On June Assagenti Newsletter together with Alberto Bregante we have a look at the latest news on "Price Cap", i.e. the maximum price for the purchase of certain petroleum products ("CN codes 270900 and 2710") coming from Russia. From December 2022, operators and/or shipowners trading and/or transporting such products are required to collect specific information on the purchase price as well as to request and obtain certificates demonstrating compliance with the above mentioned sanction measures. BIMCO has recently published a specific clause (“Price Cap Clause”) to define, in the context of a charter-party, the parties obligations in this respect → urly.it/3wc8r
On May Assagenti Newsletter Matteo Bedendi shares the latest news on war risks. The outbreak of civil war in Sudan prompted the intervention of the London Joint War Committee (JWC), which, by the Joint Committee Circular dated 25.4.2023, has added Sudan to the list of areas considered at "high risk". This will affect shipowners and their management policies concerning all ships intending not only to call at Sudanese ports, but also simply to transit through the territorial waters of that State: from obligations to notify insurance companies in advance of the intention to enter the territorial waters of Sudan or to call one of its ports to the likely increase in insurance premiums and consequent freight raises → bit.ly/43YC58x
On April Assagenti Newsletter Francesca Barisione comments an English judgment concerning the owners’ obligation to adequately prepare the holds for the receipt of the cargo, being one of the conditions necessary to determine the ship’s readiness, and the issue as to whether it is to be construed as an implied term of the charterparty that holds should be re-inspected without delay after a failed inspection. → https://bit.ly/3LEqnZ5
On Assagenti March Newsletter Luna Montervino comments on the 9th session of the IMO Sub-Committee on Ship Systems and Equipment (SSE), held from 27 February to 3 March, concerning, amongst other issues, (i) the finalization of the draft amendment to chapter II-2 of the SOLAS Convention on fire safety on ro-ro passenger ships, (ii) the approval of the draft revision of the same Convention to equip control stations of cargo ships with fire detection and alarm systems, (iii) the final revision of the Code of Safety for Diving Systems and (iv) the revision of the International Life-Saving Appliance Code, with particular regard to ventilation of totally covered lifeboats. → https://bit.ly/3ZEsi4V
On Assagenti February Newsletter Enrico Ottonello reports about the possible extension of the provisional measures adopted during Covid-19 pandemic to reduce formalities concerning seafarers employment agreements in Italy, i.e. derogation from the usual public deed requirement provided for by art. 328 of Italian Code of Navigation. Pending approval of new national legislation, the said extension (up to 12.31.2023) has been already adopted locally by Genoa Harbour Master. → https://bit.ly/3EHQUCc
Our Riccardo Delucchi comments on a recent judgment of the Italian Supreme Court on the assessment of non-pecuniary damage, in its components of biological and moral damage, suffered by a seafarer who was on board a cruise ship during a sinking. The judgment reaffirms some important principles, already established by the Court in the past, applying them to the carriage of passengers by sea, specifically to damages suffered by a crew member. → https://bit.ly/3RpbwUM
On December Assagenti Newsletter our Ilaria Reina comments on the International Convention for the Control and Management of Ship’s Ballast Water and Sediments: its scope of application, main features and recent IMO developments → https://bit.ly/3YXMJe9
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
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
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
Which are the basic features of a modern “Himalaya clause” and its relevant legal aspects under Italian law? Check this out
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
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
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
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
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!
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
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.
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
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.
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
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.
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
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.
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.
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
A legal framework and an overview of the main issues concerning this contract
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/
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
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
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.
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
Just freight forwarder or freight forwarder acting as carrier ? Check here the test applied by Italian Courts
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
Can foreign judgments awarding punitive damages be enforced in Italy?
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
The provisions governing Italian maritime cabotage in a nutshell.
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.
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
Here is a brief overview of the international conventions currently governing ship collision and some thoughts on their possible developments.
For a brief overview of Italian law and Courts practice on the arrest of ships please read here.
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
The analysis of Francesco Siccardi on Port News → https://bit.ly/3rqaXM2
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
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
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
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.
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
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.
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
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
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
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.
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
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.
Check Assagenti Newsletter out with the article of our Riccardo Delucchi https://bit.ly/2T1UIFP.
Check Assagenti Newsletter out with the article of our Francesca Barisione www.assagenti.it/it/news/14362.
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.
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.
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.
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.
Avv. Francesco Siccardi published the book “Avaria comune e le Regole di York e Anversa” ("General Average and the York-Antwerp Rules) (Giappichelli Editore).