Shipping & Maritime

The Global Reach of the English Courts Orders

Nicholas Parton

For over 20 years the English courts have had the power to make numerous orders in support of proceedings taking place in European Union and Lugano Convention countries (essentially European countries that decided not to join the European Union, such as Norway and Switzerland).

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Limitation and Arrest Regimes in Far East Jurisdictions

Richard Lovell

John Simpson

When it comes to pursuing claims following a major maritime casualty, a claimant can have a great many options. Forum shopping has been a longstanding practice – particularly in the Far East where there are significant differences between competing jurisdictions. Any prudent shipowner will seek to gain maximum advantage from those differences, wherever possible. But what factors should the would-be shopper take into account and what are the options available? Richard Lovell and John Simpson of Ince & Co’s Singapore office explore some of the issues and examine them in the context of various Far East jurisdictions.

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New Pollution Regulation Under the Canada Shipping Act

Michael J Bird

M Clete Purcell

On 1 July 2001, the Canada Shipping Act 2001 (CSA 2001) replaced the Canada Shipping Act (CSA) as the primary legislation governing marine transport, pollution and safety, but it did not come into force until 1 July 2007, when certain regulations to clothe the statute also came into effect. The old CSA was initially based on the British Merchant Shipping Act of 1894 and was amended over the years on an ad hoc basis.

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The Less Than Almighty Dollar: or Why US Arbitrators Should Consider Awards of Damages in a Foreign Currency

Jeremy Harwood

It is said that the general principle in awarding damages for breach of contract is to compensate the injured party for its loss and not for the gain, if any, to the defendant.

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Editorial: Shipping & Maritime

This is the first time we have featured a chapter focusing on shipping and martime lawyers, and we identify 295 lawyers practising in 40 countries. Shipping law carries a broad definition, demanding expertise in many different areas, hence the predominance of specialised firms that are able to offer a range of services, often in multiple jurisdictions – a valuable asset in a market that is necessarily international in scope and where cross-border disputes are commonplace. In addition to lawyers offering traditional litigation and transactional profi-ciency, many mediators and arbitrators have come to the fore owing to the increasing popularity of alternative methods of dispute resolution in this booming practice area.

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Editorial: Shipping in Florida

Shipping and maritime law is, by its very nature, a broad practice. In essence it is a collection of legal matters that only occur at sea, or involve the maritime industry or those using its services. Our research uncovers 20 individuals from nine firms, all extolled for their work on a variety of matters of shipping and maritime law. They work on issues relating to charter-parties, contracts for carriage of goods and cargo claims to collisions, salvage, products liability and personal injury cases. A number of shipping lawyers, who specialise in non-contentious work, also appear, acting for financiers, shipyards and owners on complex financial arrangements.

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Editorial: Shipping & Maritime in Singapore

Singapore is the busiest port in the world in terms of shipping tonnage, receiving an average of 140,000 vessel calls per year. In 2004, total vessel arrivals for the year, again in terms of tonnage, reached 1.04 billion gross tons, and it is also a world leader for container trans-shipment according to the Maritime and Port Authority of Singapore. As such, it is unsurprising that Singapore is a major centre for shipping law expertise, and our research picks out 23 individuals from 15 firms who lead in the finance, contentious and non-contentious sides of shipping law.

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