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ONC The Voyager - February 2017 Issue

2017-02-01

Cover Story

Must a Carrier First Disprove Negligence in order to Rely on the Defences under the Hague Rules?

In a recent case, the English Court of Appeal has considered the much-debated question of whether a carrier can rely on the defences under Article IV Rule 2 of the Hague Rules when confronted with an allegation of breach of Article III Rule 2 by way of negligence. The Court has clarified that a carrier does not first need to disprove negligence before it can rely on the defences under Article IV Rule 2 of the Hague Rules...


Shipping News Highlights

  • APL launches weekly service linking New Zealand to North Asia
  • Koch gets another Diana vessel on time charter
  • Cosco Shipping new semi-submersible to serve Shell deep-water drilling project
  • Jinhui offloads property assets for US$12.6m

Recent Cases Highlights

  • Transgrain Shipping (Singapore) Pte Ltd v Yangtze Navigation (Hong Kong) Co Ltd
  • Oldendorff GmbH & Co Kg v Sea Powerful II Special Maritime Enterprises; Oldendorff Carriers GmbH & Co Kg v Scit Services Ltd; Scit Trading Ltd v Xiamen C&D Minerals Co Ltd (The “MV Zagora”) 
  • Regulus Ship Services Pte Ltd v Lundin Services BV and another


Shipping Q & A

Conducting Maritime Arbitration in Hong Kong (Part II)

As mentioned in our previous issue, there has been a phenomenal growth of arbitration as a mechanism for resolving shipping disputes in most jurisdictions, including Hong Kong. To give you a more complete picture of maritime arbitration in Hong Kong, the general maritime arbitration procedures in Hong Kong will be discussed as below...



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Partner
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