Insights

The Court of Appeal has unanimously overturned the High Court decision in The Eternal Bliss [2021] EWCA Civ 1712, ruling that demurrage is an owner’s exclusive remedy for failure to complete cargo operations within laytime.

In the case of STA v OFY [2021] EWHC 1574 (Comm), the Commercial Court considered the Kalmneft factors in order to determine an application by a state government for an extension of time to challenge an arbitration award. The decision is a useful reminder that all litigants, including foreign states, will be treated equally with regard to the law. Secondly, it emphasises that specific and detailed evidence is required in matters concerning Covid-19 related disruption.

Shipbuilding projects are a significant investment and it is essential that contractual terms avoid uncertainty and ambiguity. Changes in the market, technological developments and an evolving regulatory environment all have the potential to trigger issues in relation to newbuilding projects and the associated contracts.

The Commercial Court has recently handed down a judgment in Euronav N.V. v Repsol Trading S.A (“The Maria”) [2021] EWHC 2565 (Comm) confirming that, for the purpose of calculating a demurrage claim time bar, the date of completion of discharge is determined according to the time zone applicable at the place where discharge took place.

On 14th July, 2021, the European Commission adopted a series of legislative proposals aimed at reducing greenhouse gas emissions, known as the “Fit for 55” package. The package marks a key step towards the EU’s aim to reduce greenhouse gas emissions by at least 55% by 2030 as compared to 1990 levels, and then to carbon neutrality by 2050.  The proposals include, most notably for the maritime industry, measures to promote the use of alternative fuels and key amendments to the EU’s Emission Trading Scheme (“EU ETS”).