The Admiralty Newsletter - 19 January 2026

Expert analyses of maritime law, regulatory developments, and landmark cases delivered to your inbox every Monday.

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)