Insights

The forthcoming changes to the rules governing sulphur emissions contained in MARPOL Annex VI present technical, commercial and contractual challenges to shipowners.

A recent LMAA Small Claims Arbitration reference offers useful guidance on the question of what “free of salt” means when used in a cargo hold description. The case was brought by a Member entered in the Association.

即将生效的 MARPOL 公约附则VI中控制硫排放规则的修改，给船东带来了技术、 商业和合同订立方面的挑战。 •  哪一方负责额外费用？ •  需要对目前使用的租船合同条款进行哪些修改？ •  船东如何对现有或未来的租船合同进行修改，来为规则变更后的还船进行准备？

The Singapore High Court recently clarified whether a ship may be arrested as security for a claim subject to a foreign court action. In the EUROHOPE the court characterised such an arrest as an abuse of process and over-turned the arrest which, in the future, may give rise to a claim for damages for wrongful arrest: DSA Constultancy (FZC) v The “EUROHOPE” [2017] SGHC 218.

The consequences of invalid service can be serious, particularly in cases where a time bar is missed as a result. So litigating parties would be wise to consider the guiding principles that are usefully set out in a recent case: Glencore Agriculture B.V. and Conqueror Holdings Limited [2017] EWHC 2893 (Comm)