Note from the Editor

Ever since the time of the Phoenicians, geopolitics has impacted maritime trade. Conflicts gave rise to strategies that often included blockading trade routes to starve the enemy of its required resources, food, and arms. The strategy was singularly focused and used for centuries.

Today’s geopolitical climate has impacted the maritime industry through rising insurance premiums, increased freight rates, and spiking energy costs. Whether the issue is sanctions, tariffs, the skirmishes in the Red Sea, or the conflict in the Middle East, owners, charterers, shippers, vendors, insurers, crews, and the global consumer are all impacted. Vessels are altering routes, being blockaded, and being shot at. Insurers are trying to manage new and increased risks. And the global consumer is watching its buying power shrink.

The global maritime trade is the engine of the global economy. Today’s strategies to thwart an adversary’s geopolitical goals, while not much different in principle from the strategies of the Phoenicians, have significantly greater consequences for the global community. Notwithstanding the geopolitical landscape, ships are still trading, and the industry is still advancing its technologies. This edition of Mainbrace examines developments in maritime law, both in litigation and arbitration, provides updates on IMO negotiations, and explores the scope of U.S. government investigations of marine casualties.

— William R. Bennett III, Editor


Mainbrace Editors

IMO Net-Zero Framework: MEPC 84 Advances Negotiations Amid Political Headwinds

Jeanne M. Grasso and Holli B. Packer ●

The International Maritime Organization’s (“IMO”) Marine Environmental Protection Committee (“MEPC”) held its 84th session (“MEPC 84”) in London from April 27 to May 1, 2026. The session concluded with a commitment to rebuild consensus on global shipping emissions and proposed IMO Net-Zero Framework (“NZF”), even as the framework faced significant political opposition from the United States and several other Member States.

Background: The IMO Net-Zero Framework

The NZF is the centerpiece of the IMO’s medium-term greenhouse gas (“GHG”) reduction measure, which is intended to be formalized as a new Chapter 5 of MARPOL Annex VI. Its primary objective is to achieve net-zero GHG emissions from international shipping by 2050. The NZF was presented for adoption in October 2025, but the extraordinary session of the MEPC held that month was adjourned without action following significant opposition from several Member States. The IMO was then scheduled to reconvene in April 2026, at MEPC 84, to allow additional time for Member States to build consensus.

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The IMO Adopts the First Global Code for Autonomous Ships

Dana S. Merkel, Alan M. Weigel, and Vanessa C. DiDomenico ●


The International Maritime Organization (“IMO”) formally adopted the International Code of Safety for Maritime Autonomous Surface Ships (“MASS Code” or the “Code”) on May 22, 2026, marking a significant regulatory milestone for autonomous shipping. Adopted at the conclusion of the 111th session of the Maritime Safety Committee (MSC 111), the Code establishes a goal-based framework to govern the design and operation of remotely controlled and fully autonomous commercial vessels. The Code took effect on July 1, 2026.

The U.S. Coast Guard (“USCG”) also released guidance with respect to remotely controlled and autonomous vessels recently. Issued in the form of a Work Instruction, the policy provides guidance to USCG units and industry on approval and oversight of unmanned vessels.

An International Framework Built on Safety, Security, and Environmental Protection

The MASS Code sets out to ensure that remotely operated and autonomous vessels meet the same standards of safety, security, and environmental protection expected of conventional vessels. Ships falling under the Code must also comply with the International Convention for the Safety of Life at Sea (“SOLAS”) and other applicable mandatory IMO instruments. In its current form, the Code applies exclusively to cargo ships and, at this stage, is non-mandatory, giving IMO Member States the opportunity to test its application while laying the groundwork for a future binding instrument.

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Carriage of Cargo on Deck: An Update—Lessons from AGCS Marine Insurance Co. v. M/V Imabari Logger

Noe S. Hamra and Thomas H. Belknap Jr. ●


Introduction

In April 2022, we published an article titled “Carriage of Cargo on Deck: Carriers Be Aware,” in which we discussed the legal risks carriers face when transporting cargo on deck under bills of lading governed by United States law. That article highlighted a critical but frequently overlooked point: neither the Hague Rules nor the United States Carriage of Goods by Sea Act (“COGSA”) applies to cargo that the contract of carriage states is being carried on deck and is so carried. We recommended that carriers include express language in their bills of lading incorporating COGSA into on-deck carriage so as to avail themselves of the statute’s defenses and limitation of liability. Since that article was published, the United States District Court for the Southern District of New York has issued a significant ruling in AGCS Marine Insurance Co. v. M/V Imabari Logger, No. 22-CV-9283 (S.D.N.Y. 2024), that reinforces the very concerns we raised and offers new practical guidance for carriers and their counsel.

Background

The dispute in the Imabari Logger case arose from the shipment of 50 large pumping units from China to the United States. The machines, which had a total cost value of approximately $5.85 million, were carried on the vessel’s deck. During the transpacific voyage, 26 of the machines were lost overboard and others sustained damage. The cargo interests, the purchaser, and its subrogated insurer, brought claims in admiralty against the vessel, the non-vessel operating common carrier (“NVOCC”), and the freight forwarder.

Two bills of lading governed the shipment: one issued by the vessel owner and one issued by the NVOCC. Both bills of lading contained broad “shipper’s risk” clauses purporting to exonerate the carriers from any liability for loss or damage to on-deck cargo, “howsoever caused and even if caused by owners’ negligence or unseaworthiness of the vessel.” Critically, neither bill of lading expressly extended COGSA to on-deck cargo.

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Anatomy of a Marine Casualty Investigation

Thomas H. Belknap Jr. and William R. Bennett III ●

William R. Bennett III, Co-Editor

Blank Rome’s maritime attorneys have been retained in the wake of many tragic maritime casualties that have resulted in the catastrophic loss of life, significant personal injury, damage to the environment, and loss of property. Examples include: the Staten Island Ferry’s allision with a maintenance pier; the blow-out and eventual loss of the Deepwater Horizon; the sinking of the El Faro; the collision of the USS John McCain with the M/V Alnic MC in the Singapore Strait; the Mexican Navy’s tall ship Arm Cuauhtémoc’s allision with the Brooklyn Bridge; and the M/V Dali’s allision with the Francis Scott Key Bridge in Baltimore.

Following decades of experience investigating and advising clients after marine casualties, it is a certainty that marine casualties will continue to occur, notwithstanding marked improvements in the implementation of international safety protocols, safety-related advancements in ship design, and an industry-wide focus and dedication to safety. They hopefully will not occur as often as they once did, but they will happen. And when they do, the scope of such casualties is increasingly larger and more complicated.

Obviously, maritime stakeholders should always strive for and celebrate a goal of zero days lost due to accidents. But industry stakeholders also should always be prepared to respond immediately to maritime casualties when they occur, and should know what an investigation around such casualties will entail.

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Recent Award Highlights the Advantages of SMA Arbitration

John D. Kimball and Noe S. Hamra ●

A recent consolidated arbitration conducted under the rules of the Society of Maritime Arbitrators, Inc. (“SMA”) highlights several advantages of SMA arbitration for maritime and transportation disputes. The case is The M/V Della, SMA No. 4526 (2026). The dispute arose out of back-to-back booking notes for the carriage of approximately 10,000 to 12,000 metric tons of bagged polyester pellets from Taichung, Taiwan, to the United States, with one booking note between Centurion MPP Pte Ltd. (“Centurion”), as disponent owner, and Industrial Maritime Carriers, LLC (“IMC”), as charterer. There was a second booking note between IMC and DYLO, Inc. (“DYLO”), as sub-charterer.

The consolidation procedure in the SMA Rules was particularly important. Section 2 of the SMA Rules provides for consolidation of arbitrations before a single panel of three arbitrators when disputes arise under two or more contracts subject to the SMA Rules and involve common questions of fact or law, or substantially involve the same transaction or series of transactions. Section 2 provides for the panel to hear and decide the disputes and issue final and binding awards in the consolidated cases. In this matter, Centurion, IMC, and DYLO agreed to consolidate their disputes because the two booking notes were back-to-back and the claims involved many of the same facts and legal issues.

The consolidated hearings and briefing produced a more efficient and commercially coherent result than parallel proceedings would have offered. The same panel was able to decide Centurion’s claim against IMC and IMC’s pass-through claim against DYLO in a single proceeding, reducing the risk of inconsistent factual findings or conflicting rulings across separate arbitrations. Witnesses for all three parties testified and documents were produced by all parties. Consolidation of the arbitrations was especially important for IMC as the middle party in a pass-through situation.

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Spotlight on …

Get to know Blank Rome Maritime team members Alexandra Clark and Natalie M. Radabaugh

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News & Rankings

Chambers USA 2026 Recognizes Blank Rome Attorneys and Practices

Chambers USA nationally recognized Blank Rome as Band 1 in Transportation: Shipping/Maritime: Litigation (New York), Transportation: Shipping/Maritime: Litigation (outside New York), and Transportation: Shipping/Maritime: Regulatory, as well as ranked our firm in Transportation: Shipping/Maritime: Finance. Additionally, 10 attorneys in the Maritime group were individually ranked. Read More >>>

Blank Rome Attorneys and Practices Highly Ranked in The Legal 500 United States 2026

The Legal 500 United States 2026 ranked Blank Rome as a “Top-Tier Firm” in Transport: Shipping: Litigation and Regulation and a “Recommended Firm” in Transport: Shipping Finance. Fourteen Blank Rome Maritime attorneys were individually recommended, with Anthony Salgado, Jeanne M. Grasso, and John D. Kimball named to the “Hall of Fame.” Read More >>>

Blank Rome Attorneys Recognized in 2026 Lawdragon 500 Leading Lawyers in Maritime, Admiralty & The High Seas

Sixteen Blank Rome Maritime attorneys were recognized in the 2026 Lawdragon 500 Leading Lawyers in Maritime, Admiralty & The High Seas guide. This inaugural edition highlights leading lawyers whose practices span a wide range of maritime matters, including piracy, international disputes, offshore energy, superyachts, cruise ship injuries, and ship finance. Read More >>>

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Severe Weather Emergency Recovery Team (“SWERT”)

SWERT is an interdisciplinary group of Blank Rome attorneys and government relations professionals with decades of experience helping companies and individuals recover from severe weather events, including hurricanes, wildfires, mudslides, snowstorms, earthquakes, and tornadoes. We are ready to assist those in the path of storms and other severe weather events.

Learn more at blankrome.com/SWERT.

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