Posts By: Admin

Contractual Time bars

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Davies Johnson’s Nico Saunders explores some recent decisions on time bar clauses in a shipping context.   Introduction Charterparties frequently contain clauses requiring claims to be presented within a limited period and purporting to bar claims which are not presented in time. For example, it is common for voyage charterparties to provide for demurrage claims... Read more »

SWITCH BILL OF LADING ISSUES: A BRIEF OVERVIEW

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Davies Johnson’s Nico Saunders and Henry Stockley summarise the legal and practical consequences associated with the practice of issuing switch or split bills of lading. Introduction By way of simple summary of industry practice, upon shipment of a cargo a bill of lading is issued to the shipper who, once they receive payment, transfers the... Read more »

Continuity of service during the COVID-19 situation

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To all of our clients, colleagues and friends,   We would like to reassure you that Davies Johnson remains open for business during the COVID-19 coronavirus outbreak.   Working from home is being implemented widely, but our lawyers are contactable on the usual phone numbers and email addresses and these channels will remain unaffected for... Read more »

Recent decisions on the Inter-Club New York Produce Exchange Agreement 1996 (the “ICA”)

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Davies Johnson’s Nico Saunders examines some recent decisions, and their significance for claims handled under the ICA.   Introduction The ICA is designed to facilitate settlement of cargo claims as between Owners and Charterers, to avoid arbitration and protracted discussion by providing a more or less mechanical apportionment of liability depending on the nature of... Read more »

International Trading Disputes – Enforcement of Foreign Arbitration Awards and Underlying Illegality

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Davies Johnson’s Simon Church considers the recent decision of the Court of Appeal in RBRG TRADING (UK) LTD V SINOCORE INTERNATIONAL CO LTD [2018] EWCA Civ 838 regarding enforcement of a China Arbitration Award issued by CIETAC. Background The claim concerned a shipment of 14,500 MT rolled steel coils which the Appellant, RBRG, had agreed... Read more »

When is Management of Cargo in fact Management of the Vessel?

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Davies Johnson’s Simon Church discusses the recent decision of the Commercial Court in CLEARLAKE SHIPPING PTE LTD v PRIVOCEAN SHIPPING LTD on the scope of the exception to Owners’ liability for neglect or default of the Master in “management of the ship”. The Facts Under a Time Charterparty on the NYPE 1946 Form, and incorporating... Read more »

Davies Johnson expands into Switzerland

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Davies Johnson is delighted to announce the launch of its Swiss office, based in Geneva. The expansion into Switzerland is a natural progression for Davies Johnson, building on its core shipping, international trade and commercial team in the UK. We welcome on board two lawyers who bring with them a wealth of varied experience, and... Read more »

Guidance on safe ports – THE OCEAN VICTORY

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Kashima’s long wavelengths and severe northerly winds combined in the loss of OCEAN VICTORY (Photo copyright: MS3866 at http://forum.shipspotting.com)   The Supreme Court has given its long-awaited judgment in this US$170 million case concerning the total loss of a capesize bulk carrier in 2006. This note focusses on the circumstances in which weather and similar... Read more »

Danella Wilmshurst, Best Lawyer Recognition, Australia

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Davies Johnson’s Danella Wilmshurst has been recognised by legal peers and industry experts as a leader in the field of Shipping & Maritime Law. Danella, a Director of the firm, was recently named in Best Lawyers Australia for her work in this area. Best Lawyers’ methodology is based entirely on peer review and is designed... Read more »

Davies Johnson Expands into Australasia

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Davies Johnson is delighted to announce that its specialist maritime and logistics legal services will now be available to clients throughout Australia, New Zealand and the region. The unveiling of the firm’s Australian venture was hailed by Davies Johnson CEO, Peter Jackson, as a turning point in marine legal services in the region. “Australia’s marine… Read more »