Insights

A court in Texas recently overturned a $2 million penalty imposed by OFAC against Exxon Mobil. A court in Texas recently overturned a $2 million penalty imposed by OFAC against Exxon Mobil for alleged violations of US sanctions (Exxon Mobil Corp. v. Mnuchin, No. 3:17-CV-1930-B, 2019 WL 7370430 (N.D. Tex. Dec. 31, 2019)). The court held that OFAC contravened the due process clause of the Fifth Amendment, which requires that individuals or entities are given fair notice of conduct that is forbidden or required, in failing to give Exxon Mobil fair prior notice that its conduct contravened sanctions.

Over the past month, a novel Coronavirus, which has become known as the Wuhan virus, has been spreading across China and further afield.  Here we consider the implications for ship operators and provide information, practical guidance and advice on contractual issues arising. Follow the link above to read more.

As 1st January, 2020 looms large, with less than a month to go, many operators have started to use low sulphur fuels and, in line with industry predictions, issues are already being experienced in relation to the measurement of sulphur levels. In particular, it appears that purported “low sulphur” bunkers are regularly being found to be above the required 0.50% limit and discrepancies between test results for the same bunkers are being noted.

Is it necessary for a guarantor to pay even if the underlying liability is disputed? This was considered recently in Rubicon Vantage International Pte Ltd v KrisEnergy Ltd (The “Rubicon Vantage”) [2019] EWHC 2012 (Comm). Read more...

As reported on 13th October, 2019, the US imposed sanctions on Turkey in response to Turkey’s military activity in Syria.  Only 10 days later, on 23rd October, 2019, following Turkey’s agreement to a ceasefire in Syria, the sanctions have been lifted.  There are no longer any US sanctions in place against Turkey.