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Case law

• The Celestial Judgment – UK Supreme Court Confirms Wide Reach of UK Sanctions Regulations, Including Over Letters of Credit (HFW)

• Court dismisses challenge to arbitration award addressing cargo claims (Hill Dickinson)

• World Shipping Council v Federal Maritime Commission: D.C. Circuit upholds agencyinterpretation of “unreasonable refusal to deal or negotiate” (The Maritime Law Blog)

• Commodities in Focus Weekly – Finco International AG v Integra Petrochemicals Europe AG (Stephenson Harwood)

Regulatory

• On the electrification of port quays: the cold ironing system (ADVANT)

• A Deep Dive Into the Policies Affecting Low-Carbon Shipping Fuel (Bracewell)

• Timeline to achieve compliance under FuelEU for the 2025 reporting year (Skuld)

• Fight over Houthi sinking arrives in US court — with an unexpected litigant (TradeWinds)

• Carriage Of Goods and Maritime Autonomous Surface Ships -The Liability of the Carrier Under International Sea Cargo Regimes (SSRN)

• Fees for seas: a history of taxing waterways (Financial Times)

News & Opinion

• How to avoid bunker disputes (BDM)

• Maritime arbitration v direct enforcement of credit documents in Brazil (Castro Barros Advogados)

• Not Strait-Forward (Poten & Partners)

• Estoppel And Legitimate Expectation: Can The Public Trust The State? (Shepstone & Wylie)

• The Gulf of Hormuz. Can Iran toll-yah? (IISTL)

• Hull fouling in Persian Gulf (BDM)

• Iran War Sows Mayhem for Big Law’s Energy Clients in Texas (Bloomberg Law)

• The International Forms of Vessel Sale and Purchase (“S&P”): The Modern Practice of GlobalShipping and Maritime (ARMA Law)

• Iran Conflict – Global Shipping Risks Explained (Benesch)

• CK Hutchison starts London arbitration against Maersk over Panama (Bloomberg)

• When the Smoke Clears: Maritime Contract Claims After Hormuz Disruption (Holland &Knight)

• Strait of Hormuz disruption – Disputes risks for energy and infrastructure projects (Hogan Lovells)

• The effects of the war in Iran on energy contracts: Between force majeure, hardship and thepossibility to claim performance (Hogan Lovells)

• Possible implications of Iranian tolls to transit the Strait of Hormuz (Kennedys)

• A Year in Review: The Finance Charter Instrument (Mamo TCV)

• Iran, the Strait of Hormuz, and the Distress Risks Ahead (Sidley)

• Deviation - FAQs (Steamship Mutual)

• FFA experts brace for disputes as Hormuz closure clouds VLCC rate assessments (TradeWinds)

This week’s edition ranges from e-bills of lading and limitation clocks to new frontiers of seaworthiness and the control of autonomous vessels. We’ve also got digressions about the new economics of the FMC, Jones Act, and the Middle East, and it turns out Canada has a Jones Act.

To receive this update every week via email directly to your inbox, please subscribe at www.Admiralty.News

Case law

• Court of Appeal rules against bill of lading holder in conversion claim (Allen & Gledhill)

• Singapore: Peril of the seas presumption fails without investigation of cause (Reed Smith)

• Supreme Court of Spain confirms one‑year time bar is a limitation period of lapse (Penningtons)

• Court considers delivery terms and vessel nomination in CIF contract subject to BP GTCs (Hill Dickinson)

• Court of Appeal nullifies Akwa Ibom maritime sector regulation law (Banwo Ighodalo)

• The Beijing Convention on the judicial sale of ships - what it could mean for future practice? (Reed Smith)

• A Brief Overview of the OLAM Case (Arizon)

Regulatory

• Electronic bills of lading now legally recognised under Dutch law (Smart Maritime Network)

• EU Commission adopts new ports and industrial maritime strategies (Matheson)

• Nature treaty preserves IMO’s mandate (Lloyd’s List)

• STF sets limits on TCU’s power to override sectoral regulators — impact on port sector (Tauil & Chequer)

• Guardians of the deep: expanding protections for the UK’s military maritime heritage (HFW)

• Canada has a Jones Act? Analysis of Canadian cabotage and local-content rules (Millar Kreklewetz)

• Contours of the Jones Act waiver (Floyd Zad)

• Re‑establishment of specialised commercial law courts in Malta (Piazza Legal)

• The first 24 hours: benefit of SCMA for maritime claims in Indonesia (ADCO)

• FMC rejection of carriers’ surcharge waiver shows shift in US shipping politics (JOC)

• Dutch‑based lawyer challenges PH maritime laws (Global Nation/Inquirer)

News & Opinion

• Strait of Hormuz: ships paying Iran in yuan and crypto tolls for safe passage (Bloomberg)

• Iran asserts sovereignty over Hormuz by enshrining transit fees into law (Tradewinds)

• Who controls the Strait of Hormuz? Iran’s toll plan could reshape global maritime order (TRT World)

• Strait of Hormuz and the Persian Gulf — legal implications (Thommessen)

• Hormuz crisis: managing force majeure and supply‑chain risks (Oon & Bazul)

• Hormuz crisis impact on global energy (Esenyel Partners)

• Persian Gulf hostilities — charterparty FAQs (North Standard)

• Autonomous shipping’s legal grey zone — who’s really in control? (The Digital Ship)

• From gas to grain: the risks are interconnected and building (Stephenson Harwood Perspectives)

• Sailing into the unknown — voyage charterparty considerations for turbulent times (Stephenson Harwood)

• The VHS vs Betamax problem at the heart of maritime decarbonisation (Sands)

• Regulatory unfitness to trade — new seaworthiness frontier in decarbonisation disputes (Arun Kasi)

• HFW creates new senior manager for shipping amid promotion round (Tradewinds)

• FMC, supply chain shocks and contract impacts (Squire Patton Boggs)

Jones Act gynmastics have opened legal gaps as foreign vessels reckon with US domestic rules. LNG projects and long‑term supply chains face competing commercial and legal shocks. Bunkering markets and crew wellbeing in the Persian Gulf are being tested as routes and insurance premiums reprice.

Courts and arbitrators are sharpening the law: recent judgments and rulings nudge carrier liability, late‑redelivery damages, and the scope of enforceable arbitration agreements. Trade measures and tariffs (including Section 301 chatter) are top of mind, and enforcement officials in the US are fixing their bayonets over Panama‑flagged vessel detentions.

Case law

• An Seaways v Allianz (Britannia P&I)

• V Ships Ltd v Luna Management Corp (Mills & Co)

• Skyros and Agios Minas: assessment of damages for late redelivery (UK Defence)

• Court finds Russian proceedings breached contractual arbitration agreements (Hill Dickinson)

• Kiveli collision with Afina I - Rule 14 applies until the risk of collision has passed (Penningtons)

• U.S. District Court issues judgment in favour of Kuehne + Nagel (FloydZad)

Regulatory

• SOLAS amendments effective 1 January 2026 - what shipowners, operators and managers must prepare (AGP Law)

• SOLAS amendments on container loss reporting — new mandatory requirements from 1 January 2026 (AGP Law)

• Temporary waiver of the U.S. Jones Act - what to know (Gard)

• Trump administration issues 60‑day Jones Act waiver amid Iran war (Blank Rome)

• Foreign vessels operating under the Jones Act waiver — consider what other US laws may apply (K&L Gates)

• The US issues a temporary limited waiver of its cabotage requirements (North Standard)

• US trade developments and tariff outlook (BLG)

• Check your charterparty if trading to the US (Gard)

• Force majeure and LNG contracts (Vinson & Elkins)

• Force majeure “in uncertain times” - how businesses can protect themselves (CBP)

• The legal impact of the conflict in the Middle East (Norton Rose Fulbright)

• War‑risk insurance amid Hormuz Strait disruptions (Kvale)

• War insurance in the Middle East - legal and commercial implications (Morgan Lewis)

• Has marine insurance become a war risk? (Law.com / New York Law Journal)

• US trade developments - IEEPA, tariffs end and Section 301 outlook (BLG)

• Litigating tariff refund pass‑on class actions - lessons from antitrust (Vinson & Elkins)

• Shipping terms under the UCC and Incoterms - supply chain survival (Quarles & Brady)

• How Jamieson Greer trade probes could impose new fees on shipping (Tradewinds)

• China’s surge in Panama‑flagged vessel detentions — FMC warns (Tradewinds)

News & Opinion

• Courts have become less sympathetic to carriers (Shearwater Law)

• Evolving landscape of dispute resolution (The Law Gazette, Singapore)

• LCI Athens office and senior shipping partners ranked top‑tier in The Legal 500 2026 (LCI Law)

• Retrofitting fleet - heavy green lifting has limits (Tradewinds)

• Strait‑talking - Briefing on the impact of the Iran war on shipping (36 Group)

• The Iran war - property and business interruption insurance implications for policyholders (Fenchurch Law)

• Persian Gulf hostilities — crew wellbeing (North Standard)

• Tehran tollbooth - how Iran picks who to let through the Strait of Hormuz (Al Jazeera)

• Iran war and international shipping - navigating disruption and legal risk (Blank Rome)

• Iran conflict - impact on marine bunkers (North Standard)

• How the law of naval warfare applies to the Strait of Hormuz (The Conversation)

• China’s urgent need to plug maritime insurance gap (SCMP)

• The maritime net zero framework matters far beyond shipping (Nature)

• How Iran is seeking to cash in on the Strait of Hormuz (Financial Times)

• The Middle East conflict — key legal considerations for project contracts (Paul Hastings)

• BIMCO brings in veteran shipping lawyer to help shape autonomous contracts (Tradewinds)

• Geopolitical disruption — interface between shipping, construction contracts and supply chains (Hill Dickinson)

• Nintendo may win its case against the US government — tariffs are here to stay (NintendoLife)

• US trade and tariff commentary (City‑Yuwa)

• Navigating the digital tide — generative AI and the Washington Public Records Act (Schwabe)

• The legal impact of the conflict in the Middle East (Norton Rose Fulbright)

• Check your charterparty if trading to the US (Gard)

• How Jamieson Greer trade probes could impose new fees (Tradewinds)

There’s also regulatory updates from Singapore, news on the Beijing Convention, and practical guidance for ports, insurers, and shipowners: how to avoid getting your ship arrested, how to shore up war risks cover, and how to create charterparties that don’t blow up when the next flare‑up arrives.

1) Case law

1. English High Court Accepts Classification of Refund Guarantee Obligation As Innominate Term in Shipbuilding Dispute (Haynes Boone)

2. When “No Later Than” Is Not Enough: Calver J on Refund Guarantees, Conditions, Innominate Terms and Commercial Common Sense (Stephenson Harwood)

3. Shipbuilding: Commercial Court considers Refund Guarantees, Conditions and Innominate Terms (UK Defence Club)

4. Kiveli v Afina 1: Head On or Crossing Encounter? (Britannia P&I Club)

5. When draft survey prevails: Brazilian shortage claims after the ‘SEA HONEST’ judgment (Gard)

6. Judgment handed down in SLB and others v PAK and others [2026] EWHC 449 (Comm) (4 Pump Court)

7. The Maltese Falcon: When Contracts Allocate Risk, Courts Will Not Rewrite the Bargain (Haynes Boone)

2) Regulatory

1. Jones Act Waiver Issued in Response to Iran Conflict: Legal Analysis and Implications (Holland Knight)

2. Customs and Border Protection Publishes Implementation of 60-Day Jones Act Waiver as Strait of Hormuz Crisis Disrupts Energy Markets (Seward Kissel)

3. Amendments To The Merchant Shipping Act 1995 Of Singapore: Removal Of The Requirement For Bill Of Sale Endorsement (Stephenson Harwood)

4. The Beijing Convention: what it means for shipping debts and judgments (Hill Dickinson)

5. US ease-off on Russia sanctions will make no difference for most (Lloyd’s List)

6. Trump’s Jones Act waiver raises complaints — but will it be challenged? (TradeWinds)

3) News & Opinion

1. “Regulatory Unfitness to Trade”: The New Seaworthiness Frontier in Decarbonisation Disputes (Part I – CII) (Arun Kasi)

2. Persian Gulf recurring issues (BDM)

3. From Hormuz to Gibraltar: why conflict-driven shipping stress may end in more ship arrests (ISOLAS)

4. Key considerations: Time bars in inland and coastal shipping in Australia (Kennedys)

5. Movement through the Strait of Hormuz muddies the waters on force majeure (Stephenson Harwood)

6. Geopolitical Tensions and Maritime Risk | Why Strategic Ship Registration Matters More Than Ever (A.G. Paphitis & Co.)

7. Iran War triggers a reshaped marine insurance risk landscape (Kennedys)

8. Ports and terminals feel the strain of the war in Iran (Kennedys)

9. How The Iran War Has Snarled Global Oil & Gas Shipping (Law 360)

10. Strait of Hormuz status puts seafarer repatriation obligations on shipowners (Lloyd’s List)

11. Time Charterers: limiting the scope of the implied indemnity (Steamship)

12. Sunk by the small print: onerous clauses in marine insurance (Kennedys)

This week’s edition highlights U.S. federal rulings on enforcement and seizures, UK appellate and admiralty decisions in collision cases, and the Afina/Kiveli appeals.

Regulatory coverage includes EU ports strategy, UAE arbitration influence, FMC guidance on fuel surcharges, and the Jones Act waiver debate.

News & Opinion has commentary on Strait of Hormuz routing risks, safe‑port and force majeure analysis, guidance on salvage and casualty reporting, and contract strategy amid Middle Eastern tensions.

Case Law

Federal Court Dismisses ILA suit out of Virginia: No Contract Violations (MBLB)

Monford Management Ltd (the owners of the KIVELI) v Afina Navigation Limited (the owners of the AFINA I) [2026] EWCA Civ 251 (MFB)

Afina 1 c/w Kiveli - Court of Appeal upholds the decision of the Admiralty Court (Tatham)

Hof van Cassatie schept helderheid in de saga over de onmogelijkheid tot directe douanevertegenwoordiging in België (Quadrant Advocaaten)

LLC Eurochem North-West-2 v Tecnimont S.P.A. & MT Russia LLC (Stephenson Harwood)

URE Energy Limited v Notting Hill Genesis (Haynes Boone)

High Seas Seizure: U.S. Captures Dark Tanker in Enforcement of Sanctions (MBLB)

Regulatory

EU Industrial Maritime Strategy and EU Ports Strategy: Opportunities and Regulatory Exposure for Maritime and Infrastructure Investors (K&L Gates)

Ocean Carriers Begin Adding Fuel Surcharges Amid Middle East Disruptions: FMC Regulations Require Notifications and Phased Implementation (Husch Blackwell)

Trump Administration Provides “Sovereign Backstop” Reinsurance Facility for Persian Gulf Maritime Shipping (Clark Hill)

The 45-Day Ceiling: Why Proposed Jones Waivers Offer Little Relief to Gulf Supply Shocks (MMWR)

Jones Act Waivers - Again (Winston Strawn)

Strait of Hormuz Crisis: Legal Risks for Shipowners, Charterers and Insurers under UAE Maritime Law (Hadef)

High seas, no law: Combat legal outside 12 nm - Maritime law expert (Daily Mirror)

News and Opinion

‘End of Voyage’ declarations: a growing trend (Hill Dickinson)

Scrubber risks: Lessons from six years of claims (Gard)

Conflict Premium: Insurance and Supply Chains During the Iran War (Part 1) (Pillsbury)

Biofuels in commercial shipping: navigating the legal and contractual considerations (NorthStandard)

2026 Outlook for Maritime Biofuels (Bracewell)

UAE’s Role in International Arbitration: Understanding a Rapidly Growing Influence (HAS Law)

UNCITRAL’s Negotiable Cargo Document: Revolutionary or Just Another Layer? (Caland)

Tensions in the Persian Gulf: When do charterers or owners have the right to walk away? (ERG)

‘Don’t be that guy’ by ordering Gulf danger voyages, charterers warned (Lloyd’s List)

Beyond Force Majeure: When Does a Conflict Actually “Frustrate” a Contract, What Is My Strategy, and What Questions Should I Ask? (Squire Patton Boggs)

Sexually Assaulted at Sea: What to Do Next (Justice 4 Mariners)

Breakaway barge case illustrates the operation of marine salvage law (Workboat)

What Is the Jones Act and How Would Waiving It Help Lower Oil Prices? (Barron’s)

Blank Rome Recognized in China Business Law Journal’s 2025 Deals of the Year (Blank Rome)

Refusing Transit Through the Strait of Hormuz (Squire Patton Boggs)

This edition brings case law includes updates on refund guarantees, misdelivery and causation analysis alongside news regulatory shifts: Arctic ECAs, Malaysia’s new admiralty division, Transport Canada’s expanded HNS focus, Kyrgyzstan’s Maritime Code and Ireland’s national maritime strategy.

There’s also commentary probing the current challenges in the Strait of Hormuz, charterparty war-risk dilemmas, LNG and oil market fallout, sanction and insurance exposures, and practical voyage risk mitigation strategies for heavy weather.

Case Law

Provision of refund guarantee in shipbuilding contract held to be innominate term (Hill Dickinson)

Ningbo Nanheng Import and Export Co. Ltd. v. Shinhan Bank Co. (2021) Zhe Min Zhong No. 156 [PRC] (JTN)

More than Maduro: the significance of CITGO v Ascot (Chalos & Co)

Misdelivery without bills: When release instructions are not conversion – Valency International Pte Ltd v. JSW International Tradecorp Pte Ltd (Reed Smith)

The Middle East Conflict: In the Grip of the Peril? (Wikborg Rein)

Regulation

Canadian Arctic and Norwegian Sea ECAs enter into force (Riviera Media)

International commercial and admiralty division launched in Malaysia to expedite dispute resolution (The Malaysian Reserve)

Nigerian Navy backs ELRA to enforce Equipment Leasing Act (Guardian)

New National Maritime Security Strategy – Protecting Ireland’s Seas (Byrne, Wallace, Shields)

Transport Canada Signals Expanded Regulatory Focus on Hazardous and Noxious Substances in Renewed Marine Emergency Services Consultations (McMillan)

Kyrgyzstan prepares Maritime Code: Kyrgyz-flagged fleet and vessel registry (24 KG)

White House releases America’s Maritime Action Plan (Norton Rose)

News & Opinion

Persian Gulf Hostilities - Charterparty Issues (NorthStandard)

Suez Canal Diversions: Who Bears the Costs When Ships Reroute Around the Cape of Good Hope? (Maritime Law Blog)

US-Iran Conflict FAQs (UK Defence Club)

Strait of Hormuz and The Persian Gulf: Legal implications (Thommesen)

Heavy weather at sea: managing risks on passage (Gard)

India’s Legal Vulnerability in Light of Strait of Hormuz Closure (Fox Mandal)

Is the Strait of Hormuz really closed? (Seatrade)

Refusing Transit Through the Strait of Hormuz War Risks Clauses and Owners’ Rights to Refuse Unlawful Orders (Squire Patton Boggs)

Conflict in the Gulf: Impact on Global Oil and LNG Markets (Vinson & Elkins)

Willemijn Putz joins Caland (Caland)

U.S. Government Steps into War Risk Market to Offset Middle East Disruptions (Montgomery McCracken Walker & Rhoads )

UK fatalities at sea: Coroner’s Court, crisis response, and lessons for owners, charterers and operators in high-risk regions (Stephenson Harwood)

Mideast War Tests LNG Contracts (Vinson & Elkins)

Strait of Hormuz – its closure and its implications (WFW)

Can Iran close the Straits of Hormuz – and what happens if they do? (BDM)

Force Majeure and Material Adverse Change – A Reminder of the Key Points (Squire Patton Boggs)

Strait of Hormuz closure (Hill Dickinson)

US/Israeli military intervention in Iran: Charterparty implications (Skuld)

The Domino Effect of the Strait of Hormuz – Legal Considerations for Global Trade and Energy Security (Ersoy Bilgehan)

Helmsman: Legal perspectives on navigating sanction risks in maritime deals (Manifold Times)

Commercial and Supply Chain Implications of the Gulf Conflict: Shipping, Contracts, and Insurance (Gibson Dunn)

Maritime security update: Gulf Region / Strait of Hormuz and Red Sea (Skuld)

USA/Israel and Iran Conflict: Effect on trade contracts (Floyd Zadkovich)

The Middle East conflict: Contractual and insurance implications (Gard)

War clauses – the US-Iran conflict (Birketts)

News & Opinion features practitioner analysis on salvage and LOF revisions, marine insurance conflicts and cyber/physical security in ports, plus industry commentary on MLC milestones, the shadow-fleet, and several Partner moves.

Case Law

Court of Appeal finds no manifest error in expert determination - WH Holdings Ltd -v- London Stadium LLP (Hill Dickinson)

Case Update – Mercuria Energy Trading SA v ONEX DMCC [2026] EHWC 130 (Comm) (Mills & Co)

Is a foreign judgment debt a debt? Servis-Terminal LLC v Drelle [2025] EWCA Civ 62 (20 Essex)

Without Limits? The M/V Dali Court Addresses the Potential Extension of the Limitation of Liability Act to Vessel Managers (Squire Patton Boggs)

Recent case law developments and regulatory updates in the UAE (Stephenson Harwood)

Is this maritime court case a model of China’s anti-sanctions law in action? (South China Morning Post)

Decommissioning in Focus: The Northern Endeavour Tow to Singapore (Wotton Kearney)

Demise of Fu Jing 001: Marine insurance liability and risk control (Chinese Business Law Journal)

Oceanus Capital SARL v Lloyd’s Insurance Company SA (Re M/V Vyssos) (MFB)

Regulation

All Foreign-Built Vessels at Risk? New U.S. Port Fee Proposals (HFW)

Sanctions: seizure of Russian-flagged tanker demonstrates major shift in enforcement (International Bar Association)

Paradigm Shift in Environmental Review of Deepwater Ports 50 Years in the Making (K&L Gates)

Navigating shipping in 2026: sanctions, trade wars and regulatory fragmentation (Thommessen)

The Beijing Convention and South Africa: A Question of Recognition, Not Reform (Clyde & Co)

Scotland’s ports can power the economy if ambition is matched by action (Addleshaw Goddard)

LOF revisited: What the revised LMA5654A means for owners, insurers and salvage decisions (DWF)

The Latest Developments in BIMCO: SUPERMAN 2025 and ASBATANKVOY 2025 (Mordiglia)

20 years of MLC: How proud should shipping be of its unique treaty? (Lloyd’s List)

UK Identifies Legal Route for Military Action Against “Shadow Fleet” Vessels (Shearwater Law)

From physical security to cyber resilience: Reassessing the ISPS code and port governance in South Africa (Clyde & Co)

News & Opinion

DWF in Hamburg: A fresh perspective (DWF)

When Policies Collide – Untangling “Other Insurance” Clauses (Fenchurch Law)

DAC Beachcroft adds experienced shipping lawyer Langton from LA Marine (DAC Beachcroft)

On the regulatory front we cover national and international measures—from Belgium’s draft powers to board “shadow fleet” vessels and the FuelEU regime’s commercial impact, to the Hong Kong and UN Conventions coming into force and new reporting obligations for lost containers.

All that as well as space‑weather impacts on navigation, growing concerns over vessel abandonment, the financial exposure of underwriters to a potential Russia crude ban, and the human and policy consequences of inadequate seafarer protection.

Index

1. Case Law

2. Regulation

3. News & Opinion

Case Law

Navigating change: How the Great Lakes decision is redefining marine insurance (Markel)

CI v IU: Hong Kong Court considers appealability of domestic and foreign laws under Hong Kong seated arbitration (UK Defence Club)

Confusion Clause in reinsurance agreements designed to avoid confusion over applicable dispute resolution forum (Hill Dickinson)

The Supreme Court’s Ruling on Fuel Sampling Procedures (Mordiglia)

Incompetent or Negligent? Admiralty Court Sets the Bar High (Steamship P&I Club)

The Heroic Idun – The Nordic Plan – Can anyone be certain about an “overriding political objective” (Tatham & Co)

Navigating Troubled Waters – Intersection Between The Laws Of Insolvency And Admiralty (Stephenson Harwood)

Too little, too late: Reservation of rights too late to be effective (Norton Rose)

Commodity trader successful in fraudulent nickel trade claims (Hill Dickinson)

Vexatious or oppressive? Testing sanctions risk as a factor for an anti-suit injunction (Stephenson Harwood)

Regulation

Belgium working on laws to allow shadow fleet vessels to be boarded (VRT)

Lost Containers at Sea: The New Reporting Obligation (Mordiglia)

Trump Administration Issues Maritime Action Plan (Winston & Strawn)

No time for ‘coasting’ as FuelEU regime becomes balance sheet issue (TradeWinds)

UN Convention on Negotiable Cargo Documents: focus and aims (Hill Dickinson)

Hong Kong Convention Enters into Force for Cyprus-Flagged Ships: Practical Implications for Shipowners and Managers (Harris Kyriakides)

News & Opinion

Solar storms at sea: Why space weather matters for shipping (Gard P&I Club)

Russia crude ban would cost marine underwriters hundreds of millions of dollars (Lloyd’s List)

Legislative Betrayal at Sea: Kenya’s Hollow Law Leaves Abandoned Seafarers Adrift (The Coast)

Shipping needs to fix its flaws or vessel abandonment will increase, says SRI (Ship Management International)

Regulatory developments explore the UN Convention on Judicial Sales of Ships entering into force, new national rules from Indonesia and Brazil, Malta’s evolving tax and agent standards, post‑Bow Jubail IOPC guidance, and OFAC and EPA moves.

Off‑spec bunkers, cargo theft trends, ship finance shifts and fleet seizures are in the News this week. And in Opinion we have pieces challenging the scope of anti‑suit injunctions, Jones Act shipbuilding, and the prospects for Nigeria as a centre for maritime arbitration.

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Index

1. Case Law

2. Regulation

3. News

4. Appointments

5. OpEd

Case Law

Charterparty damages and the “Res Inter Alios Acta” principle: A closer look at Skyros Maritime Corporation v Hapag-Lloyd AG [2025] EWCA Civ 1529 (DWF)

Late redelivery damages: Court of Appeal reaffirms market-based measure in Skyros Maritime Corp & another v Hapag-Lloyd AG (Norton Rose)

Can Owners Slow Down — Without Breach? Eco-Measures, CII, EU ETS and FuelEU Compliance, and BIMCO Clauses (Arun Kasi)

Commercial Court sheds light on the meaning of ‘typicals’ versus ‘guarantees’ in fuel oil dispute (Hill Dickinson)

Commodities in Focus Weekly - The “Happy Aras” [2026] EWHC 7 (Admlty) (Stephenson Harwood)

Regulatory

UN Convention on the International Effects of Judicial Sales of Ships to enter into force (Ehlermann Rindfleisch Gadow)

ACTIO Regulatory Analysis The Aftermath of The Bow Jubail: IOPC Funds Amended Guidance for Member States on the Definition of a “Ship” (Anggraeni and Partners)

FuelEU: the first deadline passes. Are you ready to comply? (WFW)

New IBAMA Regulation on Ship-to-Ship Operations Enters into Force (Mayer Brown)

More Trickle than Gusher- OFAC’s New Rules do Not Quite Signal New Venezuelan Oil Rush (Sheppard, Mullin, Richter & Hampton LLP)

Indonesia Updates Its Import Regime: Key Changes Under Minister of Trade Regulation No. 37 of 2025 (SSEK)

EPA as guard at the gates: The Agency’s strengthening enforcement of illegal chemical and pesticide imports (Hogan Lovells)

Tax Treatment of Highly Skilled Individuals Rules in Malta (LN 20 of 2026) vis-à-vis the Maritime Sector (Dingli and Dingli)

The code of standards for resident agents: Strengthening Malta’s position as a leading flag state (Ganado Advocates)

When economic warfare meets gunboat diplomacy: What to know about the US seizures of shadow fleet tankers (Holland & Knight)

OFAC Issues General Licenses Authorizing Certain Activities Involving The Venezuelan Oil Industry (Freehill, Hogan, and Maher)

News

Absolutely nuts: off-spec bunkers cut with cashew shell residues (Lloyd’s List / HFW)

Maritime security in the northern Black Sea: Operational realities and emerging risks (Skuld)

Red flags raised over growing cargo theft and freight fraud (Splash / Transported Asset Protection Association)

Trends in Ship Finance (Holland & Knight)

Lease-in lease-out structure allows shipowners to own leased vessels (Lloyd’s List / WFW)

Korean company faces £91m bill for ‘exceptionally serious’ disclosure failures (Law Gazette)

‘Zombie’ net zero push is danger to IMO, not us, says US official (Lloyd’s List / U.S. Department of State)

On The Move

Hamburg maritime team departs Clyde & Co to launch specialist maritime boutique (Leaders League)

Quadrant Chambers welcomes home Rob Lawson KC & Stephanie Barrett (Quadrant Chambers)

Expansion of LCI Law’s London Office Team (LCI)

Opinion

Rethinking the Scope of Anti-Suit Injunctions (National University of Singapore - Centre for Maritime Law)

Stop Studying and Build Ships (Charlie Papavizas / Winston & Strawn)

Challenges and Prospects of Maritime Arbitration in Nigeria (Foundation Chambers)

Increasing Private Equity Interest in U.S. Shipbuilding and the Jones Act Market (Holland & Knight)

This week’s edition includes precedent-setting court rulings on insurance, charterparty and jurisdictional disputes; developments in sanctions, decarbonisation and container safety.

There’s also practical operational guidance from passage planning to preserving evidence after a casualty; and commentary on arbitration, limitation regimes, and Letters of Indemnity.

Finally, we have an OpEd on the FOSFA Arbitration Rules by Vedanta Vishwakarma, as well as a list of senior industry appointments.

-Admiralty News

Index

1. Case Law

2. Regulation

3. Guidance

4. Appointments

5. OpEd

Case Law

Insurance

“The case raises important points about the nature of the loss insured under this MII policy wording, and the meaning of the proviso in the insuring clause that the insured peril “occurs or exists without the privity of the Assured”.” - Forgery, privity and fortuity: Commercial Court decides novel mortgagee’s interest insurance claim (7KBW)

“The implications of this decision are significant for any insurance policy that contains a ‘pay to be paid’ provision. Owners in this instance utilised a number of arguments in order to defeat the provision, but none were accepted by the Court of Appeal, reinforcing their strength and applicability under English law.” - MS Amlin Marine NV v King Trader Ltd [2025] EWCA Civ 1387: Paid, or not to be paid – that is the question for the onerous clause doctrine (DWF Group)

Remedies

“When considering the above question [in King Crude Carriers] one view taken is that, given the rising market, Sellers’ damages would be nil if their loss is calculated as the difference between the contract price and the market value of the vessel at the date of breach. That is the usual “market measure” starting point for damages on non-acceptance of a ship. However, in the original arbitration, Sellers argued for a different measure of damages (in addition to their debt claim): that they should be put in the same position as if Buyers had performed their contractual obligation to provide the KYC documents. If Buyers had done that, the deposit would have accrued as a debt. Hence, Sellers should be able to sue for an amount equal to the deposit as damages. That was the outcome of a 1984 Court of Appeal case on an earlier version of the Saleform (The Blankenstein).” - New judgments on Norwegian Saleform (ERG Legal)

“The Court of Appeal’s judgment in this case does not undermine the compensatory principle; rather, it clarifies how that principle operates in practice. Damages are assessed by reference to contractual rights and market conditions, not by scrutinising collateral dealings. As Lord Justice Males noted, English law does not always provide an exact indemnity, but it does strive for rules that are “easily and definitely found”.” - Skyros Maritime Corporation & Agios Minas Shipping Co v Hapag-Lloyd AG (MECO Group)

Sanctions

“In this case, sanctions were the initiating factor of a dispute regarding who had the right to appoint and remove a Trustee under loan participation notes (Loan Notes). However, the need to do so only arose because the original Trustee decided it could no longer act due to EU sanctions in relation to Russia. The dispute is, therefore, of wider relevance as it highlights the way in which international sanctions continue to impact the performance of otherwise legitimate contractual obligations and the approach that the English Court takes in such cases – within the specific context of financing documentation.” - Loan provisions and the impact of sanctions (Hill Dickinson)

Due Diligence

“The HAPPY ARAS is also a good example of the importance of an owner being able to prove due diligence with reliable evidence. The evidentiary burden lays with the owner, and certificates of competencies alone will not suffice. The English courts have made it clear owners need to go further to prove that they discharged their due diligence obligations.” - HAPPY ARAS: General Average recovery fails for want of due diligence (Hill Dickinson)

“The Judge set out the English law tests for establishing unseaworthiness by reference to crew incompetence, and what steps an owner may be expected to take to show it has satisfied its due diligence requirements. In this case, reliance on a master’s certificates and references alone was not enough. The Judge referred to case law detailing proper processes for appraisal, audits and evaluations of masters, which should be routinely conducted and recorded.” - Can incompetent crew render a vessel unseaworthy? (NorthStandard)

“The case of MV “CMA CGM LIBRA” shows that execution failures can have consequences as serious as planning problems. In past grounding incidents, even when the passage plan itself was good, failures in execution and supervision were seen as problems in bridge team management, leading to an ISM failure. These issues ultimately led the court to find the vessel unseaworthy. This highlights an important point: a plan that isn’t followed can be just as bad as a poorly made plan.” - Passage plan best practice – organisation (Skuld)

“An English Admiralty Court judgment on a collision case is noteworthy and to be accorded due weight, particularly in common law jurisdictions. However, while the Kiveli judgment aimed to bring clarity to seafarers, in practice the tangible impact may be limited.” - Collisions – do Admiralty Court decisions assist mariners? (Hill Dickinson)

“These decisions - in 2023 and again in 2025 - collectively underscore the robustly pro‑arbitration attitude of the Hong Kong courts. Hong Kong courts are willing to issue and maintain anti‑suit injunctions to protect the integrity of Hong Kong‑seated arbitrations, even amid intense cross‑border and sanctions‑related pressure. The latest judgment in 2025 further re-affirms the strictness of compliance obligations and that Hong Kong courts will not tolerate tactics aimed at undermining arbitration through foreign proceedings.” - Hong Kong Court maintains anti-suit injunction restraining foreign court proceedings that violate the contractual arbitration agreement (UK Defence Club)

Tort

“Even though the tort of conversion can hold liable parties that had acted inconsistently to the rights of a claimant with exclusive possession of the goods (albeit without a positive intention to challenge the claimant’s rights), this case makes clear that the claimant has to show a causative link between the acts of the parties and the claimant’s loss in order to establish liability.” - Does an instruction to issue delivery orders constitute conversion? (Stephenson Harwood)

Undisclosed Principals

“The Court of Appeal reaffirmed that liability of an undisclosed principal requires actual authority, not ostensible authority or mere economic interest. The Exporters were not parties to the LOIs, and the English court lacked jurisdiction over them.” - Know Your LOI Counterparty: Lessons from the Court of Appeal (Steamship)

Implied Terms

“This judgment reaffirms that a term will only be implied where it is strictly necessary to make a contract work, and not to render an agreement reasonable, fair, or commercially desirable. As contractual certainty remains a cornerstone of English commercial law, courts will only imply terms in exceptional circumstances and will not do so simply to rebalance risk or mitigate an unfavourable outcome. Therefore, where parties have expressly allocated risk, that allocation will be enforced as written.” - The Maltese Falcon: Commercial Court reaffirms that where a contract expressly allocates risk, implied terms will not remedy the outcome (UK Defence Club)

Disclosure

“Furthermore, this judgment confirms that merely because parties have concluded an agreement to the effect that, as between them, documents are to be regarded as confidential, this will not be a bar to a [South African] Court ordering the disclosure of such documents on the basis that they are not privileged.” - Legal Privilege vs Confidentiality (Cox Yeats)

Regulation

Decarbonisation

“As FuelEU introduces new concepts and practices for the shipping industry, and the industry has not yet experienced even one full compliance cycle, there is a lack of settled norms and mechanisms for parties to adopt or fine tune. Neither are there established customs which a Court or Tribunal could look to when interpreting a time charterparty, and seeking to ascertain what the parties intended, should disputes in connection with pooling and compensation later arise.

In an era of creativity and experimentation, while the industry works out how to respond to the opportunities and risks presented by FuelEU, the importance of the express terms of the time charterparty is elevated.” - Maritime Decarbonisation: Five questions for 2025 gift wrapped - owners and charterers (Stephenson Harwood)

“For ships sailing to, from or within the EU, biofuels that do not meet the sustainability criteria set out in RED III and the additional sustainability criteria of FuelEU (which pertain to particular feedstocks) will not be awarded the lower emission factor attributed to fully compliant biofuels, and may even be awarded the emissions factor of the least favourable fossil fuel comparator.” - Maritime Decarbonisation: Five questions for 2025 gift wrapped - banks and financiers (Stephenson Harwood)

“It’s fair to say that a laser focus on risk allocation becomes more and more important because there is an increasing number of risks playing out, and to have a proper view on regulation on the allocation between owners and charters is becoming more and more important,” said Thommessen’s Henrik Hagberg. “And then, given the state of affairs and the shifting environment we have, it is very recommendable to add in some sort of flexibility in the charters.” - Shipping facing ‘complete mess’ without IMO Net-Zero Framework (TradeWinds)

“The Amended CBAM Regulation introduces a more proportionate penalty regime, (i) allowing for reduced penalties if errors are caused by third-party data, which recognises the complexities of international supply chains, but also (ii) imposing penalties for importers who exceed the exemption threshold without proper authorisation (but releases them from further declaration obligations upon payment).” - Operationalisation and simplification of the EU CBAM: Starting the year with a CBAM (HSF Kramer)

Sanctions

“The new Italian regime also means penalties apply to anyone who fails to provide the authorities with information relating to funds or economic resources belonging to or attributable to designated persons, entities, bodies or groups. Jail terms could be increased by up to one-third where “aggravating circumstances” are involved, said CJC’s Enrico Vergani, Marco Mastropasqua and Giulia Morelli.” - Lawyers warn over Italian jail sentences as new sanctions regime begins (TradeWinds)

“The EU FAQs include a recommendation that operators insert a contractual clause with their supplier in the purchase contract of imported products, containing a guarantee (e.g. requesting an attestation of assurance) of non-Russian crude oil origin, to try to give contractual protection if it is subsequently established that Russian crude oil was used for refining of the imported petroleum products. Any such clause would need to be agreed at the latest at the time of the import, purchase or transfer of the relevant petroleum products.” - Sanctions against Russia: Entry into Force of the EU Ban on Petroleum Products Derived from Russian Origin Crude Oil (UK Defence Club)

Flag States

“Open registries have historically been accused of laxity in vetting shipowners seeking to use their services. Whatever the shortcomings previously, Bill Gallagher insists that it very much no longer standard practice. “Registries now have more personal relationships. When we started this thing out, we didn’t know the guys on the other side of the table from Adam. Now our general counsel Meredith Kirby is regularly on the phone with Liberia on these issues. You start by having a framework and you can build from that.” - Crack down on ‘Mickey Mouse flag states’, Marshall Islands urges (Lloyd’s List)

SOLAS & MARPOL

“It is important to note that, notwithstanding the increased responsibility falling on third parties, the shipowner and operator will remain the primary, if not the sole, target for loss recovery in the first instance. This includes claims regarding wreck removal, pollution clean-up, and third-party damage.” - Container losses; the 2026 SOLAS and MARPOL amendments (Hill Dickinson)

Trade Remedies

“At the close of the year, the FMC’s flag-of-convenience investigation remains open and unresolved, potentially representing a longer-term challenge to established international maritime practices. The USTR fees also remain in regulatory limbo, suspended but not eliminated, with the prospect of resumption, possibly at escalated levels, hanging over the industry as bilateral negotiations proceed.” - Storm Tossed Shipping Policy (Chalos Law)

“When a vessel is permitted under the charter party to trade to the US, shipowners and charterers should consider incorporating clauses that clearly allocate responsibility for AMS and AES compliance in light of the lack of clarity.” - Uncertainty over who constitutes ‘carrier’ under US import/export rules, Gard warns (Lloyd’s List)

Resource Governance

“Legal and governance concerns also persist. Internationally, debate continues over the appropriate role and authority of the ISA under UNCLOS. NOAA’s exercise of authority under DSHMRA—a domestic statute enacted prior to the creation of the ISA—has drawn scrutiny from stakeholders who question how U.S. licensing decisions align with evolving international norms and expectations.” - Critical Minerals at a Critical Point: NOAA’s Decision Point (Perkins Coie)

Limitation of Liability

“The Limitation Act in the United States is somewhat unique as compared to limitation provisions in other countries, namely with respect to how the fund is calculated, who is entitled to limit, and what a claimant must prove to break an owner’s right to limitation. There are many factors to consider in deciding whether and when to assert the right to limit, be it in an affirmative action or as a defense. That said, the possibility of potential limitation of or exoneration from liability after a casualty event is generally one worth pursuing.” - The Limitation Act in the United States: A Deeper Look (Blank Rome)

Guidance

“For charterers, it is critical that the adverse consequences of cargo damage that are indemnified under a rain LOI be restricted to wet damage and, further, such wet damage being freshwater wet damage and not seawater wet damage. Simply stating ‘cargo damage’ in a rain LOI wording without further specifying ‘wet damage’ may expose charterers to shipowner’s indemnity claims for cargo damage which have nothing to do with precipitation.” - Rain letters of indemnity – guidance for shipowners and charterers (Penningtons)

“Property and maritime insurance may seem miles or even oceans apart, but both are ultimately anchored in the same truth. The measure of an insurer’s duty is reasonableness, not perfection. Whether you operate on land or at sea, recognizing which framework you are in, and why it operates as it does, is what allows you to navigate it effectively.” - From Dock to Doorstep: Exploring Good and Bad Faith Across Land and Sea (Cozen O’Connor)

“A recent incident involving a handymax bulk carrier at an exposed anchorage illustrates the consequences of inadequate anchor watchkeeping. Strengthening winds and moderate traffic were not appropriately factored into the vessel’s watch arrangements. The failure to conduct regular position checks, combined with overreliance on electronic alarms—some of which had been silenced earlier due to false alerts—resulted in the vessel dragging anchor unnoticed. The subsequent collision with a neighbouring tanker led to hull damage, operational delays, and pollution-control requirements, generating substantial financial expenditure and P&I liabilities.” - Maintaining an effective bridge watch while at anchor (Skuld)

“[I]t is generally considered best practice in the United States for the crew not to draft written statements, which may be considered as recounting facts and thus would be discoverable. Such written statements are often incomplete and inaccurate as the crew may not be aware of what is important or relevant. Further, it is prudent to limit distribution and avoid broad internal circulation of sensitive communications. Vessel interests and counsel should also consider separating any legal analysis from operational updates in the same document or e-mail chain in order to best protect attorney-client privilege.” - The Casualty Occurred, Now What? Preserve the Evidence! (Blank Rome)

Appointments

Commenting on these appointments, Head of Chambers, Poonam Melwani KC says:“We are thrilled to celebrate the success of Caroline Pounds and Gemma Morgan on their appointment as King’s Counsel. Both are outstanding advocates and role models, and we are delighted to see their excellence recognised. A fantastic achievement, and one that will encourage and inspire other women at the Bar.” - Caroline Pounds & Gemma Morgan to be appointed King’s Counsel in 2026 (Quadrant Chambers)

Ishfaq Ahmed (Head of 36 Stone) comments: “On behalf of 36 Stone, I warmly congratulate Ravi Aswani on his appointment as King’s Counsel. This is a thoroughly deserved recognition of his outstanding advocacy, ability, and contribution to the profession. We are all immensely proud of his achievement.” - Ravi Aswani to be appointed as King’s Counsel (36 Stone)

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OpEd

Author: Vedanta Vishwakarma

FOSFA Arbitration Rules 2025: Key Procedural Changes and their Commercial Implications

Introduction and Background

The Federation of Oils, Seeds and Fats Associations (“FOSFA”) is a London based international trade association focused on the global trade of oils, oilseeds and fats. Established in 1971, FOSFA provides standardized contracts, arbitration services, and guidelines to ensure fair and efficient trading practices among its members, which include producers, traders, brokers, and shipping companies.

FOSFA’s key contribution lies in its standardized international contracts, widely used in the industry for trading commodities like soybeans, sunflower oil, palm oil, rapeseed, and related products. These contracts define terms for delivery, quality, shipping, and dispute resolution, providing legal clarity and reducing transaction risks.

The organization also offers arbitration services to resolve commercial disputes quickly and cost-effectively, as an alternative to litigation. Its arbitration awards are enforceable globally, making it a trusted authority in international trade.

Effective from 1 April 2025, FOSFA has implemented notable revisions to its Arbitration and Appeal Rules. These amendments introduce clearer procedural standards and reflect a stronger alignment with established English arbitration principles. In this article, I outline the principal differences from the 2024 Rules and explain why they are significant for stakeholders across the agri-commodities trade.

1. Jurisdictional Decisions: No Internal Appeals Permitted

2024 Position:
The prior rules recognised that arbitrators had the authority to rule on their own jurisdiction but offered limited guidance on how such issues would be handled, and whether parties could contest such rulings within the FOSFA framework.

2025 Update:
The revised Rule 5 clarifies that arbitrators now have two procedural avenues when jurisdictional challenges arise: they may (i) issue a standalone jurisdictional decision, or (ii) address jurisdiction within their final award. Crucially, any jurisdictional ruling—whether preliminary or final—is not open to appeal within the FOSFA system. This formalises a position that was previously uncertain, closing a significant procedural gap.

Commercial Implication:
This change restricts parties from using jurisdictional challenges as a tactical delay mechanism. It promotes procedural certainty and efficiency at the cost of flexibility in contesting tribunal competence within the FOSFA framework.

2. Award Payment Procedures: Structured Timeline Introduced

2024 Position:
Previously, both parties bore joint responsibility for the payment of arbitration fees following the issuance of an award. While parties were required to settle costs within 42 days of notification that the award was ready, the rules did not stipulate who should pay first. Although it was clear from the previous rules that if the said payment is not made in 42 days, the right to appeal would be lost.

2025 Update:
The new rules introduce a sequenced payment structure. Initially, the claimant is given 21 days to pay the applicable fees. Should the claimant default, the respondent is offered a 7-day window. If neither party pays within a total of 28 days, FOSFA may list the defaulting party and notify its members under Rule 11(c). This framework also applies to FOSFA appeal awards.

Commercial Implication:
This amendment introduces accountability and transparency into the cost recovery process. It incentivises prompt payment and provides reputational consequences for non-compliance, reinforcing the importance of timely financial follow-through.

3. Appeals: New Trigger Date for Limitation Period

2024 Position:
The time limit for lodging an appeal previously commenced from the date the award was dispatched to the parties. FOSFA would date the award once it was prepared and notify the parties after fees were settled.

2025 Update:
Rule 6(b) now stipulates that the award will be dated only after full payment of arbitration costs by both parties. Rule 7(a) further provides that the 28-day appeal period begins from the award’s date—not from its dispatch. This change aligns with section 70(3) of the Arbitration Act 1996, which was affirmed in the High Court’s decision in Eronat v CPNC International (Chad) Ltd [2024] EWHC 2880 (Comm).

Commercial Implication:
This seemingly technical clarification is operationally important. Parties must monitor the date on the award document itself rather than relying on receipt or notification. Delayed receipt will no longer extend appeal deadlines, underscoring the need for meticulous timeline management.

4. Participation of Legal Representatives: Expanded Discretion

2024 Position:
Legal counsel were not permitted to appear in first-instance FOSFA hearings, except on appeal and only where the arbitrators deemed the matter particularly important.

2025 Update:
Under the revised rules, parties may now present their cases orally, in writing, or both at first instance. Legal representation is now permissible at this stage—but only in significant matters and subject to the arbitrators’ discretion.

Commercial Implication:
This rule change affords greater flexibility for parties to seek legal advocacy in complex or high-stakes disputes. While still restrained by arbitrator oversight, it marks a move toward more formal proceedings in certain cases.

5. FOSFA’s Exclusive Jurisdiction: Now Expressly Stated

2024 Position:
The prior version required arbitration in London but did not state that FOSFA held exclusive administrative authority over such proceedings.

2025 Update:
The revised rules now affirm that FOSFA is the sole institution authorised to administer arbitrations conducted under its rules.

Commercial Implication:
This removes ambiguity and confirms FOSFA as the exclusive forum for dispute resolution under its standard contracts. This provides clarity and prevents parallel proceedings or jurisdictional forum shopping.

Conclusion

The 2025 amendments to the FOSFA Arbitration and Appeal Rules signal a move toward enhanced procedural rigour and predictability, offering greater alignment with English arbitration norms. While these changes introduce tighter controls and more explicit obligations, they ultimately serve to strengthen confidence in FOSFA’s dispute resolution framework.

For agri-commodity traders and industry participants, the practical implications are clear: monitor deadlines diligently, budget for prompt cost payments, and plan dispute strategies with a full understanding of the reduced procedural flexibility.

Sanctions and seizures

“The US has now formally said the quiet part out loud. If the Supreme Court ultimately rules that these IEEPA tariffs were unlawfully collected, Customs will refund them. Full stop.” — Pete Mento (Lloyd’s List)

“This only applies to the crude oil price cap. The price caps of $100 on high-value refined oil products... and $45 on low-value refined oil products... remain unaffected.” (plus wind-down timing) — Charlotte Murphy (UK Defence Club)

“HFW’s Daniel Martin said he had the impression that the US will be minded to lift sanctions at some point in future... ‘Trump is effectively requisitioning Venezuela’s oil reserves. He will be less concerned about PDVSA’s interests, because it wouldn’t have any. Their assets are being taken away from them.’” (Lloyd’s List)

“The situation has highlighted the growing uncertainty over the legal protections traditionally offered by flag states; in particular, the seizure of foreign-flagged vessels outside US waters raises questions about the robustness of flag state jurisdiction in shielding operators from extraterritorial enforcement. This ambiguity is likely to attract increased scrutiny from insurers, classification societies, and port authorities...” — Max Lim and Akshay Misra (Penningtons)

“What’s new this past year is that the US is enforcing [its policy] with an actual blockade, which is outside the scope of sanctions law... The military are saying, we will physically stop you. That’s not a question of law, that’s a question of military action.” — Daniel Pilarski (Lloyd’s List)

Compliance and enforcement trends

“The pace and unpredictability of sanctions today mean businesses can no longer rely on traditional compliance frameworks.” — Daniel Martin (TradeWinds)

“Unlike in prior years, when inadvertent mistakes often qualified for the CBP’s prepenalty mitigation or voluntary disclosure programs, the task force’s May 2025 white-collar enforcement plan prioritizes ‘accountability and deterrence.’ The task force may potentially escalate even negligent violations to criminal review under Title 18...” — Sean Pribyl, Stephanie Connor, and Ashley Akers (Holland & Knight)

“The decision confirms that in order for the illegality defence to be available under English law, the act complained of must be performed in the territory in which it is deemed illegal. This conclusion potentially renders any UK foreign policy assessment irrelevant.” — Nicolas Aeschlimann and Reema Shour (Hill Dickinson)

Remedies and liens

“For shipowners, the key takeaway is that notice remains a prerequisite for the crystallisation of a lien over sub-freight, even in an insolvency context. Absent timely service of a Notice of Lien prior to the commencement of winding up, any attempt to enforce the lien is likely to be characterised as a post-liquidation disposition.” — Peter Doraisamy and Chara Lam (PD Legal)

“This decision is useful for confirming the scope of an arbitral tribunal’s powers to order anti-suit relief and the Court’s powers to enforce such relief.” — Iain Sharp and Reema Shour (Hill Dickinson)

Charterparty damages

“What remains less clear is whether the Court of Appeal intended to establish a fixed principle that the market-rate differential will always represent the correct measure of damages for late redelivery, or whether its conclusion arises from the application of the res inter alios acta principle.” — Emma Nowell (Stephenson Harwood)

“The Court of Appeal chose to address the point on user damages as an alternative reasoning for the recovery of substantial damages... they were of the opinion that this could not be applied to the late redelivery of a ship because... it was nevertheless a use to which the owners had agreed.” — Marie-Anne Moussalli (Clyde & Co)

Demurrage, detention, and FMC compliance

“This FMC order is now the leading authority on Shipping Act compliance for demurrage and detention invoices and tariff publication... Ocean carriers, NVOCCs, and MTOs should regularly audit and update public tariffs...” — Julie Maurer, Benjamin Nashed, and Serena Tang (Husch Blackwell)

Port regulation

“By bringing contractual enforcement into the scope of inspection, ANTAQ is heightening scrutiny of performance and compliance with obligations related to investment, capacity, efficiency, maintenance, operational safety and service levels... For container terminals and carriers, the additional focus on pricing and service regularity (delays and omissions) signals attention to both commercial and operational practices.” — Gabriela Martelo and Juliana Senna (Tauil Chequer)

S&P non-payment protections

“Under the EU Capital Requirements regulations as applicable to European lenders, such non-payment insurance can reduce the risk weighting of a transaction, thereby lowering the capital reserve requirements for banks.” — Philippe Monfort (WFW)

Step-in agreements

“Step-in agreements were once confined to project-financed shipping. Today, they are increasingly relevant to charterers across all sectors... For charterers, understanding how step-in rights work, how they interact with insurance cover, and when they might be triggered is an important part of managing operational risk.” — Marko Kershoff (Skuld)

Cybersecurity

“This circular, therefore, represents a step forward in recognizing the close interconnection between proper cyber management and navigation safety. In doing so, the Italian legislator has aligned its regulations with IMO guidelines and the European NIS2 Directive (which sets cybersecurity standards for EU member states).” — Alessandro Poggi (Mordiglia)

FuelEU Maritime

“Ship management terms are often based on BIMCO’s standard FuelEU shipman clause, though with considerable variation in implementation. A key area of divergence concerns security arrangements... Negotiating positions vary extensively depending on the parties’ relative bargaining power...” — Rikke Juul Hesse Rasmussen, Morten Berggreen, and Thomas Edelgaard Christensen (Gorrissen Federspiel)

Tariffs

“Automotive exports would face the sharpest pressure, with potential order deferrals and production adjustments. Mining and metals could see margin compression and diversion to alternative markets... Agriculture, particularly citrus, nuts, and wine, would be vulnerable due to thin margins and seasonal shipping windows.” — HB Senekal (Bowmans)

Supply-chain risk

“Far too often teams will simply ‘dust off’ contract terms when going to market. This risk environment necessitates thoughtfulness in contract structures, ancillary documents such as Purchase Orders and Supplier Codes of Conduct... Distinct terms can be used to reasonably address every identified risk.” — Jonathan Todd (Benesch)

Market moves

“Andrew Carter’s and Matthew Williams’s relocations, along with Richard’s hire, underscore our long-term commitment to Abu Dhabi. By embedding senior sector specialists on the ground, we are well positioned to support clients delivering some of the capital’s most strategically important transport and energy projects and transactions.” — Robin Hickman (Addleshaw Goddard)

“This partnership reflects our long-standing connection to the maritime sector and our belief that pro bono work should be purposeful, well-structured, and aligned with the causes we know best. The Seafarers’ Charity plays a vital role in supporting seafarers and their families...” — Chris Grieveson (Wikborg Rein)

Governance

“For the first time, the global community has a legal mechanism [the High Seas Treaty] to protect the parts of the ocean that belong to no one state,” said Kevin Chand, director of Pacific ocean policy at Pristine Seas. (RFI)

Pou Sothirak, Senior Advisor at the Cambodian Centre for Regional Studies, said Cambodia’s decision to ratify UNCLOS is to be commended. He credited the government of Japan for playing a catalytic role in encouraging and supporting Cambodia in the process. (Khmer Times)

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