International Group of P&I Clubs’ Post

🚢 The Impact of International Conventions on Marine Cargo Claims: Why They Matter More Than Ever 🌍 In today’s global economy, international trade depends on the seamless movement of goods across borders, and marine transportation is at the heart of this process. However, the risk of cargo loss, damage, or delays is ever-present—and that’s where international conventions come in. 📝 Key Conventions to Know: - The Hague-Visby Rules – Define the carrier’s liability for lost or damaged goods. - The Hamburg Rules – A shipper-friendly framework that balances interests between carriers and cargo owners. - The Rotterdam Rules – Aims to modernize and unify the legal standards for multimodal transport. These conventions provide a global legal framework to resolve cargo claims, reducing uncertainty and streamlining the claims process. They ensure transparency, fairness, and efficiency across borders, helping all parties—from shippers to insurers—navigate complex disputes with clarity. 💡 Why This Matters: - Efficiency & Clarity: Simplifies the claims process and helps businesses manage risk. - Global Standardization: Creates consistency across jurisdictions, reducing legal complexities. - Enhanced Protection: Safeguards the interests of both cargo owners and carriers, fostering trust in international trade. As international trade continues to evolve, these conventions provide the stability and predictability needed to mitigate risks and keep goods moving smoothly across the globe. 🌐 Need assistance with marine, air, or cargo claims recovery? I'm here to help you navigate the complexities and ensure you get the support you need. Feel free to connect with me directly for expert guidance. #MarineCargo #InternationalTrade #ShippingLaw #Logistics #RiskManagement #CargoClaims #GlobalTrade #LegalFramework #ClaimsRecovery ➡️ Message me here on LinkedIn 📩 [email protected]

COMESA, SADC, EAC and the TFTA: preserving the REC FTA acquis? The TFTA entered into force today. With negotiations starting in 2008, the COMESA-SADC-EAC tripartite initiative initially aimed to consolidate all three RECs into one. The attempt rested on three pillars: ➡️ Market integration (which materialised today), ➡️ Industrial development, and ➡️ Infrastructure development. The market integration dimension aimed to enhance existing schemes by "automatically extend[ing] duty-free treatment to all other Tripartite Member States" (cf. draft 2010 negotiating text - cf. tralac | Trade Law Centre's TFTA resources webpage). However, the process quickly transitioned to a traditional request-and-offer approach. ⏩ Flash forward to 2024 Significant differences in origin regimes show among the three different RECs, laying the groundwork for the ongoing TFTA rules of origin negotiations. The factsheet presents some insights from the comparative work.

Peru has amended its National Port System Law, empowering the National Port Authority to grant exclusive operational rights to private companies. The move means the dispute involving Chinese port operator Cosco Shipping Ports’ exclusive rights to operate Chancay Port terminal will be resolved quickly. Lying 58 kilometers north of the Peruvian capital Lima, Chancay is a deep-water port with easy access to the economic heart of Peru. The project is expected to generate economic and social benefits equivalent to $4.5 billion a year, or 1.8% of the country’s GDP, and create 8,550 jobs Cosco acquired a 60% stake in the Chancay port terminal for $225 million in 2019, later expanding its investment to $3.5 billion and, in 2021, Peru’s port authority awarded Cosco the exclusive rights to run the terminal. In March 2024, however, it made a volte-face claiming the deal had been an “administrative error.” The authority said it had never had the legal authority to grant the rights and requested that a judge void the deal. Last month, Cosco sent a letter to Peru’s Ministry of Economy and Finance requesting a six-month negotiation to amicably resolve the dispute without resorting to international arbitration

Egyptian Parliament's Transport Committee Approves Amendments to the Maritime Trade Law Shipping Arabia, December 5, 2024 — The Transport and Communications Committee in Egypt's House of Representatives, led by MP Alaa Abed, has passed a draft law submitted by the government to amend key aspects of the Maritime Trade Law, originally issued under Law No. 8 of 1990. This session was attended by notable government representatives. The proposed amendments are designed to streamline maritime trade operations, enhance the efficiency of maritime services, and support the growth of the Egyptian commercial maritime fleet through innovative shipbuilding and renewal strategies. These changes are expected to boost the carrying capacity of Egyptian ships, bolstering Egypt's position in global maritime trade. One significant amendment pertains to Article 5 of the existing law, which outlines the criteria for a ship to acquire Egyptian nationality. According to the new provisions, any ship registered at an Egyptian port and owned by an Egyptian citizen or corporation can claim Egyptian nationality. Furthermore, foreign ships under a bareboat charter to an Egyptian entity for at least two years, as well as those on a financial lease to an Egyptian, will also be eligible for Egyptian nationality for the duration of the charter or lease. This revision eliminates the need for a specific percentage of Egyptian ownership in the managing company’s capital or administration, except in cases of joint ownership or multiple charters, where the majority must be controlled by Egyptian interests. Additionally, the amendment allows for the suspension of the registration of Egyptian ships that are bareboat-chartered under a foreign flag during the charter period, adding operational flexibility within the Egyptian maritime sector. The new draft also modifies Clause (1) of Article 11, setting a reasonable scale for fees related to documenting official ship transaction documents based on the Gross Registered Tonnage (GRT) of each vessel. This aims to ensure that fees remain fair and consistent with international standards, with a set minimum and maximum limit. Furthermore, Article Two delegates authority to the Minister of Transport to issue the necessary executive decisions to enforce these amendments within three months of the law’s enactment. Until new regulations are established, existing provisions will remain effective to avoid any legislative discontinuity. These legislative adjustments are poised to significantly enhance the operational framework of Egypt’s maritime trade, aligning it with modern practices and ensuring competitive edge in the global marketplace. Source: Al Mal News #Egypt #Maritime #Transport #Legislation

A really interesting quick look at how the maritime industry continues to shift from litigation to arbitration for resolving disputes. Expert insight from HFW shipping supremo Paul Dean and great data from Solomonic, as always! #DisputeResolution #Litigation #Arbitration #MaritimeArbitration #ShippingIndustry #MaritimeIndustry

🚢 Paving the Way for Digital Transformation in Shipping 🚢 Exciting developments in the maritime industry! The Digital Container Shipping Association (DCSA), a founding member of the Future International Trade (FIT) Alliance alongside BIMCO, has just published a groundbreaking report on overcoming legal and regulatory barriers to fully adopting electronic bills of lading (eBL). 📊 Key Highlights from the DCSA Report: - Jurisdiction Coverage: The report examines 15 jurisdictions accounting for 60% of global trade, outlining ways to streamline the transition to eBLs. - Economic Impact: eBLs could save $6.5 billion in direct costs and boost global trade by $30-40 billion annually. - **Legal Feasibility: Most jurisdictions already permit eBLs legally, with only two regions needing further legal adjustments, which are already in progress. - Harmonisation Needed: While some regions have specific conditions for eBL use, many allow flexible, private sector-driven adoption. Harmonising these conditions across borders is crucial to prevent fragmentation and enhance trade efficiency. 🤝 Collaboration is Key: The report underscores the importance of collaboration between governments and the private sector. It also stresses the need for education and awareness to overcome legacy practices and legal uncertainties. 🚀 Looking Ahead: The DCSA is optimistic about achieving 100% eBL adoption by 2030 among its liner company members. They are expanding research to additional jurisdictions, riding the positive momentum in legislative adjustments to ensure a bright future for digital trade and transport. https://lnkd.in/dsc4WyA4 Erik Valiquette, CCLP Andrea Frosinini Chris Sunderman Jonathan Garcia Amine Echtati Venu Borra Jose Gonzalez Bishop Sally Bryan Campos Sunil Senapati Saloi B. Aljosja Beije Bob Gravestijn Ayhan Köseoğlu Dr. Selda Eke #DigitalTransformation #MaritimeIndustry #eBL #GlobalTrade #DCSA #Innovation #Shipping #TradeEfficiency #FutureOfShipping

The "ESCAP-UNCITRAL Joint Webinar on strengthening legal frameworks for multimodal transport in Asia and the Pacific and beyond" took place on Wednesday, 16 October 2024. Over 50 participants attended the webinar, including government officials from United Nations ESCAP member States and representatives from interested organizations. Welcoming remarks were delivered by Ms. Azhar Jaimurzina, Chief of Section, Transport Division, ESCAP and Mr. José Angelo Estrella Faria, Principal Legal Officer and Head of Legislative Branch, UNCITRAL secretariat. During the webinar, Mr. Fedor Kormilitsyn, Economic Affairs Officer, Transport Division, UNESCAP presented a summary of ESCAP's work in the context of multimodal transport and introduced its new project to explore further solutions to enhance legal frameworks for multimodal transport for Asia and the Pacific, particularly in the context of operation of dry ports in the region and their integration into multimodal transport corridors. Ms. Tatyana Tymchenko, Consultant provided a summary of the guidelines for harminization of national laws on multimodal transport in Asia and the Pacific developed by the ESCAP secretariat. Ms. Yanying Li, Legal Officer, UNCITRAL secretariat, provided an update on the ongoing work of the secretariat on negotiable cargo documents and negotiable electronic cargo records. It was clarified that the new draft instrument would not regulate the rights, obligations and liabilities of the parties under transport contracts, which would still be governed by existing transport conventions. The project intends to build an additional layer and create a new document of title (negotiable cargo document) to facilitate financing, to increase flexibility in trade and most importantly, in a multimodal context, to provide a legal framework for the issuance and use of a single electronic record that would cover door-to-door transportation, thereby simplifying the documentation process and increase efficiency in operations. Ms. Elaine Ng, UNCITRAL Regional Centre for Asia and the Pacific provided an introduction to RCAP's activities and its role to raise awareness and promote the new instrument in Asia and the Pacific region after its adoption (expected in 2025). Read the "Fact sheet: UNCITRAL project on negotiable cargo documents" here➡📑https://lnkd.in/eB_zGrZX Find more information about the ongoing work on negotiable cargo documents here➡📑https://lnkd.in/g_zrXNhN #UNCITRAL #RCAP #negotiablecargodocument

🌍 Understanding the Hamburg Rules: Modernizing International Maritime Law 🚢 Have you heard about the Hamburg Rules? They're pivotal in shaping international maritime trade law, specifically concerning the rights and responsibilities of carriers and shippers. Here’s a breakdown: What are the Hamburg Rules? The Hamburg Rules, formally known as the United Nations Convention on the Carriage of Goods by Sea, 1978, aim to modernize and harmonize the legal framework governing international maritime transportation. They establish clear guidelines on issues such as liability, documentation, and claims handling. Key Features: Liability: The Rules define the carrier's liability for loss or damage to cargo. They emphasize the carrier’s duty to properly care for the cargo throughout the journey. Documentation:They require standardized bills of lading and provide clarity on the information that must be included. Claims:Procedures for filing claims are streamlined, ensuring fairness and efficiency in resolving disputes. Impact and Adoption: The Hamburg Rules were designed to offer greater protection to cargo interests, balancing the rights and obligations of both carriers and shippers. While widely recognized internationally, their adoption varies among countries, with some preferring to adhere to older conventions like the Hague-Visby Rules. Why It Matters: Understanding the Hamburg Rules is crucial for anyone involved in international trade, logistics, or maritime law. They provide a modern framework that addresses contemporary challenges and ensures smoother global trade operations. In conclusion, the Hamburg Rules represent a significant step forward in international maritime law, promoting fairness, clarity, and efficiency in global shipping practices. Stay informed to navigate the complexities of international trade effectively! 🌐⚖️ #MaritimeLaw #GlobalTrade #HamburgRules #Logistics #InternationalBusiness #LegalFramework #ShippingIndustry #CargoHandling #TradeLaw

Understanding International Waters: Boundaries, Jurisdiction, And Legal Implications Check out this article 👉 https://lnkd.in/eu8e45FG #InternationalWaters #Shipping #Maritime #MarineInsight #Merchantnavy #Merchantmarine #MerchantnavyShips

US House passes ‘OSRA 2.0’ to set new curbs on China’s shipping industry The House approved the Ocean Shipping Reform Implementation Act on March 21st, aiming to bolster federal maritime law with enhanced oversight of China-based carriers and freight exchanges while establishing new committees for port and liner service studies. Dubbed OSRA 2.0, the legislation seeks to shield US ports and shippers from Chinese influence. Key highlights include: - Expansion of the "controlled carrier" definition to include support from nonmarket economy countries or those under US Trade Representative investigation for anti-competitive practices. - Authorization for US shippers to lodge complaints against shipping exchanges for market manipulation. - Prohibition of US terminal operators from using LOGINK software in ship-to-shore cranes. - Establishment of advisory committees for ocean carriers and terminal operators alongside the existing NSAC. - Mandate for the FMC to set rules for a standardized data format for maritime freight logistics. The bill garnered wide support from shippers, with RILA emphasizing its potential to safeguard against unreasonable fees and enhance transparency in oversight responsibilities. https://lnkd.in/g3wyqJKa