Maritime

Recent Articles

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  05.09.2023

  International

  Deep sea mining: navigating in murky waters

  On 9 July 2023, the latest deadline for finalising the draft exploitation regulations for deep sea mining in international waters expired without agreement.1 This deadline resulted from a letter from the pacific state of Nauru in 2021 stating an intention to apply for approval of a ‘plan of work’ for exploitation of deep sea minerals. The letter triggered a sub-clause within the Agreement relating to the implementation of Part XI of the United Nations Convention on the Law of the Sea of 10 December 1982, (“the 1994 Implementing Agreement”) which gave the International...

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  05.07.2023

  International

  Deep sea mining: a new source of transition minerals

  The energy transition has accelerated demand for a range of minerals required for batteries and renewable energy application, and has heightened global concerns over resource security. Accordingly, accessing the rich abundance of minerals that exist within the deep sea is of increasing interest in ensuring secure mineral supply chains.Growth in deep sea mining remains relatively slow due to technological challenges and critically, legislative gaps, but there have been important recent developments. The International Seabed Authority has published draft Exploitation Regulations which are intended...

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  10.03.2023

  International

  Energy / Shipping – Effect of Anti-assignment Clauses and Transfers to Insurers

  The recent decision of the Commercial Court in Dassault Aviation SA v Mitsui Sumitomo Insurance Co Ltd [2022] EWHC 3287 (Comm) concerned a contractual prohibition against assignment and whether this applied to an assignment of rights to an insurer under the assignor’s insurance policy. The decision raises questions on the effect of prohibitions against assignment generally, the concept of involuntary assignments (including assignments by operation of law), and the impact of anti-assignment clauses on a transfer of rights to an insurer.FactsDassault Aviation SA (“Dassault”) and...

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  19.01.2023

  Scotland

  The Scottish Government Draft Long-Term Plan for Vessels and Ports - Consultation

  The Scottish Government has published a draft Long-Term plan for vessels and ports on the Clyde & Hebrides (CHFS) and Northern Isles (NIFS) networks (2023 – 2045). This is the first element of its Islands Connectivity Plan (ICP) which is proposed to replace the Scottish Ferries Plan (which has set out the framework for Scotland’s ferry services since 2013). The draft Plan provides details about the Scottish Government’s objectives for the CHFS and NIFS networks. The draft Plan has been developed in line with the objectives of the Scottish Government’s Infrastructure...

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  15.11.2022

  England and Wales

  Oil, gas and commodities: Force majeure

  In MUR Shipping BV v RTI Ltd [2022] EWCA Civ 1406 the Court of Appeal overturned the Commercial Court’s judgment and found that a ‘reasonable endeavours’ obligation in a force majeure clause could require a party to overcome a state of affairs which would otherwise constitute a force majeure event by accepting alternative, or non-contractual, performance. Facts CMS have published an article on the Commercial Court’s judgment, appealed in this case, in its Annual Review of Developments in English Oil and Gas Law 2022 (available here) which sets out the facts of the underlying...

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  10.08.2022

  International

  Energy – punitive interest where there is “Significant Connection with England”

  Summary The Late Payment of Commercial Debts (Interest) Act 1998 implies a term in English law contracts for the supply of goods and/or services in the event of late payment by the purchaser. This ‘statutory interest’ is currently set at 8% above the Bank of England Base Rate and will apply where there is a “significant connection” between the contract and England. In Vitol SA v Genser Energy Ghana Ltd [2022] EWHC 1812 (Comm), the Commercial Court held that a propane sales contract had a “significant connection” with England, where the payments were made in...

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