An "as-is" provision in a purchase and sale agreement is a key component of said agreement. As such, litigation over the scope of this type of clause is noteworthy. While an ongoing dispute in the U.S. District Court for the...more
The U.S. Trade Representative (USTR) announced a notice of action on fees for operators of Chinese-built ships and vessel owners and operators of China after it issued a proposed notice with fees and restrictions on maritime...more
4/25/2025
/ China ,
Contract Disputes ,
Frustration of a Common Purpose ,
Impracticability ,
International Trade ,
Maritime Transport ,
Ports ,
Shipping ,
Tariffs ,
Trade Relations ,
USTR ,
Vessels
Following the Francis Scott Key Bridge allision on March 26, 2024, two U.S. House of Representatives members introduced the Justice for Victims of Foreign Vessel Accidents Act (Bill), which would retroactively increase the...more
The language for the proposed Justice for Victims of Foreign Vessel Accidents Act (Bill) was released on Sept. 11, 2024. As discussed in Holland & Knight's previous blog post, "Foreign-Flagged Vessels Beware," Sept. 9, 2024,...more
Following its Feb. 23, 2024, release of a pre-publication draft, the Federal Maritime Commission (FMC)'s Final Rule on Demurrage and Detention Billing Requirements (Final Rule) was published on Feb. 26, 2024, in the Federal...more
3/25/2024
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Common Carriers ,
Detention ,
Federal Maritime Commission ,
Fee Disputes ,
Final Rules ,
Invoices ,
Maritime Transport ,
NPRM ,
NVOCCs ,
OMB ,
Shipping ,
Vessels
Many legal questions have been raised during the last 120 hours; initially when communications had been lost with Titan, a submersible operated by OceanGate Inc., a corporation based in Everett, Washington, and then on the...more
Since its passage on June 16, 2022, the shipping industry is understandably focused on the implications of the Ocean Shipping Reform Act of 2022 (OSRA) (Pub. Law No. 117-146, 2022 Enacted S. 3580), and the rulemakings that...more
Commissioner Rebecca F. Dye of the Federal Maritime Commission (FMC or the Commission) has released her Final Report for Fact Finding 29 titled "The Effects of COVID-19 on the U.S. International Ocean Transportation Supply...more
Cargo congestion has reached historic proportions during the COVID-19 pandemic as the demand for imports by U.S. consumers and businesses has skyrocketed combined with an increase in operational disruptions. The effect has...more
So often the maritime disasters in and around the United States that garner the trade press headlines or U.S. Supreme Court rulings occur off the coasts of the country and the Gulf of Mexico. However, vital commerce and...more
Much has been theorized in the past two months concerning whether the Trump Administration will follow through on President-Elect Donald Trump's campaign pledge to "rip up" international trade deals such as the North American...more
1/11/2017
/ Common Carriers ,
Critical Infrastructure Sectors ,
Free Trade Agreements ,
Maritime Transport ,
NAFTA ,
Shipping ,
Shipping Cargo ,
Trade Relations ,
Transportation Industry ,
Trump Administration ,
US Trade Policies ,
Vessels ,
WTO