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On 16th May, 2023 the European Parliament approved amendments to the EU Emissions Trading Directive, bringing shipping within the scope of the EU Emissions Trading Scheme (“EU ETS”). As a result, from 1st January, 2024, ships of 5000GT and above which transport cargo or passengers for commercial purposes will be subject to the EU ETS. This publication considers how the EU ETS works, the implications for owners and charterers and how parties can allocate the costs and responsibilities for complying with an ETS in their charterparties.  

In London Arbitration 2/23, the arbitration tribunal rejected the owner’s claim for damages for breach of the Charterers’ unsafe port warranty, following the ship’s grounding, on the basis that a one-off mistake in the pilot’s navigation of the ship was not a defect in the set-up of the port that would render the port unsafe. In addition, the tribunal found that the lack of proper charts on board the ship rendered the ship unseaworthy although this was not causative to the ship’s grounding.

In this video Paul Herring, Alex McCue and Jim Roberts discuss the BIMCO CII Operations Clause for Time Charter Parties 2022 and the potential implications for both owners and charterers. Watch the video Please also read our Insight The BIMCO CII clause: what does the future hold? for further information.

These Service Guidelines (2023) set out the Club’s expectations as to how Defence matters should be handled by the lawyers instructed on behalf of Members. They reflect the Club’s policy of “no surprises” but also contain...

In the recent case of Fastfreight Pte Ltd v Bulk Trident Shipping Ltd [2023] EWHC 105, the Commercial Court held that where a charterparty contained a clause providing that no deductions were to be made without an...


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