Navigating Uncharted Waters? Indemnities and Releases in Offshore Drilling Contracts Post-Macondo Litigation

摘要

The In re Oil Spill Rulings signify a departure from the traditional rule that indemnities for claims caused by gross negligence are not permissible under maritime law. Instead, the In re Oil Spill Rulings instruct that maritime law does allow indemnification for the compensatory damages portion of claims caused by gross negligence, just not the punitive damages portion nor fines assessed for penalties assessed under the Clean Water Act.