Executive Summary
- The case concerns claims by Tanga Pharmaceuticals Plastics Ltd and others (Claimants) against Emirates Shipping Line FZE (Defendant) relating to cargo damage and salvage costs following a motor engine failure of the vessel *MV Alion* in September 2021.
- Cargo shipped from India, UAE, and Saudi Arabia to Mombasa under Bills of Lading governed by English law.
- Claims arose from salvage services rendered and general average declarations; claims were notified in November 2022 and issued in June 2023.
- The Defendant sought summary judgment on the basis that claims were time-barred under the Bills of Lading terms.
- The court considered contractual terms, applicable carriage conventions (Hague Rules, Hague Visby, Hamburg Rules, COGSA), and jurisdictional issues.
Sanctions Highlights
- — No sanctions implications identified in the case.
Emerging Risks
- Potential for increased litigation risk in multi-jurisdictional carriage contracts involving complex salvage and general average claims.
- Time-bar provisions in Bills of Lading remain a critical risk factor for claimants, especially with extended delays in claim notification and issuance.
- The interplay of multiple carriage conventions (Hague Rules, Hamburg Rules, COGSA) depending on shipment origin/destination complicates liability and limitation issues.
- Reliance on English jurisdiction and law may limit claimants’ options but also provides clarity on procedural timelines.
Geopolitical Impact
- The case involves shipments originating from India, UAE, and Saudi Arabia, with cargo destined for Kenya, highlighting key trade routes in the Arabian Sea region.
- The involvement of English law and jurisdiction underscores the UK’s continued role as a legal hub for international shipping disputes.
- The US legal framework (COGSA) is incorporated for shipments involving the US, reflecting transatlantic trade linkages.
- The case reflects ongoing commercial interdependence between Middle Eastern, South Asian, African, and Western markets.
Economic Intelligence
- The dispute underscores the economic significance of maritime logistics in the India-Gulf-Africa corridor.
- Salvage and general average costs represent substantial financial exposures for cargo owners and carriers.
- The timing of claims and settlements (mid-2022 to mid-2023) suggests protracted negotiations impacting cash flow and risk management.
- The case highlights the importance of clear contractual terms to mitigate financial losses in maritime transport disruptions.
Strategic Recommendations
- Parties engaged in international shipping should rigorously monitor and comply with time-bar and notice provisions in Bills of Lading to preserve claims.
- Legal counsel should assess applicable carriage conventions early to determine governing liability regimes and limitation periods.
- Stakeholders should consider jurisdictional clauses carefully, favoring stable legal environments like English courts for dispute resolution.
- Cargo owners and carriers should enhance risk management protocols around salvage and general average events, including timely documentation and communication.
- Monitoring geopolitical trade routes and legal frameworks can provide early warning of emerging risks in cross-border maritime commerce.
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**Source Notes:**
*Sanctions Intelligence Digest* — [https://empyreanprotocol.com/litigation/view/www.bailii.org/ew/cases/EWHC/Comm/2025/368.txt](https://empyreanprotocol.com/litigation/view/www.bailii.org/ew/cases/EWHC/Comm/2025/368.txt)