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The C Challenger: how effective is a reservation of rights?

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It is common for parties to reserve their rights in general terms where a dispute is developing. This is often thought to protect a party’s rights under the applicable charterparty. However, in a recent case, the High Court held that the charterer had lost its entitlement to rescind the charterparty for misrepresentation, even though the charterer had expressly reserved its rights.

Date
19/04/2021
Duration
06:52

05/07/2023

The Impact of the EU Emissions Trading Scheme on Shipping

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. Podcast by Francesco Tundo, Senior Claims Director

21/09/2022

Avoid EEXI uncertainty with the BIMCO EEXI clause

Taking on the role of an owner and a charterer in a hypothetical fixture discussion, Alexandra Couvadelli and Alex McCue discuss the implications of incorporating the BIMCO EEXI clause into the charterparty.

14/01/2022

Expect the unexpected: BIMCO model force majeure

Recognising the rise in extreme events in recent years, BIMCO has issued a model clause with the aim of addressing unexpected or ‘force majeure’ events that affect the performance of the parties under a contract. 

28/10/2021

Issue arising in newbuilding contracts

Shipbuilding projects are a significant investment and it is essential that contractual terms avoid uncertainty and ambiguity. Changes in the market, technological developments and an evolving regulatory environment all have the potential to trigger issues in relation to newbuilding projects and the associated contracts.

In this publication, the Club takes a look at some of the issues that potential buyers should be aware of, as well as the legal pitfalls to be avoided when entering into newbuilding contracts.