Lawyer Monthly - September 2022

To give a brief summary, what are the most prevalent issues facing shipping and maritime law in 2022? The ’globalisation’ of problems now seems to be the general rule for shipping. The most important of these is undoubtedly the stress caused by the COVID-19 pandemic, which, although it has shown a remarkable recovery of normal life in most countries of the world, is an issue that has a strong impact on shipping. The same is true of the conflict between Russia and Ukraine, which has also caused dilemmas not only in the supply chain and in the safety of ships sailing in the conflict zone, but also in the application and integration of legal rules of maritime law, as well as in the invocation of certain clauses in charter parties and marine insurance contracts. In accordance with what I have just mentioned, we can also point to the enormous traffic jam that occurred in the Port of Shanghai until June, after its closure as a measure coming from the Asian authority as part of its ‘Zero COVID’ strategy, and which is instrumentalised through the confinement of the population after an outbreak of coronavirus. This has greatly affected Latin America and indeed the whole world. We understand that Shanghai is one of the largest and most important ports for international trade, and the delay in shipping was brutal for our customers and indeed for all ‘mainland’ trade. Regarding the Russia-Ukraine belligerence, the attacks on the ships of various shipowners is a critical issue. In this regard, I have advised my clients, who are major shipping companies, on very specific legal disputes, such as: will a shipowner be in breach of a charterparty without liability if they refuse to call at a port that is blockaded? On the same point, in the context of charters, is an official declaration of war necessary or is a threat of war sufficient to invoke a war clause? And clearly the biggest problem: can a charterer claim damages from the shipowner if the master of the ship decides to unload in a port other than the one agreed in the charter? 92 LAWYERMONTHLY SEPTEMBER 2022 Emerging Challenges in Shipping and Maritime Law Thought Leader Whether they stem from the continued fallout of the COVID-19 pandemic or from the ongoing Russian invasion of Ukraine, there are several major challenges still to be tackled in the modern landscape of shipping and maritime law. However, the future for the sector may be brighter than first appearances would suggest. Veteran maritime lawyer Renato Pezoa Huerta offers his thoughts.

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