The efficiency of using container ships globally is at a low level, especially on the trans-Pacific and Eurasian routes, causing the container freight rates to drop continuously in the past time.
Sea-Intelligence noted in a recent analysis that "Global demand continues to decline and whether we calculate growth in TEUxMiles or as a percentage year-to-date in 2019, one thing is clear. It's clear: the supply/demand balance is under a lot of pressure."
The latest demand data from the Bureau of Container Trade Statistics (CTS) shows that in August 2022, year-over-year growth was lower than that seen in 2019.
Sea-Intelligence further noted "In order to maintain very high spot rates, nominal usage exceeding 92%-93% needs to be maintained on the transpacific service, and with threshold levels on the Asia-Europe route is 85%." However, across the trans-Pacific, capacity utilization fell below 90% for most of 2022, and the price drop continued.
On the Asia-Europe service, train utilization has decreased further. As we can see in Figure 1, the 2022 utilization in Asia-Europe has been consistently below the 85% threshold, which is unlikely to trigger a rate increase and although utilization has improved in August to 74% from 72% in July; the 2-month average continued to decrease from 76% to 73%.
This latest data simply reconfirms what has happened since the beginning of 2022, there is no fundamental support for rates to continue to soar across the trans-Pacific and Asia- Europe.
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Company T (Plaintiff – the Insured) entered into an insurance contract with Company B (Defendant – the Insurer). After the insured event occurred, the Insurer alleged that the Insured had violated its obligation to prevent and mitigate losses. The Arbitral Tribunal acknowledged that such an obligation exists but concluded that the Insured did not breach it.
Under the insurance contract, the premium was to be paid in three installments, and in all three, the insured party was late in payment. When a dispute arose, the insurer (Defendant) argued that the insurance contract had terminated before the insured event occurred due to the late premium payment and therefore refused to make an insurance payout. However, the Arbitral Tribunal held a contrary view.
Company Q (Plaintiff – the Insured) and Company B (Defendant – the Insurer) entered into an insurance contract. After an insured event occurred, the parties could not agree on the value of the loss and therefore conducted an assessment. The unilateral assessment conducted by the Insurer was not accepted, while the independent assessment was only partially recognized.
