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A recent court ruling confirms the court’s power to order the sale of #cargo to preserve assets in urgent situations. In this case, a shipowner sought to sell perishable cargo after charterers failed to pay freight, risking deterioration. The court applied Section 44 of the Arbitration Act 1996, allowing for asset preservation in support of arbitration. This decision reaffirms the strength of shipowner liens and the court's ability to act quickly when cargo is at risk. Read this week's #Baltic feature👇 https://ow.ly/rvSK50UBLXZ #Court #Shipping #Maritime #Law #Legal

Attorneys Julie Elise Maurer, Carlos Rodriguez, and Julia Bonestroo Banegas share an update on Baltimore's Key Bridge Collapse... Court proceedings have begun to determine liability for the M/V Dali incident. Owners Grace Ocean Private Limited and managers Synergy Marine PTE LTD filed a petition for exoneration or limitation of liability. Under the Limitation Act, the exact amount of liability is not determined yet, but the interim stipulation for value and stipulation for costs under the act has been accepted by the court for $43,670,000. In Part II of our series, learn more about the Limitation Act and next steps for cargo interests: https://ow.ly/32lV50RcKgU #BaltimoreBridge #oceantransportation #supplychain

Ever wondered how a seemingly simple contract needs adjustments when crossing the Atlantic? Our team has extensive experience in drafting, localizing, and negotiating contracts for both EU and US companies. Did you know about these key differences? - Warranty Disclaimers: Stronger disclaimers are generally favored in the US. - Force Majeure Clauses: "Acts of God" might not translate directly in the EU. - Liquidated Damages: These are more common and enforceable in the US. Share your experiences in the comments! 🤔 #TransatlanticLaw #Contracts #InternationalBusiness

When it comes to the transportation of cargo, things aren’t always plain sailing. If the cargo is damaged, contaminated or lost during its voyage, disputes can arise and quickly transform into costly claims. At SMA, our expert legal team has dealt with all manner of cargo claims. Through this vast experience, we have sharpened our skills in this often-complex area to take on high-value work for a growing body of international clients, including but not limited to defending arbitration or foreign forum choice changes. See how we can help: https://bit.ly/3KEd8I2 #CargoClaims #ShippingLaw #MaritimeLaw

JUST LAUNCHED: Legal 500's Country Comparative Guide for Shipping This guide offers a practical overview of shipping law across multiple jurisdictions, covering key issues like state control, conventions, arrest/detention, bills of lading, and liability limitations, along with expert insights on common challenges in the industry. With special thanks to Edward Gray of MFB for expertly crafting the Q&A template. Explore Legal 500's Shipping Country Comparative Guide here - https://ow.ly/GpuL50UETBE #Legal500 #LegalGuides #ShippingLaw #MaritimeLaw #LegalInsights #InternationalShipping #LegalComparative #ShippingIndustry #LegalAdvice #ShippingGuide #MaritimeIndustry #LegalProfession

In cases of accidents, vessel owners may apply for limitation of liability for any loss or damage that occurs during the ship’s operation. Under international and national shipping legislation, it is possible for owners to limit their liability up to a maximum sum and mitigate the risk of financial damage from potential claims. Whether you are a vessel owner or insurer, the impact of these claims can be particularly damaging and have a ripple effect through your business. Here at SMA, our shipping law experts possess a thorough understanding of the Limitation of Liability rules and how they can be applied to damages related to casualties involving vessels. Learn more: https://bit.ly/3HBsDid

The Court has held that shipowners could not recover damages for late redelivery of vessels under the charterparties because they had agreed with the prospective buyers of the vessels under the memoranda of agreement not to charter the vessels out following redelivery. In their article, Timon Karamanos and Vassilis Mavrakis discuss the decision, which reflects the compensatory principle of damages under English law. Learn more: https://lnkd.in/gmvBjX8F #Shipowners #MarineLaw #MaritimeLaw

https://lnkd.in/dDNTmTWd #freightthinkfriday On July 22, 2024 the FMC (Federal Maritime Commission) published its Final Rule on Unreasonable Refusal to Deal. For International BCO’s and the many talented professionals who run supply chains across this country, we are coming up on the 3 year anniversary of perhaps the challenging shipping period in our careers post-Covid. As consultants to shippers, we’re often asked about the statute of limitation regarding look-back on MQC short-fall, egregious ocean freight charges, and container detention/demurrage fees incurred between September 2021 and May 2022. In most cases, our clients are still very frustrated about what happened nearly 3 years ago, but don’t know what they can do about it now. As a response to this question, we want to share some free advice and a few contacts who can help. The organizations below are great professional resources we have come to trust. They have the experience and expertise to support you. For us, we want our clients to be assured they were not unfairly or even illegally affected by VOCC maritime practices.  In most cases, there is no out-of-pocket expense and at minimum your knowledge of VOCC requirements going forward are improved. Trusted companies: Huth Reynolds LLP – Legal representation McCarter & English, LLP – Legal representation Trans Audit, Inc. – Filing and recovery If you’d like a free evaluation and introduction, please contact us at: info@freightthink.com www.freightthink.com

1. Does referencing terms and conditions in electronic communications satisfy incorporation requirements under the United Nations Convention on Contracts for the International Sale of Goods (CISG)? 2. Should the court consider the sophistication of the parties and the context of their negotiations? 3. Can the lack of explicit incorporation language override a reasonable opportunity for the other party to access and understand the terms? Those are the issues to be addressed when the Seventh Circuit decides Garage Door Systems LLC v. Blue Giant Equipment Corp. Blue Giant Equipment Corp. and Garage Door Systems LLC engaged in a series of transactions for dock levelers. The dispute arose over whether Blue Giant’s standard terms and conditions, referenced in emails and order acknowledgments, were incorporated into their contracts. The terms included significant provisions like arbitration in Ontario and liability limitations. The district court ruled against Blue Giant, stating that the terms and conditions were not clearly incorporated into the contracts. On appeal, Blue Giant argued that their repeated references and the accessibility of the terms via a provided link were sufficient for incorporation. Garage Door Systems countered, emphasizing that repetition does not equal clarity. The CISG is below and the oral argument is in the comments. Dan Cotter and I will discuss the case in the arbitration segment of the next episode of the Podium and Panel Podcast that will be released on Sunday (1/26). Regula 9(d)(2) emendanda est #law #lawyers #appeals #attorneys #civilprocedure #arbitration

"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! ✍