Comprehensive collection of 26+ maritime law articles covering admiralty jurisdiction, ship arrest procedures,
limitation of liability, carriage of goods, damages liabilities, bills of lading, loading, voyage, unloading, freight payment,
short landing of cargoes, vessel ownership, war risk, force majeure, sanctions, anti-arbitration rulings, and the landmark Gujarat High Court Division Bench judgment on "Undertaking Not Security" in Indian admiralty law. Authored by Shipping & Arbitration Specialists.
Landmark Division Bench judgment of Gujarat High Court (Justice A.Y. Kogje & Justice J.L. Oddra) in O.J. Appeal No. 8/2025, holding that mere undertakings or promises not to sail cannot substitute arrest of vessel. Court reiterates that once a prima facie maritime claim exists under Admiralty Act 2017, arrest is mandatory; accepting an undertaking to stay within jurisdiction is alien to admiralty jurisprudence. Detailed analysis of Section 4, Section 5, action in rem, wrongful deviation by Single Judge, and restoration of arrest warrants for five vessels with claim of INR 132 crores.
This article analyzes the Supreme Court of India's landmark ruling refusing to interfere with the arbitral process, reaffirming the pro-arbitration stance and clearing the deck for arbitration in the Porto Emporios v. IOCL dispute. The article examines the anti-arbitration injunctions, the scope of judicial interference under the Arbitration and Conciliation Act, 1996, and the implications for maritime and commercial arbitration in India.
This article provides a detailed account of the swift settlement and release following the admiralty arrest of M.V. Aurelian (IMO 9304332). It examines the strategic resolution of the maritime claim by Brus Chambers, the procedural steps leading to the vessel's release, the role of effective negotiation and security arrangements, and practical insights for efficient claim resolution under the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017.
This article analyzes the admiralty arrest of M.V. Aurelian (IMO 9304332) before the Gujarat High Court for a bunker supply maritime claim, examining the order of Hon'ble Justice Niral R. Mehta. It discusses jurisdiction under the Admiralty Act 2017, evidentiary requirements for bunker claims, conditional arrest orders, and the significance of this ruling for bunker suppliers and ship arrest practice in India.
This article provides a comprehensive analysis of the legal implications arising from armed conflicts on maritime commerce. It examines the invocation of force majeure clauses, the impact of international sanctions on shipping and trade, risk allocation mechanisms in charterparties and contracts of affreightment, and the legal strategies for shipowners, charterers, and commodity traders to navigate geopolitical instability, ensuring compliance and mitigating losses in the oil, gas, and bulk commodities sectors under Indian and international law.
This article examines the arrest of M.V. Polar Star at Visakhapatnam port, focusing on the exercise of admiralty jurisdiction under the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017. It provides a detailed legal analysis of maritime claims arising from ship management agreements, the requirements for vessel arrest in Indian waters, and the procedural nuances involved in enforcing management-related claims against a vessel in rem.
This article examines the arrest of M.V. Hoanh Son Universe at Visakhapatnam port, focusing on the exercise of admiralty jurisdiction for bunker claims under the Admiralty Act, 2017. It provides a detailed legal analysis of maritime claims arising from unpaid bunker supplies, the evidentiary value of email acknowledgments of debt, the use of Port Line Up schedules to prove jurisdiction, and the procedural aspects of obtaining conditional arrest orders with bank guarantee security.
This article critically examines the recent Bombay High Court ruling on whether an application for interim measures under Section 9 of the Arbitration and Conciliation Act, 1996, is maintainable after a foreign award has been rendered. It analyzes the jurisdictional interplay between Indian courts and arbitral tribunals post-award and the practical implications for maritime disputes.
This article provides a comprehensive analysis of the Bill of Lading's core function as a document of title. It traces the historical evolution from medieval times to modern international trade, examines landmark judicial precedents, and delves into the statutory framework under Indian law.