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CJC Currents - Winter 2022

Welcome to CJC Currents, the publication from Campbell Johnston Clark which offers a blend of industry updates, practical reviews of key cases affecting international trade and company news.

Unsafe port claims and the war in Ukraine

Owners and charterers need to consider a range of issues carefully and take appropriate measures whenever a voyage is contemplated to one of the Black Sea Grain Initiative ports. Andrew Gray, CJC Director and Mariner, offers a brief overview of the legal impact on vessels trading into Ukraine’s Black Sea ports following the Russian invasion on 24 February 2022.

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Ship recycling disputes to break cover


Reports of Pakistan’s in-principle decision to ratify the Hong Kong Convention on Ship Recycling re-emphasise a parting of the ways on international regulation for ship demolition, as falling freight rates accelerate scrapping but the EU continues to exclude leading facilities from its approved list.
 
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Catch up on Marshall Islands Netting Law


Expected to enter into force by the end of 2022, the Marshall Islands Netting Act is the positive response to the Republic’s interaction with ISDA on the enforceability of derivative transactions, close-out netting and related financial collateral arrangements. Alastair Macaulay, Marshall Islands counsel and consultant with the law firm Campbell Johnston Clark, explains.

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Vessel performance precedent restated

The applicable method for the determination of cases concerning speed and performance issues (the ‘good weather’ method) have been enshrined in legal precedent for decades. In the recent case of Eastern Pacific Chartering Inc v Pola Maritime Ltd, Ms Clare Ambrose (a maritime arbitrator sitting as a deputy judge of the Commercial Court), considered Charterers’ proposition of an alternative method for assessing the Vessel’s performance (the RPM method). Summary by Lucinda Roberts, Senior Associate, CJC.  

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Sanctions, force majeure and “reasonable endeavours”

The Court of Appeal has handed down its decision in an important judgment in MUR Shipping BV v RTI Ltd relating to sanctions and payments which are in breach of sanctions. Can a party seeking to rely on a force majeure event reject an offer of alternative performance which departs from the contractually agreed method? Summary by David Owens, Director, CJC and Keeley Edmondson, Associate, CJC. 

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Laycan clarification for S&P agreements

The English High Court decision in Vitol SA v JE Energy Ltd [2022] EWHC 2494 provides useful clarification as to the meaning of laycan under a sale & purchase agreement as well as on the interrelationship between the terms of a sale & purchase contract and its corresponding letter of credit. Alex Hudson, Director, CJC and Maria Azevedo of Ocean Network Express (Europe) Ltd summarise the case. 

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Legal views from Maritime SheEO


Campbell Johnston Clark partner and director Jacqueline Zalapa was delighted join a panel of experts and moderate the session on sustainability and ship recycling at the Maritime SheEO Conference, at the Taj Santacruz hotel in Mumbai, India on 16 November.

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Adding to CJC talent


Campbell Johnston Clark continues to add talent to its team of specialists in shipping and international trade. Recently, we were glad to welcome two new Trainee Solicitors to our London office. 

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The Times Best Law Firms 2023


We are delighted to note that Campbell Johnston Clark is included in The Times Best Law Firms of 2023 - the prestigious list which identifies the legal practices offering the best lawyers for business, including maritime, public and client law. Inclusion means that CJC has been commended by peers for its specialisation in all aspects of shipping and international trade law.

View the full listing >

CJC at the Comité Maritime International

October brought a  terrific chance to catch up with contacts from the maritime legal community at the CMI 2022 Conference in Antwerp and celebrate the 125th anniversary of the Comité Maritime International.

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CJC celebrates a round dozen 

All four CJC offices were strongly represented to welcome clients and industry partners to the recent celebration of the firm’s 12th anniversary, held in London. Festivities kicked off at CJC’s newly revamped head office near Tower Bridge, before transferring to the Walkie Talkie building’s Sky Garden.

Alistair Johnston thanked clients and industry partners alike for the trust they have placed in  CJC from its foundation in 2010. With offices in London, Newcastle, Singapore and Miami, and approximately 50 fee earners plus its invaluable support staff, CJC is ranked as one of the best firms for shipping litigation and recently secured a separate Legal 500 ranking for its transactional work in shipping finance.

Further information:

CJC Currents is a publication which is edited by CJC Directors Ian Short and David Owens and consists of contributions by the firm's directors, associates and consultants. Please send any suggestions or comments to ian@cjclaw.com or david@cjclaw.com.
 
Campbell Johnston Clark provides a one-stop service to clients covering all aspects of shipping & international trade in every sector. Our clients are based around the globe and include leading operators, ship owners, Fortune 500 and FTSE listed companies, start-up ventures, investment banks, private equity houses, P&I clubs, hull & machinery, and liability insurers.
 
We deliver a quality value-added service to clients by providing direct and focused access to an expert legal team at competitive rates.

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