05-12-2022

New BIMCO CII Operations Clause for Time Charter Parties - Assagenti Newsletter

On November Assagenti Newsletter our Alberto Bregante comments on the wording of the new BIMCO “CII Operations Clause for Time Charter Parties” which regulates the mutual obligations of shipowners and charterers in relation to this new parameter (Carbon Intensity Indicator), measuring the yearly carbon intensity of each ship, which will be mandatory under Marpol Annex VI as of 1st January 2023  → https://bit.ly/3VyJFmq

02-11-2022

Eighth package of EU sanctions against Russia - Assagenti Newsletter

On October Assagenti Newsletter Matteo Bedendi comments the eighth package of sanctions adopted by the European Union: from measures concerning the Russian Maritime Register of Shipping (“a 100 % State-owned entity which performs activities related to the classification and inspection, including in the field of security, of Russian and non-Russian ships and crafts”) to restrictions on import/export of Russian oil and petroleum products and related technical and financial services. → https://bit.ly/3gRPdsL

04-10-2022

Quiet Enjoyment Letters - Assagenti Newsletter

On September Assagenti Newsletter Luna Montervino illustrates the features and use of the so-called "quiet enjoyment letters" and comments on an important BIMCO initiative →  https://bit.ly/3C9Szya

08-09-2022

Himalaya clause under Italian law

Which are the basic features of a modern “Himalaya clause” and its relevant legal aspects under Italian law? Check this out

Himalaya_Clause.pdf

28-07-2022

Underwater Cultural Heritage and Salvage Law

Angelo Merialdi is amongst the authors of the recently published book “Trends and Challenges in International Law – Selected Issues in Human Rights, Cultural Heritage, Environment and Sea” edited by Maurizio Arcari, Irini Papanicolopulu and Laura Pineschi. 
His contribution “Underwater Cultural Heritage and Salvage Law” analyses some legal issues arising out of the complex and fascinating world of underwater cultural heritage exploration to conclude that, in the current legal framework, the law of salvage, as it has evolved, may contribute to the orderly performance of recovery operations, in compliance with the public interest in the conservation of underwater cultural heritage, preserving historical sites as well as the rights and interests of States and persons. https://bit.ly/3oyH4Ks

05-07-2022

IMO Greenhous Gas strategy - Assagenti Newsletter

On June Assagenti Newsletter our Enrico Ottonello analyzes the most important innovations discussed at the 76th session of the Marine Environment Protection Committee (MEPC): from the approval of a "Sulfur emission control area" in the Mediterranean Sea to the approval of the Guidelines for the implementation of the "Energy Efficiency Existing Ship Index "(EEXI), to the possible increase in the cost of high-carbon fuels in order to favour alternative fuels, this latter measure being much debated →  https://bit.ly/3ukR7pR

13-06-2022

Green Innovation Strategy – Shiprecycling

Latest news on shiprecycling and environmental protection? What a challenge for the shipping industry! Our Pietro Dagnino, Francesca Ronco and Alberto Bregante discuss these crucial topics with Leonardo Parigi on Shipmag Focus dedicated to "Green Innovation Strategy" ➡ https://bit.ly/3QbMhEJ

06-06-2022

New EMSA Guidelines for the safe carriage of Alternative Fuel Vehicles in ro-ro spaces - Assagenti Newsletter

On May Assagenti Newsletter our Riccardo Delucchi comments on the EMSA Guidelines of 23.5.2022 concerning the recommendations for the safe and environmentally friendly transport of "alternative fuel vehicles" ("AFVs") in ro-ro spaces of cargo and passengers ships. The main provisions concerning, among other things, the risks, the suggested measures and the subjects responsible for their application are analised in details →  https://bit.ly/3Nm9Skg

24-05-2022

Genoa Shipping Ride 2022

Siccardi Bregante, together with their staff and friends, are proud to have supported the fourth edition of the Genoa Shipping Ride and related fund-raising activities, which took place over the last week-end. With Genoa turning pink for the Giro’s stage arrival, this was the perfect occasion to re-unite with so many cycling enthusiasts from different countries, with whom we share a passion for shipping and a commitment to charity. We thank all our co-sponsors who made this event possible and are already looking forward to the next edition in 2023!

03-05-2022

Pleasure crafts: transport “on a friendly/courtesy basis” and drivers’ liability - Assagenti Newsletter

On April Assagenti Newsletter our Luna Montervino comments on judgment no. 12063/2022 by which the Italian Supreme Court has decided a liability claim brought against the driver of a pleasure craft by a passenger who suffered personal injuries as a result of the sudden oscillation of the unit, hit by a so-called "abnormal wave"  →  https://bit.ly/38JWp66

06-04-2022

Limitation of shipowners’ liability in Italy - the concept of preparation of a voyage

Art. 275 of Italian Code of Navigation provides for the owner’s limitation of liability to apply in respect of vessels having a gross tonnage of less than 300 tons “for the obligations arisen on or for the needs of a voyage as well as for those arisen from events or actions occurred during the said voyage, except for those deriving from owner’s willful misconduct or gross negligence”. Does the wording “for the needs of a voyage” cover events giving rise to the owner’s liability which take place while a vessel is in dry-dock undergoing repairs/refitting works? Read here about Italian Courts’ approach.

The_concept_of_preparation_of_a_voyage_under_art._275_Cod._Nav.pdf

31-03-2022

The new BIMCO Force Majeure Clause 2022 - Assagenti Newsletter

On March Assagenti Newsletter our Alberto Bregante comments on the wording of the new BIMCO "force majeure clause", its use and its importance for agreements governed by English law →  https://bit.ly/3qNc5M3

 

17-03-2022

Marine casualties and administrative inquiries in Italy

What happens as a matter of administrative enquiries when a marine accident occurs ? Here is an overview of the different kind of enquiries as governed by the Italian Code of Navigation and by special laws: from Summary and Formal Inquiries to Verification of the facts contained in the “report of extraordinary event”; from Inquiry on accidents at work to Special Technical Investigation for improving security of navigation, safety of human life and for preventing pollution at sea.

Marine_casualties_and_administrative_inquiries_in_Italy.pdf

07-03-2022

Delivery of waste from ships and port reception facilities - Assagenti Newsletter

On February Assagenti Newsletter Ilaria Reina comments the recently approved Italian legislation implementing Directive (EU) 2019/883 of 17.4.2019 on port reception facilities for the delivery of waste from ships: from the scope of application of the Italian Legislative Decree no. 197/2021 to the port waste collection plan and from the obligations of ships upon arrival to the inspections of Maritime Authorities → https://bit.ly/3MtAIGP 

24-02-2022

Pleasure boats and jet skis in Italy - News on leases and charters

Here is an overview of Decree 1.9.2021 issued by the Italian Ministry of Sustainable Infrastructures and Mobility (published on 15.1.2022) on requirements, formalities and obligations relating to leases and charters of pleasure boats and jet skis for recreational use or for tourism.

Nota_Decreto_1.9.2021.pdf

26-01-2022

Amendments to Italian Civil Code – Contract of carriage – Freight forwarding agreement - Assagenti Newsletter

On January Assagenti Newsletter our Matteo Bedendi tells us all about the recent important changes to some provisions of the Italian Civil Code ruling contracts of carriage and freight forwarding agreements (arts. 1696, 1737, 1739, 1741 , 1761) and comments on the issues remained unresolved regarding the limitation of liability taking into account the regime of the applicable international conventions as well → https://bit.ly/3AzucZN

10-01-2022

Shipbuilding contract in Italy

Here is an interesting overview by our Francesco Siccardi on the main Italian law provisions ruling shipbuilding contracts, from their qualification to the regime for liability for defects.  

Shipbuilding.pdf

03-01-2022

EEXI Transition Clause - Newsletter Assagenti

On December Assagenti Newsletter our Francesca Barisione provides an outline on the instruments introducing the Energy Efficiency Existing Ship Index (EEXI) and comments on the aim and content of the new "EEXI Transition Clause" developed by BIMCO → https://bit.ly/3FTLi6s.

29-11-2021

Exclusive Economic Zone - Newsletter Assagenti

On November Assagenti Newsletter Matteo Bedendi comments on law no. 91/2021 concerning the "Establishment of an exclusive economic zone beyond the external limit of the territorial sea": what are the prospects for Italy ? Possible advantages and new burdens →  https://bit.ly/3nJF7ex

11-11-2021

Berth contract in Italy

A legal framework and an overview of the main issues concerning this contract

A_general_framework_of_the_berth_contract_in_Italy.pdf

04-11-2021

Ship-recycling: evolution of the legal framework and future issues

In May 2020 our Alberto Bregante submitted to the Young CMI Essay Prize 2020 an essay on the evolution of the international and EU legal framework in the matter of ship-recycling. The essays considers the legal framework before 2009, the 2009 Hong Kong Convention and the EU Regulation No. 1257/2013 as well as the main future challenges for the ship-recycling industry. The essay, which was awarded 3rd place, has been published on the Comité Maritime International website https://comitemaritime.org/young-cmi/

02-11-2021

AIS switch off clause – Assagenti Newsletter

On October Assagenti Newsletter Francesca Barisione tells us all about the BIMCO AIS switch off clause 2021, adopted by BIMCO   to regulate the rights and responsibilities of the parties to voyage and charter parties with regard to the possible interruption of a ship’s AIS signal and to increase the compliance with IMO guidelines in order to prevent the manipulation of the AIS system  ➡ https://bit.ly/3pZNi7V

07-10-2021

Electronic Bill of Lading – Assagenti Newsletter

On September Assagenti Newsletter Enrico Ottonello tells us all about the current status of the digitalization of bills of lading, from the application of blockchain technology to the latest initiatives of Digital Container Shipping Association (DCSA) and The International Group of P&I Clubs ➡  https://bit.ly/3iC7zfC

15-09-2021

Francesco Siccardi did it again: new book on shipbuilding contracts

After his work on general average, Francesco Siccardi has recently published for Giuffrè the book “Costruzione di nave – La legge, i contratti, la prassi”, where he analyses many aspects of shipbuilding contracts under Italian law as well as the distinctive features of civil law and common law systems in this subject matter.
The book, which fills a gap in the panorama of recent Italian doctrine, addresses shipbuilding contracts under several different profiles and includes numerous materials.
Here is Ship2Shore review “La costruzione di una nave secondo la legge italiana (e non solo)” (08/09/21) https://bit.ly/3tPQpPR.

08-09-2021

Draft bill - Amendments to the Navigation Code - Assagenti Newsletter

On July Assagenti Newsletter Alberto Bregante explains the contents of “Law AC 2866: changes to the Navigation Code and simplification of administrative rules concerning ships”. The law proposal provides for some amendments to the Navigation Code and "Provisions for the simplification of the regulations concerning maritime administrative rules and maritime labour”. The proposed changes mainly concern the procedures for the registration of ships and change of flag, the formal requirements for the departure of ships from national ports, the inspections and controls on the ships, as well as the employment of seafarers on ships and their salaries” https://bit.ly/3jo1liO

20-07-2021

Freight forwarder acting as carrier in Italy

Just freight forwarder or freight forwarder acting as carrier ? Check here the test applied by Italian Courts

Freight_forwarder_acting_as_carrier_in_Italy_-_definitivo.pdf

07-07-2021

Brexit and fisheries - Assageni Newsletter

On June Assagenti Newsletter Ilaria Reina deals with Heading Five of the Trade and Cooperation Agreement entered into between the EU and UK on 30.12.2020, concerning fishing activities, which first of all will have to comply with the sovereign rights of coastal States pursuant to the principles of international law, including the United Nations Convention on the Law of the Sea ➡ https://bit.ly/2THBKbT

17-06-2021

Punitive damages in Italy

Can foreign judgments awarding punitive damages be enforced in Italy?

Punitive_Damages_in_Italy.pdf

09-06-2021

Marine Spatial Planning - Assagenti Newsletter

On May Assagenti Newsletter Luna Montervino analyses the aims and regulatory framework, at EU and national level, of the Marine spatial planning, a process on how to coordinate the decisions on the sustainable use of marine resources ➡ https://bit.ly/3wbEj3O

26-05-2021

Italian maritime cabotage

The provisions governing Italian maritime cabotage in a nutshell.

Italian_Maritime_Cabotage.pdf

06-05-2021

EVER GIVEN: CURRENT AND FUTURE SCENARIOS

In number 2 of April 2021 of the Marine Aviation and Transport Insurance Review, our Francesco Siccardi explores the multiple and diverse legal implications of the accident that kept the world in suspense for days: from the cause of the grounding to the salvage, from the general average to the other possible claims, from the shiowner's liability for negligence to some thoughts on the different possible liability regimes (liability for business risk?) up to the insurance coverages concerned.

Ever_Given_-_Francesco_Siccardi.pdf

03-05-2021

IGC Code - Assagenti Newsletter

On April Assagenti Newsletter our Riccardo Delucchi analyses the Resolution MSC.370(93) and the amendments to the “The International Code of the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk” (IGC Code) in view of the deadline of July 1st 2021 for the vessels to comply with the requirements of paragraph 2.2.6 of the IGC Code (“Freeboard and stability”) https://bit.ly/3xJOL3W

19-04-2021

Ship Collision

Here is a brief overview of the international conventions currently governing ship collision and some thoughts on their possible developments.

Urto_di_navi_.pdf

07-04-2021

Ship arrest in Italy

For a brief overview of Italian law and Courts practice on the arrest of ships please read here.

Arrest_of_Ships_in_Italy_-_7.4.2021.pdf

29-03-2021

Assagenti Newsletter

On March Assagenti Newsletter our Francesca Barisione comments on the purpose and the application of the new BIMCO “Just in time arrival clause”, for use in voyage charter-parties, based on which charterers are allowed to ask owners to reduce the speed of the ship to arrive at a destination at an agreed time ➡ https://bit.ly/3ctE9O2

26-03-2021

Ever Given

The analysis of Francesco Siccardi on Port News → https://bit.ly/3rqaXM2

03-03-2021

Updates on anti-piracy measures

On February Assagenti Newsletter our Enrico Ottonello comments IMO Circular Letter no. 4382 addressed to all IMO Member States on the actions to be taken to face the increase of the piracy cases in the Gulf of Guinea to guarantee the safety and security of crews and vessels.
In 2020 a significant raise in the number and severity of kidnappings has been observed in the area. The IMO Letter highlights the need for the stakeholders to enhance the coordination of initiatives and for the vessels to adopt the “Best management practices” approved by IMO for West Africa (BPM-WA) ➡ https://bit.ly/3e3ic9C

02-02-2021

Assagenti Newsletter

On January Assagenti Newsletter our Riccardo Delucchi comments on the last developments related to MARPOL Annex II and IBC Code. By two MEPC Resolutions new products have been added to the list of "persistent floater(s)", tank prewash requirements have been introduced and new procedures have been imposed, which could possibly require new equipment onboard vessels carrying dangerous chemicals in bulk https://bit.ly/2MupJD5

30-12-2020

Assagenti Newsletter

On December Assagenti Newsletter our Ilaria Reina tells us about the EU Operational Guidelines for safe, secure and sustainable trials of autonomous surface ships (MASS). The Guidelines, approved on the occasion of the 2nd International Ship Autonomy and Sustainability Summit held on November 30th, provide for an harmonized European standard, to be adopted by the Member States, that clarifies the roles of authorities and applicants involved and provides guidance on risk assessments when facing MASS trials to promote their safety and sustainability https://bit.ly/2WSm7wi

02-12-2020

Assagenti Newsletter

Shipping is going green! On November Assagenti Newsletter our Alberto Bregante comments on the future amendments to the Marpol Convention as part of the IMO Greenhouse Gases Strategy, introducing important developments on the energy efficiency of newbuildings and existing ships https://bit.ly/2Jl3gXE.

20-11-2020

Assagenti Newsletter

As of 31.12.2020 under EU Regulation no. 1257/2013 on ship recycling the vessels flying the flag of an EU Member State or calling an EU port will have to have onboard an inventory of hazardous materials (IHM). On Assagenti October Newsletter our Enrico Ottonello comments on the Communication of the European Commission of 20.10.2020 concerning the application of the Regulation provisions with regard to the IHM https://bit.ly/3kNPNEi

20-10-2020

Happy Birthday Francesco!

Respecting all necessary measures … and with a cake designed to pay tribute to his impeccable golfing style, we have celebrated our very own Francesco Siccardi for a round birthday.

29-09-2020

Assagenti Newsletter

On Assagenti September Newsletter our Riccardo Delucchi comments on the status of the development of the Extraordinary Investment Programme for the Port of Genoa dealing with infrastructures, intermodal connections and city-port integration https://bit.ly/3jiLelq

03-08-2020

Assagenti Newsletter

On Assagenti July Newsletter our very own Alberto Bregante comments the approval of the Mobility package on the  truck drivers reform, consisting of two Regulations and one Directive, by the European Parliament. The reform is aimed at preventing distortions in the access to the haulage market and at improving the drivers’ working conditions https://bit.ly/31bPGKZ

08-07-2020

Assagenti Newsletter

On Assagenti June Newsletter our very own Ilaria Reina comments on the “Council Conclusions on EU Waterborne Transport Sector – Future outlook: Towards a carbon-neutral, zero accident, automated and competitive EU Waterborne Transport Sector” https://bit.ly/3iR7N0S

02-07-2020

2020 Shipping Golf Tournament Cancelation

Dear all,
this will come as no surprise, but please take notice of cancellation of this year’s 2020 25th event, but with very early notice that it will take place in 2021 on Thursday 9th September.
Please put this date in your diaries and we hope that this unique event will continue to have your support.
Stay safe and best regards from the organisers.  

Letter_30.6.2020.pdf

03-06-2020

Assagenti Newsletter

On Assagenti May Newsletter our very own Enrico Ottonello explains the EU Guidelines on protection of health, repatriation and travel arrangements for seafarers, passengers and other persons on board ships https://bit.ly/2Mosy55

29-04-2020

Coronavirus impact on shipping contracts

Our Francesco Siccardi analyses the impact of Coronavirus pandemic, and of the measures adopted by national Authorities to contrast it, on shipping contracts. An abstract of this contribution has been published by Assagenti’s in their April Newsletter; this full version contains references to Italian and English law as well as to the relevant international Conventions and EU legislation and covers the main shipping contracts: carriage of passengers (focusing on the cruise sector) and goods by sea as well as shipbuilding contracts, time charters, voyage charters, contracts of affreightment and international sale contracts.

Covid-19_.pdf

03-04-2020

Covid-19: implications for carriage by sea

Ship2Shore has recently published an analysis of possible impacts of Covid-19 emergency on carriage of passengers and goods by sea curated by our Francesco Siccardi https://bit.ly/3bQYoSB

FS_COVID.pdf

21-02-2020

Newsletter Assagenti

Check Assagenti Newsletter out with the article of our Riccardo Delucchi https://bit.ly/2T1UIFP.

24-01-2020

Check Assagenti Newsletter out with the article of our Francesca Barisione www.assagenti.it/it/news/14362.

17-12-2019

19-09-2019

The Shipping Golf Tournament 2019

This is a long-standing golf event dedicated to the Italian and International Shipping community.
14 Italian and foreign sponsors supported the event which took place at the Villa Carolina Golf Club in Capriata d'Orba (in the province of Alessandria), where the atmosphere and the hospitality are always fantastic.
A day dedicated to sport with Stableford scoring and the beginning Shotgun at 11; however it was also great fun for those attempting golf for the first time under the guide of the masters of the hosting Golf Club.
This year the tournament was played along the truly panoramic and evocative Percorso Paradiso.
To complete the picture local products from Genoa (such as plain focaccia and focaccia with onions) and from Piemonte, in particular mushrooms and delicious white and red wines.
An afternoon of relation with drinks and live music by Mia & Friends.
Again a success to be improved upon in 2020 as the event will celebrate 25 years which is quite something.

30-06-2019

Genoa Shipping Run

During Genoa Shipping Week 2019, the lawyers of the Firm promoted, together with International Shipping Runners, the traditional Genoa Port Run, a 7 km training "at a slow pace" in the historic heart of the City and in the Port of Genoa. Guest star the champion Valeria Straneo (silver medal in marathon at the 2013 world championship in athletics). On the occasion fund were raised in support of the Hematology Unit of the Pediatric Hospital Gaslini based in Genoa.

25-06-2019

Ship Recycling Conference

The Firm, in cooperation with TTM, hosted, during Genoa Shipping Week 2019, the conference "Ship recycling: legal, contractual and practical aspects" onboard the Italian Navy Fregata Carlo Bergamini.

20-05-2019

Genoa Shipping Ride

The Firm, in cooperation with International Shipping Runners and with several sponsors, organised the annual Genoa Shipping Ride. As usual the funds collected go to the Emathology Unit of the Hospital Giannina Gaslini.

19-04-2019

New Book by Francesco Siccardi

Avv. Francesco Siccardi published the book “Avaria comune e le Regole di York e Anversa” ("General Average and the York-Antwerp Rules) (Giappichelli Editore).