Nord Stream, no-lien clauses, and MII

Plus: IMO autonomous shipping code, EU ETS loophole closes, and GPS jamming liabilities.

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Case Law

• Court of Appeal rules on landmark Mortgagees’ Interest Insurance dispute (4 Pump Court ; Hill Dickinson)

  Lenders and shipowners must review their mortgagees’ interest insurance policies to ensure coverage remains enforceable against war-risk carve-outs.

• Court dismisses Nord Stream pipeline insurance claim (HFW)

  Infrastructure operators must prepare for strict judicial enforcement of war and government-sabotage exclusions in primary property policies.

• Fifth Circuit confirms tug supplier acquires maritime lien despite charterparty no-lien clause (Chalos Law)

  Vessel owners cannot rely solely on standard charterparty no-lien clauses to protect their fleets from third-party suppliers asserting statutory maritime liens.

• Hill v. Jackson Offshore and the delegation clause (OE Digital)

  Well-drafted delegation clauses will successfully insulate operators from preliminary court litigation by forcing seaman disputes directly to arbitration.

• SCA sets aside tax authority demand against clearing agent in fuel transit dispute (Shepstone & Wylie)

  Clearing agents and logisticians gain a powerful defense against arbitrary state tax demands through the enforcement of strict administrative fair play.

• Australian Federal Court clarifies admiralty jurisdiction (AustLII)

  Litigants must strictly satisfy local procedural thresholds to prevent courts from setting aside arrest and security warrants.

• Unserviceable and abandoned vessels in harbours: Can injunctions assist? (Ashfords)

• English Court of Appeal upholds 4% monthly default interest introduction (HFW)

• Appeals court upholds FMC’s authority to strike down unreasonable container detention fees (gCaptain)

• Briety Shipping v Trafigura: Commercial Court holds LNG hire spread cannot be read as an absolute value (Solicitors Journal)

Regulatory

• Important regulatory changes for non-EU banks providing financial services to EU shipping companies (Stephenson Harwood)

  Third-country shipping financiers must urgently assess compliance hurdles under the new EU capital requirements framework to avoid transaction disruptions.

• First Nation challenges Vancouver port dredging approval over tanker expansion concerns (gCaptain)

  Takeaway: North American terminal operators should build indigenous consultation directly into project timelines to mitigate severe federal injunction risks.

• Ships to pay higher EU carbon fees as Brussels seeks to close loophole (ADVANT Nctm)

• IMO adopts international safety code for autonomous shipping (Hill Dickinson ; Stephenson Harwood)

• Deep seabed disputes: ISA responds to unilateral mining challenges (NCLOS ; Vinson & Elkins)

News & Opinion

• Demurrage claims and the pumping warranty (Britannia P&I)

• Cargo claims under Indonesian shipping law and implementing the limitation of liability (ARMA Law)

• Strait of Hormuz transit security and vessel arrest risks (TradeWinds ; Foley)

• Global offshore wind expansion and turbine wake effect disputes (Splash247 ; Splash247)

• Going dark: Legal risks of GPS jamming and AIS spoofing in charterparties (HFW)

• Ripples beyond off-hire: The continuing reach of The Global Santosh a decade later (Hill Dickinson)

• Navigating Nuclear: A leading light for nuclear maritime applications (K&L Gates)

• Stateless ships seek quick flag changes before entering European waters (Lloyd’s List)

• Casualties in shipping: When no one is to blame but someone pays (Noorden Jones)

• Is the Baltic facing existential damage from VLCC rate row? (TradeWinds)

• Insurance that covered terror, not war, leaves companies rushing for cover (WSJ)

• Fishery claims rise in South Korea waters (Gard)

• Infrastructure expansion and port tariff adjustments (PortNews)

• Simms Showers LLP announces new senior maritime hires (Simms Showers)

Disclaimer: This newsletter is provided for general information only and does not constitute legal advice. No attorney-client relationship is created. You should seek specific legal advice for your circumstances.

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