News & Articles

Shipbuilding Insurance Guidelines under India’s Shipbuilding Development Scheme: Regulatory and Market Challenges
01
Shipbuilding Insurance Guidelines under India’s Shipbuilding Development Scheme: Regulatory and Market Challenges

A Legal and Commercial Overview of Credit Risk Insurance Guidelines under India’s Shipbuilding Development Scheme: Balancing Policy Objectives and Market Reality.

Can Acknowledgments Of Debt in Balance Sheet Extend Limitation? Supreme Court of India, Says Yes
03
Can Acknowledgments Of Debt in Balance Sheet Extend Limitation? Supreme Court of India, Says Yes

Supreme Court India: Balance Sheet Acknowledgment of Debt Extends Limitation under Section 18 of the Limitation Act

Abandonment of Ship and Seafarer under the Merchant Shipping Bill, 2024
04
Abandonment of Ship and Seafarer under the Merchant Shipping Bill, 2024

The Merchant Shipping Bill, 2024 (“MSB”), recently passed by both Houses of Parliament, introduces for the first time in Indian maritime legislation the distinct concepts of “abandoned seafarer” and “abandoned vessel

Termination Rights in COA: Legal Analysis of Default Clause from Seaspray Shipping v. SAIL
05
Termination Rights in COA: Legal Analysis of Default Clause from Seaspray Shipping v. SAIL

Decoding Termination Rights Under Default Clause of COA – A Case Study of Seaspray v. SAIL

Liquidated Damages Under Indian Law: Supreme Court’s Ruling in Sahakarmaharshi Bhausaheb Thorat Sahakari Sakhar Karkhana Ltd. v. Thyssen Krupp Industries India Pvt. Ltd.
06
Liquidated Damages Under Indian Law: Supreme Court’s Ruling in Sahakarmaharshi Bhausaheb Thorat Sahakari Sakhar Karkhana Ltd. v. Thyssen Krupp Industries India Pvt. Ltd.

The decision of the supreme Court of India addressed key aspects of contractual damages, particularly when a contract contains a stipulation for liquidated damages and whether additional compensation beyond such a clause can be claimed.

Deemed acceptance of goods in the absence of express rejection by the buyer – S. 42 – Sale of Goods Act, 1930
07
Deemed acceptance of goods in the absence of express rejection by the buyer – S. 42 – Sale of Goods Act, 1930

This article analyses the decision of the Delhi High Court in the case of Unison Hotels Pvt. Ltd V. KNM Chemicals Pvt. Ltd.

IRDAI order against Insurance companies for non-compliance of IRDAI (Outsourcing) Regulations, 2017 
08
IRDAI order against Insurance companies for non-compliance of IRDAI (Outsourcing) Regulations, 2017 

This article highlights the changing landscape in the insurance sector where brokers, web aggregators and corporate agents play an overreaching role in securing business for insurance companies.

Coastal Shipping Bill, 2024: Key Issues and Recommendations
09
Coastal Shipping Bill, 2024: Key Issues and Recommendations

India’s aspirations to become a serious player in shipping require investment in shipbuilding for Naval defense and commercial shipbuilding.

A textbook case study on what has gone wrong with Insurance claims redressal in India. This is based on a decision of a Calcutta High Court.
10
A textbook case study on what has gone wrong with Insurance claims redressal in India. This is based on a decision of a Calcutta High Court.

Pressures faced by Surveyors in Insurance claims when they are required to advise on quantification of loss, causation and maintainability of Insurance claims.

Duties and responsibilities of Insurance Surveyors and Loss Assessors needs to be revisited to evaluate the role of a surveyor in marine cargo/ Hull claim.
11
Duties and responsibilities of Insurance Surveyors and Loss Assessors needs to be revisited to evaluate the role of a surveyor in marine cargo/ Hull claim.

This article explores conflict of interest issues for marine surveyors/ Loss Assessors when instructed on a marine hull or cargo incident.

Limitation Of Liability – Whether The Right To Limit Liability Is Absolute – Dehors Fault On Part Of The Vessel Owner
12
Limitation Of Liability – Whether The Right To Limit Liability Is Absolute – Dehors Fault On Part Of The Vessel Owner

The Bombay High Court while deciding this issue also decided whether 1976 convention or 1993
protocol will be applicable while deciding limitation of liability

Maintainability of sister ship arrest on the premise that each ship Is owned by distinct One Ship Company.
13
Maintainability of sister ship arrest on the premise that each ship Is owned by distinct One Ship Company.

This interesting case was decided by the Bombay High Court in the context of the sister ship arrest
provisions of Admiralty Act, 2017

Hudson formulae: A measure of damages in a works contract?
14
Hudson formulae: A measure of damages in a works contract?

The Supreme Court of India decides the applicability of Hudson formulae as a measure of damages in a works contract.

Consequences of breach of class warranties in a Hull and Machinery Claim – Supreme Court of India
15
Consequences of breach of class warranties in a Hull and Machinery Claim – Supreme Court of India

What happens when the shipowner fails to disclose vessel damage to class authorities.

Is unstamped arbitration agreement in a contract void and unenforceable due before a judicial forum
16
Is unstamped arbitration agreement in a contract void and unenforceable due before a judicial forum

Supreme court of India settles the issue of enforceability of unstamped arbitration agreements before judicial forum

Applicability of group entity doctrine to non-signatories of arbitration agreement
17
Applicability of group entity doctrine to non-signatories of arbitration agreement

Supreme Court of India decides whether companies within the same group can be made parties to an arbitration agreement though being non-signatories.

Bias of an arbitrator: Can challenge be raised in enforcement of a foreign award.
18
Bias of an arbitrator: Can challenge be raised in enforcement of a foreign award.

In this judgement, the Supreme Court of India considers whether bias of an arbitrator can be subsumed in S. 48 (2) of the Arbitration Act, 1996 while challenging enforcement of award.

Detention of cargo as security for international commercial arbitration
19
Detention of cargo as security for international commercial arbitration

He question of whether S. 9 (interim measures) of the Arbitration and Conciliation Act, 1996 is available for detaining cargo as security for international commercial arbitration outside India.

Burden of proof in exclusion clauses in Insurance contracts.
20
Burden of proof in exclusion clauses in Insurance contracts.

The supreme court of India interpreted exclusion clauses in insurance contracts.

Can pre arbitration negotiations be excluded while computing limitation
21
Can pre arbitration negotiations be excluded while computing limitation

This interesting issue was decided by the Supreme Court of India while considering whether pre-arbitration negotiations can be excluded in computing limitation.

Scroll to top