The threat of piracy, deviation and Conwartime 1993 - war risk ruling to be reassessed
December 2011 | This article considers the recent decision in Pacific Basin IHX Limited v Bulkhandling Handymax AS [2011] EWHC 2862 (Comm) in which the English Courts were asked to decide, on appeal under section 69 of the Arbitration Act, the correct approach to the interpretation of sub-clauses 1 and 2 of the CONWARTIME 1993 clause. |
When does piracy constitute a total loss?
October 2011 | The threat and actual taking of vessels as a result of piracy continues to be a prominent and regular feature in the maritime industry, and one which brings with it a number of practical and legal challenges. |
Pirates: Enemies of the human race
April 2011 | Certain crimes attract the label of international crimes. Arguably the first such crime to be recognised as such was that of the ancient scourge of piracy. In international law pirates have long been categorised as hostes humani generis: enemies of the human race. As enemies of the human race the requirement to fight piracy is one of the oldest constructs in international law. |
Piracy and chartering clauses
March 2011 | This talk covered a number of the standard and bespoke piracy clauses which contractually address the risk of piracy in charterparties and the interpretation of the same. (View presentation slides) |
Public policy and the payment of ransoms - Masefield AG v Amlin Corporate Member [2011] EWCA Civ 24
March 2011 | In February 2010 the Commercial Court gave judgement in the matter of the Bunga Melati Dua, a tanker captured by Somali pirates whilst en route between Malaysia and Rotterdam. |
Is a vessel chartered on NYPE terms off-hire as a result of detention by pirates?
August 2010 | This article considers the recent decision in Cosco Bulk Carrier Co. Ltd and Team-Up Owning Co. Ltd in which the English Courts were asked to decide if a vessel chartered on the NYPE form remained on hire as a result of detention by piracy or whether such detention would trigger the off-hire provisions of the charter. In finding that charterers remain responsible for the payment of hire, the Court has brought into sharp focus the need for owners and charterers to consider the risk of delay which may be encountered when transiting known piracy corridors and who should be responsible for any delay occasioned as a consequence of detention by an act of piracy. |
Piracy - The legality of ransom payments (Masefield AG and Amlin Corporate Member Ltd)
May 2010 | The release of a vessel detained by pirates often involves the payment of a ransom by the owners of the vessel to those responsible for its detention. Whilst such payments may be considered a commercial necessity in light of the relatively high value of the ship and its cargo, and not forgetting the safety of the crew, a recent issue has been whether such payments are contrary to public policy and therefore illegal. The purpose of this article is to discuss the much welcomed judgment by the English court which provides owners with a degree of moral and legal comfort that their actions in making such payments will not later be deemed illegal by the courts. |