As of 1 January 2021, the United Kingdom will no longer be part of the Customs Union. The end of the transitional period will involve the introduction of checks on goods at borders in stages, the imposition of special customs obligations on traders importing controlled goods and finally the accession of the United Kingdom to the Common Transit Convention (CTC) no longer as an EU Member State, but as a separate contracting party.
On September 21, 2020 BIMCO has adopted a new arbitration clause. Several aspects are harmonized by the new clause, such as the choice of forum, the governing law and all the applicable terms in accordance with the chosen arbitration association. One of the most important key change concerns the notices of commencement of proceedings and the appointment of arbitrators. The new Law & Arbitration Clause address these issues with a provision requiring parties to a contract to clearly identify who are authorised to receive arbitration notices and communication.
Starting form 1st November 2020, the place of taxation of the leasing or chartering services for pleasure yachts is considered outside the European Union, only if it can be proved – with sufficient evidences – that the effective use and utilization of the service takes place outside the European Union.
Filippo Pellerano and Francesco Gasparini have authored the Italian chapter of the comparative guide Shipping 2021 – Lexology Getting the Deal Through, published by Law Business Research, a publication containing a cross-jurisdiction analysis of maritime regulation for the international shipping industry.
This article provides with a brief insight of the main provisions introduced by Law Decree n. 34 of 19 May 2020 (the so called “Decreto Rilancio”) and by the Law decree n. 104 of 14 August 2020 (the so called “Decreto Agosto”) and the impact on the air transport industry.
The Italian Journal of Tourism Law (Rivista Italiana di Diritto del Turismo) issued a special volume dedicated to the impact of Covid-19 on tourism activities and its legal implications.
Marco Lopez de Gonzalo of our firm contributed with an article titled “Navigating in an emergency: cruises and Covid-19”. It is available in open access on the website of the publisher www.francoangeli.it
The contingency plan drafted by the Eu Council should ensure coordination and guidelines for the Member States in order to avoid sever impacts on transport of goods as clarified in the recent article published on www.transportwatch.eu
Following the recent measures introduced with the D.L. n. 125/2020 and the consequential extension of the state of emergency, the effectiveness of the requirements of dpcm 7 August 2020 for the movement of crew and crew of means of transport has been extended. These measures provide, upon their entry into Italy, the compilation of a self-declaration proving the work needs, as well as the prior communication to the department of prevention of the health company competent according to the place of entry.
The epidemiological emergency from Covid-19 has had a strong impact on the cruise transport sector, raising various legal issues regarding contagion liability. In particular, on the compensation of damage from “emotional distress” a recent ruling by the United States District Court has illustrated the criteria necessary to admit the compensation of the aforementioned damage, requiring the existence of both material damage and a near risk of such damage.
The last amendment to “Decreto Rilancio” has been recently approved by the Parliament by the introduction of new art. 199 bis pursuant to which the ship can carry out operations under self-handling under certain conditions.