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Brexit Guidance – A Marine Update: VAT on Pleasure Craft
Shoosmiths LLP, January 2021

The UK ceased to be part of the EU customs union at 23:00 GMT on 31 December 2020. The UK is now considered by the EU to be a “third country” and as such VAT treatment of UK pleasure craft in EU waters and EU pleasure craft entering UK waters will be affected. This update seeks to outline the post-Brexit position on the payment of VAT for existing pleasure boat owners in the UK, and for those looking to dip their toes in the water this season...

International Air Travelers Entering the United States Must Have a Negative COVID-19 Test
Dinsmore & Shohl LLP, January 2021

Effective Jan. 26, 2021, all air passengers traveling to the United States will be required to get a viral test for current infection within the three days before their flight to the U.S. is scheduled to depart, and provide written documentation of their laboratory test results (paper or electronic copy) to the airline...

Bulletin Real Time: Latest News
Brigard Urrutia, January 2021

Read the latest news 1. Air travelers arriving to Colombia must provide evidence of a negative PCR test to be allowed entry On December 31st, 2020, the Ministry of Health and Social Protection (Ministerio de Salud y Protección Social) modified the biosecurity protocol for the international air transportation, adding the following measures: Airport operators must prohibit the consumption of food and beverages in immigration or emigration areas...

Kuantan Port Consortium Sdn Bhd v MT HE XIE HAO v Chem-Specialties Sdn Bhd (Suit No. WA-27NCC-77-10/2019)
Shearn Delamore & Co., January 2021

In an admiralty action, can an intervener, not being the proper defendant, apply to set aside a warrant of arrest of a vessel on non-traditional grounds. The traditional grounds of setting aside warrant of arrest are, inter alia: in excess or lack of jurisdiction...

The BCA Suspects Caudalie of Imposing Minimum Resale Prices on its Distributors
ALTIUS/Tiberghien, January 2021

Over the last 4 years, the Belgian Competition Authority (“BCA”) has increasingly scrutinised anticompetitive restraints in vertical agreements and assessed these restraints under Article IV.1 of the Belgian Code of Economic Law and Article 101 TFEU...

Right to Assign or Transfer a Flight Ticket to another Passenger Civil Action - Summary Procedure - 24292-02-20 Lipschitz v. Sun d'Or International Airways
Fischer, January 2021

The Magistrates' Court in Bat Yam recently heard a claim brought against the company Sun d'Or which concerned the question of whether under Israeli law a person who purchased a flight ticket could transfer or assign their ticket to a different person...

The Norwegian Supreme Court Rules on Access to Evidence in the MV «Cheshire» Litigation
Simonsen Vogt Wiig AS, January 2021

The underlying dispute relates to the MV «Cheshire»-incident in 2017, where a cargo of fertiliser was subject to a major decomposition incident. The fertiliser that was carried on the vessel was damaged, and the vessel was declared a total loss. In February 2020, Oslo District Court ruled in favour of the cargo interests, holding the carriers  liable for the cargo loss (approx. USD 25 million) (TOSLO-2017-180657-1). The carriers have appealed the judgement...

The Norwegian Supreme Court Rules on Access to Evidence in the MV "Cheshire" Litigation
Simonsen Vogt Wiig AS, January 2021

The underlying dispute relates to the MV «Cheshire» incident in 2017, where a cargo of fertiliser was subject to a major decomposition incident. The fertiliser that was carried on the vessel was damaged, and the vessel was declared a total loss. In February 2020, Oslo District Court ruled in favour of the cargo interests, holding the carriers  liable for the cargo loss (approx. USD 25 million) (TOSLO-2017-180657-1). The carriers have appealed the judgement...

New Sanitary Measures taken by Chilean Government for Travelers that Enter from Abroad
Carey, December 2020

Given the detection of the first case in Chile of the new Covid-19 variant, on December 30 th , 2020 the Exempt Resolution No...

High Court Dismisses Application for Relief in Maritime Collision Claim
Shearn Delamore & Co., December 2020

In a recent Malaya High Court decision, the owner of the vessel My Ferry 2 made a claimed based on a maritime lien pursuant to Section 21(3) of the UK Supreme Court Act 1981, which applies in Malaysia pursuant to Section 24(b) of the Courts of Judicature Act 1964.(1) The plaintiff alleged that the first defendant (tug KKD000132-T which had towed the second defendant's dumb barge Wantas 17) had collided into the plaintiff's vessel, the My Ferry 2...

High Court Settles Dispute Regarding Confiscated Diesel Following Ship Arrest
Shearn Delamore & Co., December 2020

  Facts The recent high court decision in Straits Bunkering Pte Ltd v Ketua Pengarah Kementerian Perdagangan Dalam Negeri dan Hal Ehwal Pengguna Johor concerned an application with regard to the vessel MT Abbas, which had been arrested by the Southern Region Marine Department pursuant to Sections 491B(1)(k) and 491C of the Merchant Shipping Ordinance 1952 (MSO 1952).(1) Sections 491B(1)(k) and 491C of the MSO 1952 provide as follows: 491B...

Ship Building: Expanding Mercy – Mercy Ships Nears Completion of the MV Global Mercy
MinterEllisonRuddWatts, November 2020

Research has continuously emphasised the increasing need for medical and surgical care around the world, especially in Africa. More than 5 billion people worldwide do not have access to safe surgeries, and now with the impacts of COVID-19, the global backlog of surgical care has escalated...

Short & Sweet – Priority of Security Interests in Aircraft
Simonsen Vogt Wiig AS, November 2020

Norway has acceded to the Cape Town Convention on International Interests in Mobile Equipment and its Protocol on Matters Specific to Aircraft Equipment (the «CTC»). The CTC has been implemented and given effect under Norwegian law as of 1 April 2011. It is still possible to register security interests over an aircraft with the Norwegian Civil Aircraft Registry («NCAR»)...

Short & Sweet: Ship Sale and Purchase #8 – Default Provisions in Saleform 2012
Simonsen Vogt Wiig AS, November 2020

Buyers’ Default Clause 13 of Saleform 2012 regulates Buyers’ default. The potential Buyers’ defaults are quite restricted to payment defaults. There are no Buyers’ default linked to failure to take over the Vessel (like you often find in shipbuilding contracts) or failure to provide the agreed documents. Nor is it likely that a Buyer will pay for the Vessel but not accept physical delivery...

COVID-19 Legal & Tax Resource Center: Moving Forward Together
Nestor Nestor Diculescu Kingston Petersen, October 2020

The coronavirus disease (COVID-19) outbreak continues to put pressure on the public and private sectors alike. As we are entering new phases of the COVID-19 pandemic, we have to switch our focus towards safely and gradually reopening our businesses and economies while continuing to implement prevention measures...

Reviewing an ADA Case Involving a Ship, Ninth Circuit Puts Burden on Plaintiff to Show Removing Barrier is Readily Achievable
Hanson Bridgett LLP, October 2020

Key Points In ADA Title III cases, the plaintiff has the initial burden to show removing a barrier is readily achievable. The Court has yet to consider the complexities of naval architecture and the unique safety and seaworthiness issues on ships. If barrier removal is not readily achievable, alternative methods to barrier removal —or other facilitation for access to the service— should be considered. In Lopez v. Catalina Channel Express, Inc. (9th Cir...

Occupational Health and Safety in the Maritime Sector Against COVID-19
LEGA Abogados, October 2020

As a consequence of the spread of COVID-19, certain protection and prevention measures have been developed in order to safeguard health in the different sectors that are operational. In this report we will share security measures implemented in Venezuela aimed at protecting the health of operators and personnel working in ports and at sea, as well as some recommendations established by international organizations. 1...

The Unforeseen Benefits of Driverless Transport during a Pandemic
Lavery Lawyers, October 2020

  The COVID-19 pandemic has been not only causing major social upheaval but disrupting business development and the economy as well. Nevertheless, since last March, we have seen many developments and new projects involving self-driving vehicles (SDV). Here is an overview...

California Legislature Passes Bill to Maximize Creation of Public Transportation Infrastructure
Hanson Bridgett LLP, September 2020

Key Points California Legislature passes SB 288, which adds statutory CEQA exemptions for bicycle and mass transit projects. Extends CEQA Exemption for bicycle-related highway projects from Jan. 1, 2021 to Jan. 1, 2030. Relates only to projects for which the lead agency and the entity carrying out the project are public agencies. The California Legislature passed SB 288 on Aug. 31, 2020...

Getting Way’Mo Than He Bargained For
TSMP Law Corporation, September 2020

Should employees be at liberty to remove trade secrets they created when they leave their employers? Think carefully, physical liberty might just be at stake. In his junior year at UC Berkeley, he built a prize-winning robot out of Legos to sort Monopoly money. Later, he entered the first ever two-wheeler in the DARPA Grand Challenge, an American autonomous vehicle competition funded by the US Department of Defense...

With the Benefit Comes the Burden: Does the Duty of Care owed by a Shipowner extend to the Vessel's Demolition even after Sale?
Haynes and Boone, LLP, July 2020

The High Court has left the door open for a negligence claim to be pursued against a UK company on behalf of a shipyard worker who fell to his death dismantling an oil tanker at a Bangladeshi yard.1 The vessel had been sold to a buyer on terms requiring it to be scrapped in an environmentally sound manner and in accordance with good health and safety practices...

Discharging Cargo from Ships that are Under Arrest
Shearn Delamore & Co., July 2020

A ship may be arrested in Malaysia as long as the claim of the arresting party falls under any of the provisions of Section 20(2) and Section 21 of the Supreme Court Act 1981 of England and Wales.Any party that wants to arrest a ship in Malaysia must strictly comply with Order 70 of the Rules of Court 2012 (the ROC 2012), which governs admiralty proceedings in the High Court.On the arrest of a ship, it will not be allowed to work without the sheriff's express permission...

The Civil Aviation Authority, the National Immigration Authority and the Ministry of Labor Extend the Measures Taken as a Result of the State of Emergency due to the COVID-19 Pandemic
Morgan & Morgan, June 2020

Civil Aviation Authority: All international flightsshall remain suspended untilJuly 22, 2020. National Immigration Authority: All identifications issued by the National Immigration Authoritythat weredue to expirebetween March 13 and July 31, 2020,willremain validuntilOctober 31, 2020,without incurring in fines or surcharges...

Buchalter COVID-19 Client Alert: Financial Accommodations for Airport Tenants in Response to COVID-19
Buchalter, June 2020

Airport sponsors and their legal counsel have been forced by the COVID-19 pandemic to exercise judgment and make tough decisions regarding the financial accommodations they will offer their commercial aeronautical tenants to help them weather the current storm...

Aviation in Southeast Asia Beyond the Horizon - Cambodia 10 Key Q&As
DFDL, June 2020

For the aviation sector, the first half of 2020 has sadly been defined by the many challenges brought on by the coronavirus pandemic, resulting in operational and economic disruption across the globe. Now six months in, the industry is taking stock, adapting strategies and mapping out future plans for business post Covid-19...

 

 

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