• MARPOL compliance and distances ‘from the nearest land’

    MARPOL permits unprocessed food waste to be discharged into the sea from vessels proceeding at a distance not less than 12 nautical miles from the nearest land. Sounds straightforward? Unfortunately, it is not - all coastal states do not define their ‘nearest land boundary’ in the same way.

    Bilde
    INSIGHT

    28 SEP 2022

  • The Norwegian Transparency Act in the maritime context

    Bilde
    INSIGHT

    15 SEP 2022

    Maintaining fundamental human rights and decent working conditions for all involved in a ship during its lifespan can pose challenges. Among the factors that make it challenging are the shipping industry's long supply chains, the number of business partners, and the lack of coherent international labour and safety standards, all coupled with incentives to cut expenses where possible. A new act recently came into force in Norway applicable to larger enterprises. The Act demands transparent due diligence to be carried out with regard to fundamental human rights and decent working conditions. This article will expand on the Transparency Act and its implication for shipowners throughout the lifespan of a ship.

  • USS Fitzgerald and ACX Crystal collision: The Fifth Circuit Court of Appeals delineates the reach of personal jurisdiction

    Bilde
    INSIGHT

    08 SEP 2022

    The Court, sitting en banc, held that the Fifth Amendment due process test for personal jurisdiction governed this admiralty dispute and mirrors the Fourteenth Amendment test. Applying the test, the Court concluded that Nippon Yusen Kabushiki (NYK) had insufficient contacts with the United States to justify exercising personal jurisdiction over a foreign corporation for claims arising from a collision in foreign waters. This means that United States Navy Sailors’ claims for wrongful death and personal injury must be pursued in a foreign court.     

  • Slow down for killer whales off the North American west coast

    Bilde
    ALERT

    02 SEP 2022

    In an effort to help the endangered southern residence killer whale recover in numbers, commercial ships trading to Vancouver, Canada, Seattle, US, and other ports in the Salish Sea area are encouraged slow down when crossing the defined seasonal critical whale habitats and when killer whales have been spotted near their planned route.

  • Are your hatch covers weathertight?

    Bilde
    INSIGHT

    31 AUG 2022

    ALSO AVAILABLE IN
    JAPANESE/和訳 (HTML)
    JAPANESE/和訳 (PDF)

    Cargo damage due to wetting represents a significant percentage of the claims presented to Gard every year. One of the leading causes is defective hatch covers which in our experience remains a recurring problem. Many hatch cover related defects are also found during condition surveys carried out within the scope of our inspection program.

  • Mediation: Is there an art to the deal?

    Bilde
    INSIGHT

    25 AUG 2022

    ALSO AVAILABLE IN
    JAPANESE/和訳 (HTML)
    JAPANESE/和訳 (PDF)

    Mediation as a maritime dispute resolution tool can be an effective and cost-effective way to avoid litigation. The practice is widespread in the United States and becoming increasingly popular in the United Kingdom. We talked to those familiar with mediation either as mediators or participants to find the keys that can unlock a successful resolution.