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The SUPPLYTIME 2017 form has been considered by the English courts for the first time since its publication. The case of Boskalis Offshore Marine Contracting BV v Atlantic Marine and Aviation LLP1 [2019] EWHC 1213 (Comm), related to the construction of the payment obligations under the SUPPLYTIME 2017, though the judgment could be relevant to similar payment provisions in other contracts.

Last week at the 74th MEPC Summit, the IMO considered a number of matters relating to the 0.5% sulphur limit taking effect on 1st January, 2020 and provided welcome guidance and clarity on various key issues. We summarise some of the key takeaways in this Soundings update.

The US Government’s sanctions against Venezuela and, specifically, PdVSA, have been a significant focus of discussion since their implementation earlier this year. In this article, we provide an update on the situation and some clarity in relation to the application of the sanctions and how they may impact Members.

The case provides clarification that a charterer’s obligation to keep a ship in class under a Barecon charter is an absolute obligation and a condition of the contract. It also provides a warning of the importance of maintaining class under a bareboat charter at all times and the potentially drastic consequences of failing to do so.

Under a time charter, the charterer is usually responsible for fuel and the owner for compliance with MARPOL whereas under a voyage charter an owner would generally be responsible for both. Whilst this should make the position more straightforward, one crucial question will be how best to mitigate the potential impact of volatile fuel prices linked to 2020.



