On 10 May 2022 Nico de Wit of Intramar insurance brokers and Nigel Margetson of MMRL discussed the legal and insurance aspects of delay, liquidated damages and consequential loss at a seminar in Rotterdam. The paper that Nigel presented at that seminar can be downloaded here.

Electronic execution of contracts, e-signatures and COVID-19

Margetson Lawyers recently published an article about e-signatures on www.practicallaw.com. It is reproduced from Practical Law with the permission of the publishers and can be accessed under this link.    

Force majeure, Frustration of contract, and Impossibility in Dutch law

Nick and Nigel Margetson’s paper on Force majeure, Frustration of Contract, and Impossibility in Dutch law was published by Thomson Reuters on www.practicallaw.com today. A copy of the paper can be downloaded here.

Glencore Energy UK Ltd and Glencore Ltd versus Freeport Holdings Ltd (LadyM), Court of Appeal (Civil Division)

In this case note I mainly discuss the primary issue of the judgment, namely the question whether the shipowners (‘the Owners’) can rely on the fire exception of the Hague Visby Rules, even if the fire was caused barratrously. I have not discussed the side issues.  

SupplyTime 2017 – invoices that have not been disputed in time must be paid

Bimco SupplyTime 2017 – failure to challenge an invoice on time leads to an obligation to pay Judgment dated 14 May 2019 of Sir Ross Cranston sitting as High Court Judge (the “ATLANTIC TONJER”). N.J. Margetson Clause 12(e) of the Bimco SupplyTime 2017 provides inter alia:   “(…) If the Charterers reasonably believe an incorrect […]

Application of the fire exception in the Hague (Visby) Rules

In his case note that was published in the European Journal of Commercial Contract Law 2018-1, Nick Margetson discussed the High Court’s judgment of 21 December 2017 Glencore Energy Uk Ltd and Glencore Ltd versus Freeport Holdings Ltd (“Lady M”), [2017] EWHC 3348 (Comm). In that judgment the fire exception of the Hague (Visby) Rules […]

Supplytime 2017 – An overview of some main changes

In 2017 the Bimco Supplytime 2005 charterparty was updated. In september 2017 Nigel Margetson discussed some main changes in the Supplytime 2017 form as compared to the 2005 form. His presentation can be downloaded by clicking this page open and following this link.

Contracts, negotiation and enforcement in The Netherlands: overview

See Nick and Nigel Margetson’s paper on Dutch contract law that was finalized for Thomson Reuters on 5 November 2020. The publication can be accessed by opening this page and then clicking the following Link.  

Litigation and enforcement in the Netherlands: overview

On 1 August 2018 Nick and Nigel Margetson completed the Thomson Reuters questionnaire on litigation and enforcement in the Netherlands. It contains a comprehensive and practical discussion of dispute resolution in civil law matters in the Netherlands. It can be downloaded by clicking open this page and then by clicking here.

The Longchamp – Construction of Rule F of the York Antwerp Rules

Construction of Rule F of the York Antwerp Rues (the Longchamp):  Judgment of the Supreme Court of 25 October 2017 regarding the question which costs incurred in the period that ship-owners were negotiating with pirates about the release of their hijacked vessel are recoverable as general average under the York Antwerp Rules. This publication was […]

CONTRACTING – Offshore wind transport and logistics

On 28 September 2017 Nigel Margetson spoke about contracting in offshore wind transport and logistics. Nigel’s talk formed part of the DOB Academy’s two day course about offshore wind transport and logistics. DOB is an academy that offers offshore energy education for professionals. Nigel’s presentation can be downloaded by clicking this page open and following […]

Arbitration procedure and practices in The Netherlands

Nick and Nigel Margetson updated their publication on arbitration procedures and practice in the Netherlands overview paper for Thomson Reuters. The original online publication can be viewed here. A PDF copy of the publication can be downloaded by clicking open this page and then clicking the following link.  

Dutch Supreme Court renders judgement in Somali piracy case

On 6 December 2016 the Criminal Division of the Dutch Supreme Court Rendered a JUDGEMENT in a piracy / sea robbery case.   In the morning of 24 October 2012 – as a participant of the anti-piracy missions ‘Atalanta’ and ‘Ocean Shield’ – the Dutch navy vessel Zr. Ms. ROTTERDAM (a Landing Platform Dock amphibious […]


Romania has multiple deposits of deep-sea offshore gas resources with great potential that are in the preliminary stages of being developed. The emerging offshore gas industry in Romania represents major opportunities for business in the upstream, midstream and downstream oil and gas sectors. Opportunities include: Onshore: – The construction of pipelines and other related service; […]

Dutch courts open(ing) for business in English

Incorporation of the Netherlands Commercial Court (NCC) Plans have been completed to incorporate a Netherlands Commercial Court (NCC). The intention is that the NCC will commence its work on 1 January 2017, although this date is subject to the passing of a new law. The NCC will deal with large (international) disputes and will be […]

The Supreme Court of the Netherlands confirms the judgments of the court of first instance and the court of appeal regarding the meaning of the expression “en route” in Marpol Annex II

Dr. N.J. Margetson, partner at Margetson Van ‘t Zelfde & Co. Under Marpol Annex II noxious liquid substances may be discharged as long as the discharge is in accordance with Regulation which provides as one of the conditions for discharge that: “the ship is proceeding en route at a speed of at least 7 […]

Construction of Contracts under English law – Arnold v Britton et al

Arnold v Britton and others [2015] UKSC 36 – construction of contracts under English law Judgment of the Supreme Court of 10 June 2015 in the case between Arnold as respondent and Britton and others as appellants. Before: Lord Neuberger, President Lord Sumption Lord Carnwath (dissenting) Lord Hughes Lord Hodge Summary The Supreme Court repeats […]

Full service solution for contractors who intend to enter the Iranian oil and gas market

CBC Oil and Gas (“CBC”), Margetson Van ‘t Zelfde & Co (“MvtZ”) and Philip Sidney have teamed up to offer a full service solution to contractors and oil companies who intend to enter the Iranian oil and gas market Easing of sanctions: Due to the easing of sanctions it is expected that as of the […]

Negotiating lump sum contracts in challenging jurisdictions

On this page you can download the presentation “Negotiating lump sum contracts in challenging jurisdictions”. The presentation was part of the “Risks and rewards in challenging jurisdictions” seminar at the Offshore Energy 2015 conference in Amsterdam on 14 October 2015.   Download the publication here.

Extension of liability of the owner of a wreck of a vessel

The Kingdom of The Netherlands v Owners of the yacht Qubio – “The Qubio” Supreme Court of the Netherlands : Vice-President F.B. Bakels as chairman and judges G. Snijders, G. de Groot, M.V. Polak and T.H. Tanja-van den Broek 10 July 2015, Case no. ECLI:NL:HR:2015:1836 Full case published on http://uitspraken.rechtspraak.nl/inziendocument?id=ECLI:NL:HR:2015:1836&keyword=ecli%3anl%3ahr%3a2015%3a1836 M.W. Scheltema for The Kingdom […]

Anti Bribery and Corruption Laws Compliance in Offshore Contracting

Paying bribes, “facilitation” payments or so called “consultancy fees” to win contracts or to facilitate project execution is a criminal offence in many jurisdictions that is penalised with jail sentences and large fines. The UK Bribery Act 2010, the OECD Convention on Combating Bribery of Foreign Public Officials (as implemented in the various OECD countries) […]

The language of an arbitration

This note concerns an arbitration under Dutch law between seventeen cargo claimants domiciled outside the Netherlands and two ship owners, one of whom was domiciled in the Netherlands. Failing a choice of language for the arbitration proceedings, a dispute arose between the contesting parties regarding the language of the arbitration. The claimants argued that the […]

“On demand” guarantee – restraining a party from making a call

IN THE HIGH COURT OF JUSTICE, QUEEN’S BENCH DIVISION, TECHNOLOGY AND CONSTRUCTION COURT [2013] EWHC 3201 (TCC) Before : MR. JUSTICE EDWARDS-STUART Between: Doosan Babcock Limited as Claimant (“Doosan”) Counsel: Steven Walker Esq, QC & Miss Serena Cheng and Comercializadora de Equipos y Materiales Mabe Limitada as Defendant (“MABE”) Counsel: Stephen Dennison Esq, QC On […]

Supplytime 2005; Validity of knock for knock under Dutch law

THE COURT OF APPEAL OF THE HAGUE, 11 December 2012, Case no. 200.079.897/01 “VOS SYMPATHY” Judges: M.M. Olthof, A.A. Rijperman and R. van der Vlist Dana Petroleum Netherlands B.V. v Vos Sympathy B.V.   Facts and the court of first instance’s decision Dana Petroleum Netherlands B.V. (“Dana”) had entered into a contract with GB Diving […]

Supplytime 89 Clause 10.e.: Owners’ right to suspend operations

THE HIGH COURT OF JUSTICE, [2012] EWHC 3468 (Comm), December 5, 2012 “GREATSHIP DHRITI” Judge: MRS JUSTICE GLOSTER, DBE Greatship (India) Limited v Oceanografia SA de CV This case concerns an appeal by Greatship (India) Limited (“Owners’) against a Third Partial Final Award dated 13 April 2012 of Mr. Simon Rainey QC and Dr Aleka […]

Deepwater Horizon extent of insurance cover

THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No 12-30230 March 1, 2013 “DEEPWATER HORIZON” Ranger Insurance Limited et al v BP et al The facts Transocean Holdings, Inc. owned the Deepwater Horizon, a semi-submersible, mobile offshore drilling unit. In April 2010, the Deepwater Horizon sank into the Gulf of Mexico after burning […]

Construction of contracts under English law – Rainy Sky

The document that can be downloaded by opening this page and clicking here contains a discussion of the 2011 judgement of the English Supreme Court on the construction of contracts under English law.

The construction of the expression “en route” in Marpol II

The paper that can be downloaded by opening this page and clicking here contains a discussion of the judgement of the Amsterdam District Court of 1 June 2010 regarding the question if under Annex II of Marpol a ship is allowed to leave port, or is allowed to detour, with the sole intention of discharging […]

Ship arrest in the Netherlands

The Netherlands is a jurisdiction in which it is easy to arrest ships. In the paper that can be downloaded by clicking open this page and then clicking here we discuss the arrest procedure in the Netherlands and some typical issues that can arise in the event of a ship arrest. Issues that are discussed […]

The construction in the Netherlands of Art. 3(1) (4) of the Arrest Convention 1952

Over the years some uncertainty has existed in the Netherlands concerning the construction of Article 3.1. and 3.4. of the Arrest Convention 1952, where it is stated: 3(1) Subject to the provisions of paragraph (4) of this Article and of Article 10, a claimant may arrest either the particular ship in respect of which the […]

H(V)R – Under Dutch law Containers provided by the carrier are part of the Vessel

In its judgement of February 1, 2008 regarding the NDS PROVIDER  the Supreme Court  of the Netherlands held that the purpose of the duty of care of the carrier set out in Art.III r.1 H(V)R is that a vessel should protect the cargo from the dangers of the sea, so that it is suitable to […]

Review of Nick’s Phd thesis “The System of Liability of the Hague (Visby) Rules” by Prof. D. Rhidian Thomas

Dr Nick Margetson’s Phd Thesis “The system of liability of articles III and IV of the Hague [Visby] Rules” was reviewed by Professor D. Rhidian Thomas in the Journal of International Maritime Law. Download the review by opening this page and then clicking here.

Arrest Convention 1952 – Increased possibilities for ship arrest in the Netherlands?

In its two decisions of 12 September 1997 relating to the HANJIN OAKLAND (United Kingdom Mutual Steamship Assurance Association (Bermuda) Ltd. versus Hanjin Shipping Co. Ltd, NJ 1998, 687) and the MICOPERI 7000 (United Towing Limited versus Micoperi Offshore S.p.A., NJ 1998, 688), the Supreme Court of the Netherlands (SCN) decided that under Dutch Private […]

Nick’s Phd thesis: “The system of liability of the Hague (Visby) Rules”

The system of liability of articles III and IV of the Hague [Visby] Rules is Dr Nick Margetson’s Phd thesis, published in 2008. It is a comparitive law study of the application of the Hague [Visby] Rules under American, English and Dutch law, whereby Australian and Canadian law is also incidentally discussed. The purpose of […]