Articles: Maritime Law

Saving to Suitors Clause: Understanding the Fundamentals

Under the jurisdictional statute, 28 U.S.C. § 1333(1), federal courts are granted “exclusive” jurisdiction over maritime claims. At the same time, the saving to suitors clause preserves the concurrent jurisdiction of state and federal courts. How to reconcile this conflict? Are there any other conflicts related to the saving to suitors clause? These questions are explored in this article.

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Maritime Law Digest: July 2024

This is the July 2024 edition of Maritime Law Digest, a monthly review of the most significant maritime cases decided primarily by the U.S. Supreme Court, U.S. Courts of Appeals, and state supreme courts.

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The Suez Canal Blockage: Can the Carrier Recover the Increased Shipping Costs Caused by Rerouting?

When the Ever Given, a large container ship, became lodged in the Suez Canal in March 2021, it blocked one the world’s busiest maritime routes for several days. This incident led to a significant disruption in global trade, as hundreds of ships were delayed or forced to reroute around the southern tip of Africa instead of passing through the canal. Rerouting around the southern tip of Africa, known as the Cape of Good Hope route, can add approximately 7 to 10 days to a ship’s journey. This longer route increases fuel consumption and operational costs. Can the carrier recover the increased shipping costs from the charterer? This question is analyzed in this article.

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