Insights

Recognising that the existing sanctions clauses for time and voyage are not appropriate for the unique nature of liner trade, BIMCO has now issued a bespoke clause which seeks to cater for that trade’s specific characteristics.

In our March Soundings, we foreshadowed how the sanctions landscape might look post-Brexit. Now that the transition period has ended and the UK has left the EU with a deal in place, we take a look at the new sanctions framework which came into force at 11pm on 31st December, 2020.

New UK legislation has come into force which may have significant implications in the event of the insolvency of one of the parties to a contract. Key provisions include the ability for a company to apply for a moratorium to protect it from creditors and the potential nullification of termination clauses.  The new legislation may be relevant to Members seeking recovery of unpaid debts from contractual counterparties in financial strife.

On 1st May, 2020, the Supreme People’s Court’s revised Provisions on Evidence in Civil Procedures (the “2020 Rules”) came into effect. Members who engage in litigation in China will be affected by the Rules, which will have a significant impact on the way in which litigation is conducted in China.

The task of quantifying the losses arising due to a breach of a contract of affreightment is not always straightforward. The recent decision in Palmali Shipping SA v Litasco SA [2020] EWHC 2581 (Comm) highlights the issues involved and provides welcome guidance. In particular, it considers the application of the “transferred loss principle” in the context of losses borne by different companies within the same corporate group.