Worldwide: Marine/ Shipping

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Article
The Star Antares – Which York Antwerp Rules Appy Under The Congenbill 1994 Form?
The Star Axe I LLC v. Royal and Sun Alliance Luxembourg S.A. decision challenges the long-standing interpretation of the Congenbill 1994 clause incorporating the 1994 York-Antwerp Rules (YAR). The court ruled that the clause actually includes the 2016 YAR, potentially disrupting previous GA assessments and raising risks related to the YAR 2016's one-year time bar. This ruling could lead to significant legal uncertainties in general average claims.
United Kingdom Transport
QC
Quadrant Chambers
Article
Lead Article: MUR Shipping: Contractual Certainty Vs. Commercial Flexibility In English Law
The U.K. Supreme Court's May 2024 decision in RTI Ltd. v. MUR Shipping BV clarified two points: (1) the scope of "reasonable endeavours" in force majeure clauses, and (2) whether a party must accept pragmatic, non-contractual solutions. The Court upheld contractual certainty, emphasizing that non-contractual performance need not be accepted unless explicitly stated.
United Kingdom Transport
QE
Quinn Emanuel Urquhart & Sullivan
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