Sanctions shake-up: Navigating the new West-versus-West divide
Plus: FPSO risk allocation, BIMCO hull fouling, CO2Time, and green tax credits.
OFAC’s sudden 60-day general license for Iranian oil transactions combined with tightening EU pressure on Russian crude makes for rapid compliance recalibration. Meanwhile, we have new ITLOS guidance on state enforcement, expanded trafficking liabilities under the Helms-Burton Act, more analysis of the expanding cargo rules in China and Indonesia, and analysis of trends in underperformance, speed, and consumption claims.
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Case Law
US Supreme Court expands trafficking liability under Title III of the Helms-Burton Act (Cadwalader)
Maritime operators face heightened litigation risks as the US Supreme Court expands what constitutes actionable “trafficking” in confiscated Cuban property.
Heroic Idun: learnings from landmark ITLOS ruling (Gard)
This landmark ruling clarifies coastal state enforcement rights and P&I club coverage duties during unlawful vessel detentions.
Fifth Circuit compels arbitration in Jones Act seaman case (Phelps)
Shipowners can continue to rely on robust enforcement of arbitration clauses in employment contracts involving US maritime workers.
Court disallows very late amendments to arbitration claim (Hill Dickinson)
Litigants must advance all primary claims early, as courts will strictly reject eleventh-hour amendments that prejudice the defence.
Hull cleaning costs under BIMCO hull fouling clause (Steamship Mutual)
A rare ruling on the BIMCO Hull Fouling Clause for Time Charterparties found that charterers were not obliged to clean the hull before the vessel departed the idle port
Indicative or binding CIF delivery dates and the time-critical right to reject (Reed Smith)
Triumph of business common sense: banking days local concept (Mills & Co)
Underperformance without good weather – Part II: Alternative methods (Skuld)
Recent legal developments in 2026 in underperformance (speed and consumption) claims (Birketts)
Regulatory
OFAC issues temporary 60-day General License authorising Iranian oil and petroleum transactions (HSF Kramer; Pillsbury; Akin Gump; Gibson Dunn; Reed Smith; Blank Rome)
A remarkable - if temporary - departure from the comprehensive United States sanctions framework that has constrained Iranian energy trade for decades.
Tightening the vise: E.U. continues sanctions pressure against Russian-origin oil (Foley Hoag)
E.U. sanctions as well as the E.U.’s implementation of the G7 Price Cap Policy on Russian crude and petroleum may not necessarily align coterminously with U.S. sanctions and the U.S.’s implementation of the G7 Price Cap Policy.
Indonesia’s new direction and competition law risks in centralised commodities exports (Rajah & Tann; JTJB)
New China Maritime Code: key cargo issues for carriers (Gard)
Argentina approves the Nairobi Wreck Removal Convention (Marval)
A new era in ship recycling: Turkey’s regulation on the authorisation of facilities enters into force (Ersoy Bilgehan)
Navigating toxic waters: maritime pollution liability and enforcement in Malaysia (HHQ)
News & Opinion
Section 45Z renewable fuel standard marine fuels (Bracewell)
How US tax credits influence investment decisions and compliance strategies for alternative marine fuel bunkering.
On the horizon 2026: CO2time 2026 – a new frontier and where to next (Sands)
Does shipping need a bespoke charterparty for a cargo that has yet to reach anything close to commercial scale?
Uncharted waters: risk allocation in FPSO and FLNG contracts (Haynes Boone)
Traditional frameworks in EPCIC contracts are being tested to their limits. How should risk be rebalanced?
Disclaimer: This newsletter is provided for general information only and does not constitute legal advice. No lawyer-client relationship is created. You should seek specific legal advice for your circumstances.