The right of shipowners to global limitation has been in place for centuries. The persons entitled to limit have expanded from the shipowner to include the salvor, charterer, manager, and operator of a seagoing ship and any person for whose act, neglect, or default the shipowner or salvor is responsible. Claims brought against these persons can be limited (with some exceptions), with the limits calculated per distinct occasion.

CML congratulates Liwen Leung on the publication of his article, “Should There Be a Negligence Exception to the Autonomy Principle for Letters of Credit?“, in Lloyd’s Maritime and Commercial Law Quarterly. Fraud is the only widely accepted exception to the autonomy principle applicable to letters of credit. However, a recent decision of the Singapore High Court, Bank of China v BP Singapore, appears to support the possibility of a further exception: the negligence exception.

The market for smart and autonomous ships – vessels propelled by highly innovative technologies such as blockchain, the internet of things, robotics, simulation and modelling, big data and business analytics – is estimated to reach US$165.61 billion by 2030. The potential benefits that smart and autonomous ships offer to international trade have captured the attention of major industry players and governments in various parts of the world.

On 2 May 2024, the Centre for Maritime Law (CML) at the National University of Singapore, Faculty of Law, hosted the CML Short Course on Shipping Law Update: Cases in 2023 at the M Hotel. Professor Stephen Girvin, MPA Professor of Maritime Law and Director of CML, delivered the seminar, attended by 50 legal practitioners and shipping professionals.

Time flies! CML held our final Port Side activity for AY23-24 with an end-of-term dinner for our maritime law students and alumni members. Held at CML office on 26 April 2024, guests included undergraduates, LLM as well as the Graduate Diploma in Maritime Law & Arbitration (GDMLA) students. The Centre had also invited advisory board members as well as recent alumni members to dinner and would like to express our thanks to Mr Leon Alexander, Partner at Clyde & Co, Mr Dedi Affandi, Partner of Rajah Tann for joining us his evening.

Professor Stephen Girvin gave the opening remarks and moderated a panel discussion at a symposium, “Navigating the Waters: Maritime Law in the Modern Era”,  on 23 February 2024, organised by the Fordham International Law Journal (Fordham Law School, NYC). The symposium was attended by over 150 attendees, both in-person and via Zoom.

CML congratulates Wong Weitao on the publication of his article, "A principled conflict of laws characterisation of fraud in letters of credit" in Journal of Private International Law. His article examines how the issue of fraud in letters of credit (which constitutes a critical exception to the autonomy principle) should be characterised in a conflict of laws analysis; and consequently, which law should apply to determine if fraud has been established.

CML Port Side kicked off the new semester with a student-alumni dinner at Brewerkz Riverside Point on 2 February 2024 for our maritime law students. The evening was abuzz with excitement as current undergraduates and graduate students alike, had a chance to connect with our recent alumni and gain a better understanding of the legal landscape in Singapore and the extensive nature of the maritime industry here. There was much laughter as alumni and working students shared stories of their professional journeys in the maritime industry, and offered insights to the current trends seen in maritime law cases.

Visiting Professor Özlem Gürses conducted a seminar on ‘Insurance and Marine Insurance Law – Recent Developments’ at the Executive Centre on 1 February 2024. The seminar was devoted to recent case law, reflecting the development of insurance law in the past 9-12 months. The seminar was attended by an audience of insurance and shipping professionals. Özlem is Professor of Commercial Law at King’s College, London.

Marine war risk insurance fundamentally contemplates casualties caused by international conflict. But, curiously, standard clauses also exclude cover and automatically terminate war risk policies in the event of an outbreak of war between a select group of historically powerful countries: China, France, the United Kingdom, the United States, and Russia. This paper aims to demystify the origins of this five powers clause and evaluate its prospective application through the lens of an emerging breed of confrontation among the world’s major powers.

CML was pleased to host the finals of the 6th MLAS Maritime Association of Singapore (MLAS) Maritime Mooting Competition at the Wee Chong Jin Moot Court, NUS Law, on 25 January 2024. Both finalists, Jerome Tan Jun Wei and Natalie Rae-Fern Koh were from NUS Law. They represented the shipowner and charterer respectively in a fictional cargo claim. CML congratulates Natalie Koh for winning the top prize of a 2-week internship (including accommodation and return air tickets) with 7KBW London and a cash prize of S$2,500. CML also congratulates Jerome Tan for winning the first runner-up prize of S$1,500.

Recently added to the CML CMI database - International Cargo Loss Prevention Inc v MSC (USA) Inc, DC SD NY, 4 January 2024: carriage of goods by sea, cargo damage, identity of carrier, time bar