UNCTAD training course: implications of the COVID-19 pandemic for commercial contracts – International Sale of Goods on Shipment Terms and Carriage of Goods by Sea



IISTL Member, Professor Simon Baughen will be part of a team delivering UNCTAD’s forthcoming four-day virtual training course https://unctad.org/meeting/unctad-training-course-implications-covid-19-pandemic-commercial-contracts-international

The course will focus on the implications of the pandemic for some of the key commercial contracts in international shipping and trade, in particular contracts for the international sale of goods on Shipment Terms CIF and FOB and carriage of goods by sea under charterparties and bills of lading.

Each course consists of four daily sessions (am or pm CEST), covering: international sale of goods on CIF and FOB terms and related payment mechanisms; time and voyage charterparties; specialist standard form ‘pandemics’ clauses and force majeure clauses; bills of lading and related cargo claims, including special considerations applicable in the context of charterparty bills.

The course  will be offered on four occasions, to enable broad participation and accommodate participants in different time-zones.

03 – 06 May:      9:30 – 13:00 CEST – for participants in Asia, Africa, Europe

10 – 13 May:    15:00 – 18:30 CEST – for participants in Americas, Africa, Europe

16 – 19 May:    15:00 – 18:30 CEST – for participants in Americas, Africa, Europe

07 – 10 June:     9:30 – 13:00 CEST – for participants in Asia, Africa, Europe
 

IISTL Professor’s UNCTAD Report on “Legal and Practical Implications of Covid-19” Is Out

“CONTRACTS FOR  THE CARRIAGE OF GOODS BY SEA AND MULTIMODAL  TRANSPORT KEY ISSUES ARISING FROM THE IMPACTS  OF THE COVID-19 PANDEMICA” is now available at https://www.google.com/url?q=https%3A%2F%2Functad.org%2Fsystem%2Ffiles%2Fofficial-document%2Fdtltlbinf2022d1_en.pdf&sa=D&sntz=1&usg=AFQjCNGYpOUVQNY4G-u7Vkox_kWvDs8Nkw

This is a report for the United Nations Conference on Trade and Development and was  prepared by  Professor  Simon  Baughen,  with contributions  by  Regina Asariotis  and  Anila  Premti,  Policy  and Legislation  Section,  Trade  Logistics  Branch,  Division  on  Technology  and  Logistics  of  UNCTAD. The report forms  part  of  the  ‘International commercial transport  and  trade  law’  component of the  UN Development Account project (UNDA  2023X)  project on “Transport and trade  connectivity  in the  age  of pandemics”.  

This report examines some  of  the  key legal issues  arising from  the  pandemic  as  they  affect  contracts  for the  carriage  of  goods  by  sea, multimodal  contracts  of  carriage  that  (may)  involve  carriage  by  sea,  as well as voyage  and time  charters. 

Happy New Year!

It has been a challenging and in many ways difficult year for us all! But, the Institute of International Shipping and Trade Law has continued its activities doing what it does best: publishing academic work, organising events and contributing to the development of law and policy.

We would like to wish all of our friends, colleagues and followers a happy new year and we hope everyone safely enjoy the festive season! It is our expectation that 2021 will be a better year for us all!

IISTL Celebrating Its 20th Anniversary with Sir Peter Gross!

This year we are celebrating our 20th anniversary! Yes it has been 2 decades since the foundation of the IISTL in 2000 by Professor DR Thomas! The current Director Professor Soyer on behalf of every IISTL member and the School of Law wishes to invite you to join us to celebrate this great occasion that also coincides with our University’s Centenary!

7 December 2020 at 6.00 pm (online)

Book your place online: https://lnkd.in/daRxurN

Ship Operations- New IISTL Book Out

Delighted that our new book “Ship Operations- New Risks, Liabilities and Technologies in the Maritime Sector” has just been released by Informa Law.

This book covers all the major topics associated with ship operations. Part I offers a detailed and critical analysis of issues of contemporary importance concerning new liability regimes and developments. Part 2 discusses how parties, in particular ship operators, attempt in contemporary practice to allocate their risks concerning ship operations by utilizing contractual mechanisms.

Apart from members of the IISTL namely Dr Leloudas, Professors Baughen, Rainey QC, Sozer, Soyer, Tettenborn and Williams, the following excellent authors contributed to this book: Professor Ringbom, Professor Cachard, Mr Macfarlane, Mr Hunter, Associate Professor Stevens, Sir Bernard Eder, Mr Martin and Mr Weale.

The book provides an invaluable guide to recent legal and practical developments and offers a comprehensive, well-informed and thoroughly practical guide on what is a very complex and developing area of law. It will therefore be of great use to legal practitioners and administrators of ship operations worldwide, as well as students in this area and academics associated with maritime law generally.

IISTL Member (Simon Rainey QC) Has Argued in Historical Collision Case

Evergreen Marine (UK) Limited (Appellant) v Nautical Challenge Ltd (Respondent)

This is the first collision case to reach the highest court on land since 1976. This appeal concerns the International Regulations for Preventing Collisions at Sea 1972, as amended (“the Collision Regulations”). The issues in the appeal are:

(1) The proper construction of the Collision Regulations. In particular whether the crossing rules are inapplicable, or whether they should they be disapplied where an outbound vessel is navigating within a narrow channel and has a vessel on her port (or starboard) bow on a crossing course approaching a narrow channel with the intention of and in preparation for entering it.

(2) On the proper construction of the Collision Regulations, in determining whether the crossing rules are applicable, whether there is a requirement for the putative give-way vessel to be on a steady course before the crossing rules can be engaged.

Facts

This appeal concerns a collision at sea between the appellant’s vessel (“EVER SMART”) and the respondent’s vessel (“ALEXANDRA 1”). The collision took place on 11 February 2015 just outside the dredged channel by which vessels enter and exit the port of Jebel Ali in the United Arab Emirates. ALEXANDRA 1 was inbound; EVER SMART was outward bound. The damage suffered by ALEXANDRA 1 amounted to over US$9.3 million and the damage suffered by EVER SMART amounted to over US$2.5 million.

The Admiralty Court determined that the appellant’s vessel, EVER SMART, should bear 80% of the liability for the collision and the respondent’s vessel, ALEXANDRA 1, should bear 20%. The judge held that the crossing rules (Rules 15-17 of the Collision Regulations) did not apply and therefore that ALEXANDRA 1 did not navigate in breach of Rule 16, the crossing rule which was said by the appellant to have applied to the ALEXANDRA 1. The Court of Appeal dismissed the Appellant’s appeal [2018] EWCA Civ 2173. The Appellant now appeals to the Supreme Court.

Damage to Alexandra 1’s bow

Arbitration Enforcement and Jurisdiction in a Commercial Setting: Anglo, Euro and Chinese Perspectives – An International Seminar (21 February 2020) in London

To register please follow:

https://www.eventbrite.co.uk/e/arbitration-enforcement-and-jurisdiction-in-a-commercial-setting-tickets-82597672863

English law and jurisdiction are commonly used in relation to shipping, insurance and other trade contracts. Nevertheless, commercial law is overwhelmingly transnational in character; delicate questions of interaction are unavoidable between choice of law, jurisdiction and arbitration clauses on the one hand, and the activities of courts and arbitrators in other jurisdictions on the other.

This is particularly true of cases with a connection to China, London, Singapore and New York arbitrations very frequently involve Chinese parties, or other parties with assets or accounts in China; how such awards can be transformed into hard cash is a top concern of any lawyer involved with them. Similarly, the European ‘torpedo action’ aimed at preventing claimants suing in their own, or indeed their chosen, jurisdiction is well-known worldwide and deserves a thorough examination.

To this end, HFW and Swansea Law School’s Institute of International Shipping and Trade Law, a top law firm and law school for shipping and commercial law, have teamed up with the China-Europe Commercial Collaboration Association to offer a one-day seminar on arbitration and jurisdiction in the commercial context, with particular reference to developments in the UK, China and Europe.

The following topics will be discussed at the event:

  1. The recognition and enforcement of foreign arbitral awards in China
  2. The recognition and enforcement of foreign arbitral awards in Turkey
  3. Recognition and enforcement of interim arbitral awards in Germany
  4. European “torpedo actions”; the present position and possible future developments.
  5. How to ensure that agreed jurisdiction clauses are honoured in shipping contracts.
  6. The approach of the English courts to appeals from arbitration awards on jurisdictional grounds.
  7. The Impact of Brexit on maritime disputes and dispute resolution.
  8. The impact of cultural differences on the effect of evidence
  9. Public policy exception and enforcement of arbitration awards – a comparative approach
  10. China International Commercial Court – Construction of Arbitration Clauses

Speakers and chairpersons include:

  • Professor Lia Athanasiou, National and Kapodistrian University of Athens, Athens
  • Professor Simon Baughen, Institute of International Shipping and Trade Law, Swansea University
  • Simon Croall QC, Head of Quadrant Chambers, London
  • Paul Dean, Partner and Global Head of Shipping, HFW, London
  • Dr Tobias Eckardt, Partner, Ahlers & Vogel; Senior Member, China-Europe Commercial Collaboration Association, Germany
  • Dr Shengnan Jia, Co-founder, China-Europe Commercial Collaboration Association; Partner, Tahota Law Firm
  • Professor James Hu, Shanghai Maritime University, Shanghai
  • Associate Professor George Leloudas, Institute of International Shipping and Trade Law, Swansea University
  • Mr Justice Picken, Judge of the Commercial Court
  • Nicholas Poynder, Partner and Head of Shipping, HFW, Shanghai
  • Simon Rainey QC, Quadrant Chambers, London
  • Professor Bülent Sözer, Piri Reis University, Istanbul
  • Professor Andrew Tettenborn, Institute of International Shipping and Trade Law, Swansea University
  • Ms Shihui YU, Law School, Dalian Maritime University
  • Professor Jiang Yuechuan, Law School, Dalian Maritime University
  • Dr Lijun Zhao, Co-founder, China-Europe Commercial Collaboration Association; Senior Lecturer, Middlesex University, London
  • Patrick Zheng, Partner and Head of Dispute Resolution Practice, Llinks Law Offices, Beijing
  • Associate Professor Rui Zheng, Law School, Shanghai Maritime University

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For any enquiries please contact: Alicia on a.a.mckenzie@swansea.ac.uk