Admiralty/Shipping

To get an overview of the most significant shipping law-related developments in 2015 and a prediction of how the landscape may shift in 2016, Hong Kong Lawyer reached out to Conor Ward, who leads...
March 2016
The shipping market has faced significant financial challenges in recent years. This has resulted in the restructuring or liquidation of many shipping companies. In these circumstances, enforcement...
October 2015
Action in rem – jurisdiction – claim by cargo owners for loss of cargo – in rem action against sister ship – whether requirements of s. 12B(4) satisfied In March 2013, the vessel “Bo Shi Ji 393” (...
September 2015
Action in rem – order of priorities – plaintiff held only judgment obtained against vessel – no reason justifying departure from prima facie order of priorities P held the only judgment against a...
August 2015
Steven Wise, Partner, Smyth & Co in association with RPC In the October 2014 edition of Industry Insights, we reported on The Almojil 61 [2014] 4 HKLRD 313 ("Jurisdiction and the Shipping...
July 2015
Eric Woo, Senior Associate, ONC Lawyers Introduction In the shipping industry, it is common that a charterparty is agreed between a managing owner or agent on behalf of the vessel owner, and a...
March 2015
Admiralty – action in rem – jurisdiction – claim by vessel manager against demise charterer for sums due under ship management agreement – court had no in rem jurisdiction over vessel – High Court...
March 2015
Steven Wise, Partner, Smyth & Co in association with RPC The recent unanimous judgment of the Court of Final Appeal (the “CFA”) in Hua Tyan Development Ltd v Zurich Insurance Co. Ltd [...
November 2014
Written by Steven Wise, Partner, Smyth & Co in association with RPC The exercise of the court’s admiralty (in rem) jurisdiction over a ship in Hong Kong waters is set out in section 12B of the...
October 2014
Admiralty — collision claim — application for order under O. 75 r. 18(10) that plaintiff file particulars of damages and that damages be assessed before trial on liability — to be made to Registrar,...
August 2014
Writ — validity — court should not more readily grant applications for extension post-CJR The plaintiff (“P”) was a BVI company and the registered owner of a vessel, which was insured by four...
March 2014
The recent High Court judgment in Sungleam Maritime Limited v The Owners and/or Demise Charterers of the Ship or Vessel “He Da 98” and Sister Ship “Shuncheng” (“The He De 98”) [2011] 5 HKLRD 126...
March 2014
Action in rem —nothing inequitable about wrongful arrestor bearing legal and financial consequences of own actions Two vessels were first arrested by C in previous admiralty proceedings (the “...
February 2014
Marine insurance — cargo policy — no presumption of knowledge merely on ground that information is available online The insured party (“X”) engaged a broker (“B”) to obtain insurance coverage from...
December 2013
The recent case of Fearless I [2013] HKEC 1656 decides that a party who has no valid claim in rem against a vessel but has nonetheless arrested her cannot be reimbursed out of the proceeds of sale...
November 2013
As we wrote in the December 2012 edition of this column, the appeal in Hua Tyan Development Ltd v Zurich Insurance Co Ltd [2013] HKEC 1278 was going to raise important issues regarding the...
September 2013
Whether defendants “in control of” other vessels — summons did not have to challenge jurisdiction on “all or nothing” basis The plaintiff (“P”) agreed to sell to the defendants (“Ds”) bunkers for...
August 2013