laws. Particularly, these claims are recognized in Vietnam's 2015 Maritime Law. At ANHISA, we recently provided legal assistance to a repairer in a case where the contracting party defaulted, and the vessel owner threatened legal action. Our team facilitated a negotiation that enabled the repairer to recover part of the costs while ensuring the vessel owner could retrieve their vessel. 🔗 Read more to see how our expertise can support you in navigating ship arrest and repair claims effectively. https://lnkd.in/gjw6AS_3 #ANHISA #shipping #law #ship #legaladvice #legalservice #maritimelaw #P&Iclubs #settlements #shippingindustry #shippinglaw #maritimedisputes #vietnameseshipping #vietnameselaw #vietnamlegal #vietnamlaw

Did you know? In U.S. maritime law, if a person is injured or tragically loses their life due to negligence on a cruise ship or at sea, their family may be able to pursue legal action under the Death on the High Seas Act (DOHSA). This law applies when the incident occurs beyond 3 nautical miles from the U.S. shore and is designed to provide compensation for the financial losses suffered by the surviving family members. Have you ever wondered how maritime laws protect passengers and crew members? Comment below or contact us by calling (866) 386-1762 or visit our website https://lnkd.in/ekpYgjgT  to learn more about your legal rights if you or a loved one has been impacted by a maritime injury or wrongful death. #MaritimeLaw #PersonalInjury #WrongfulDeath #CruiseShipInjury #FridayTrivia #KnowYourRights

Claims for vessel repair costs, dock charges, and associated expenses leading to the right of arrest of the vessel are governed by international conventions, including the 1952 Brussels Convention and the 1999 Geneva Convention, as well as national laws. Particularly, these claims are recognized in Vietnam's 2015 Maritime Law. At ANHISA, we recently provided legal assistance to a repairer in a case where the contracting party defaulted, and the vessel owner threatened legal action. Our team facilitated a negotiation that enabled the repairer to recover part of the costs while ensuring the vessel owner could retrieve their vessel. 🔗 Read more to see how our expertise can support you in navigating ship arrest and repair claims effectively. https://lnkd.in/gjw6AS_3 #ANHISA #shipping #law #ship #legaladvice #legalservice #maritimelaw #PandIclubs #settlements #shippingindustry #shippinglaw #maritimedisputes #vietnameseshipping #vietnameselaw #vietnamlegal #vietnamlaw

In today’s globalized world, the marine industry plays a crucial role in international trade and transportation. However, with the complexity of maritime laws and the inherent risks involved, disputes and accidents are inevitable. When facing issues related to marine claims in Vietnam, it is essential to have the assistance of a professional marine claim lawyers in Vietnam. #Marineclaimlawyers #LegalcounselsinVietnam #LawservicesinVietnam

From ancient Phoenician law to the Titanic and other maritime laws, will the financial risk be lowered or shared? Does your organization take these laws into account if providing a shippable product? #riskmanagement

The impacts of Section 27 of the Merchant Marine Act of 1920, today commonly referred to as the Jones Act, are often debated in maritime circles. But the well-known U.S. law, which requires vessels that transport goods between U.S. ports to be American-built, -flagged, -owned and -crewed, hasn’t always been a hot button issue, according to Charlie Papavizas, author of a new book on the subject, Journey to the Jones Act: U.S. Merchant Marine Policy 1776-1920. #maritime #shipsandshipping #JonesAct