Articles

Editorial

Reeling in the years	Carnival is to have the world’s first non-smoking cruiseship	On the dial	Numerically challenged
Pause for thought	Eat your words	Golden rules	Lars orders
Silent minority	Speed count	Familiar warning	With hindsight
Anything but average	Editor's Column	Editor's Column - about giving some of those less-publicised jurisdictions their say	Editor's Column - Clive was eventually lured to the maritime field
Editor's Column - tradespeople are the happiest workers, with florists, chefs and plumbers	Editor's Column - Aims to try and reduce the risk of terrorism by implementing a framework	Editor's Column - I am opening this column with the words ‘Happy New Year’	Welcome...
Letter to the Editor	THE beginning of the year is a natural time for reflection and planning for new beginnings	HELLO and welcome to the fourteenth edition of The Maritime Advocate	Issue of the magazine brings you news, stories and features
We have plenty of readers of both sexes	VARIETY is the spice of life	WELL, we all survived	WE celebrated our second birthday at the USMLA Fall meeting
We have further increased our growing body of readers and contributors	The seventh issue of the Maritime Advocate	Issue 6 of The Maritime Advocate

Ship finance

Step change in Chinese ship finance scene	Know your risks	Ship finance for a modern Russia	Moving with the times
An old model with new opportunities	New initiatives in French ship finance	Is there an argument for an industry standard on ship finance?

Interview

Morten Lund Mathisen, the partner in charge of Wikborg, Rein & Co’s London office, at the bar with John Guy	At the Bar	At the Bar - The venue for my meeting with one of Spain’s best-known	At the Bar - Only two options - banking or insurance
At the Bar - Pick out one maritime lawyer from the crowds of lawyers	At the Bar - Organising finance deals on ships	At the Bar - CAFÉ Spice Namaste	At the Bar - A board on which staff must enter their names
At the Bar - Talks to Chris Hewer	At the Bar - Maritime lawyers	At the Bar - Soak up the spectacular view of Table Bay	At the Bar - How to mix a 'real' Martini
At The Bar - Back-to-back meetings	Georgina Noakes and Imogen Rumbold do lunch	At the Bar - Unparalleled concentration of shipping-related activity	The Third Man; At a recent LMAA seminar
Chums on Seats - Stephenson Harwood	At the Bar - Suzanne Starbuck gets literary with Nils Thommessen	In Camera - Georgina Noakes talks to Diana Noronha	Chums on seats - Clyde & Co Latin America
Mike Chalos in New York	Georgina Noakes lunches with Peter Jones and gets some tips on life	Chums on seats - Joseph Tan Jude Benny Anne Choo	Chums on Seats - Veirano e Advogados Associados
Chris Potts hosts Roger Overall at the Hong Kong Club	FROM NEW YORK TO YORK	Chums on seats - Wikborg, Rein & Co	Barry MacCarthy lunches with Trevor McGrath
Chums on Seats - Uría & Menéndez	At the Bar - Light lunch with John Guy	At the Bar - About a life in maritime law	At the Bar - Celma Moncada cools down over drinks with Trevor McGrath
At the Bar - Jose Maria Alcantara shares a good lunch in madrid with John Guy	At the Bar - Shares an al fresco bottle with Roger Overall	At the Bar - Lloyd Nelson enjoys an iced tea with Chris Hewer	At the Bar - With John Guy
At the bar - Tim Taylor talks to Georgina Noakes	At the bar - Alison Shaw-Lloyd tells Chris Hewer	Georgina Noakes meets Bill Dorsey

News

Chums on Seats	From shipyard to sale room	IBA	Bowman Gilfillan Findlay & Tait
Hicksons	Staying the course	Keeping your balance	The bigger picture
Connecticut Maritime Association	Expert witnesses	Malta prompts liability leap	Mersey Maritime
Courting publicity	Malta enacts liability convention	Compliments of Hurricane Fabian	Simulating stuff
Phillips Fox	BIMCO’s big idea	Slick operations	Denton Wilde Sapte
Holman Fenwick & Willan	Mersey beat	Eurofin	Progress denied
To count or not to count	Eaton & Van Winkle	Melting pot of the Mediterranean	Waterson Hicks
Defying convention	Today's speed claims - too fast or too slow?	Class act	Manifest disregard of the law - Non-statutory ground
Cause and effect	Chums on Seats - Lex Mundi	Guide to Posidonia	Spain's hidden costs
Cause and effect - Woolf reforms are affecting maritime litigation	Chums on Seats - Norton White	Chums on Seats - Landmark for Lagerlöf & Leman	Chums on Seats - 50 years and counting ...
Chums on Seats - Bugge, Arentz-Hansen & Rasmussen	Chums on Seats - US team defeated in golf rematch	Chums on Seats - New Sydney firm	Chums on Seats - Watson Farley & Williams
CMI at the crossroads	Chums on Seats - Clyde & Co

Ship Arrest

Arresting decision	In favour	Dues and charges	Precautionary restraint in Oman
Arrest in France	Ship arrest in Portugal	Unlawful arrest	Changing arrest
Arrest the conservative way	Turkish arrest	Dutch priority change	When not to arrest
Asset preservation	Arrested development	Ship arrest in Pakistan	Med base in arrest push
Spreading the word	Virtual Ship Arrest	Affiliated arrest the Greek way	Hidden jewels
Passing traffic	Arresting attractions	Ship arrest the Baltic way	Ship arrest in the Netherlands
A test of patience	Ship arrest in Iceland	France: a ship arrest haven?	Arresting ships the Greek way
Defying convention - Establishing international uniformity	Ship arrest and stocking fillers	Arresting vessels in the Netherlands	Singapore's evolving admiralty jurisprudence
Arresting topics	Norway takes preventative measures	An arresting development	Heavy metal
Procedural uncertainty in Dubai courts	French associated arrests	Arrest of vessels in the UAE	Dutch arrest law - making things better
Arrested Development - Hot ticket in maritime law	How to collect your money in Spain	SMA celebrates	Boot on the other foot
Arresting ships

Arbitration

Making appointments	Who knows?The charterers were successful on only six occasions	Do as I say, not as I do	How long is the string?
Singapore launches arbitration chamber	Made-to-measure remedies – security and finality	Precautionary tale	A great leap forward
Mainstream mediation	Who pays for what and when?	ADR – the definitive guide	Running out of options
Arbitration in Sweden	In the interest of arbitration	The right of non-signatories to arbitrate	Spanish act on arbitration
When is final really final?	ICMA XV	For Bermuda read Florida	If you are right, you will win (Oh, HAPPY DAY!)
London plans for ICMA	Adequate assurance (or are they looking for more?)	Good and Safe	Mediating the English way
In Agreement	Challenging question	The bare facts	ADR goes small
German Maritime Arbitration Association (GMAA)	New voices	" . . . or any cause whatsoever . . ."	As one door closes …
The Association of Maritime Arbitrators in Canada (AMAC)	Cargo retention	All in a day's work	First impressions
Illegitimate last voyage	It ain't necessarily so	Autumn in New York	Good and safe - Trade Sol Shipping Ltd v Sea-Land Industries Bermuda Ltd
Errare Humanum Est	Too much	Time-barred demurrage claim	The last word
Slow prosecution	Keeping ADR in the limelight	Exceptional contamination	Arbitrators' powers to order security
Civil justice - looking over the fence	Foreign arbitration clauses in charter parties - a UAE prospective	Feesability study	Loadport demurrage
A question of time and money	Fairness is the key	Of paramount importance	Muddling the issue
Functus officio	Must arbitrators be impartial?	Shipping can no longer afford to shun mediation	In your interest?
Enforcement of foreign maritime arbitral awards in China	Premature delivery	The case for mediating bunker disputes	Arrested development - Dealt with a number of disputes
What price immunity of arbitrators?	Claims against charterers	Open conference, closed list	New SMA rules for mediation
California block stow	London arbitration looks to its strengths	Awarding attorneys fees at arbitration	Original bills of lading
Arbitrating in New York	ICMA comes to New Zealand	Arbitrators to decide limitation	New ballast water regulations in Australia
Cargo damage time bar	Conflicts of interest and disclosure statements	Letters - Is arbitration user-friendly?	Laytime not a general exception
Choosing your arbitrator	Is time of the essence?	The Goose with the golden eggs	Settling the disputes on the Rim
Arbitration options under Greek law	Maritime arbitrators get the congress they deserve	Costly business	Seawater damage
Dissenting in Arbitration	Small but perfectly formed	A guide to maritime arbitration in Russia	Starting out
New arbitration rules for Hong Kong	Safe port	It's not where you do it but how you do it	When TAMARA comes

Ship Registration

Oil fund meets entry criteria	Canadian registration	Flying the flag in Denmark	Flying the Moldovian flag
Behind the flags	Flying the Ghanaian flag	Establishing the Malaysian International Ship Registry	Yacht registration in Gibraltar
New era for Cyprus register	A kind of it’s own	Maltese register goes international	Registering on the Rock
On the register	Investing wisely	On the register - Ship registration in Russia	With all good intentions
The Turkish second register	In search of quality	Setting up shop in Nigeria	Vessel registration under the Venezuelan Law for Reactivation
IRI moves into its second half-century	Liberian register reflects on busy start to 1999	New provisions for registration of vessels in the Finnish Register of Ships	Panama's shipping register gearing up for new millennium
Gibraltar calls the register

Law cases

Danish reform	One step ahead	Carrier’s paradise lost?	Liberalising Chilean law
Law and jurisdiction	Valid passengers	Rising to the challenge	Peas, letters of indemnity and authority to bind
Taking the initiative	Acts of sovereignty	Negative evidence	I say Package, you say Unit
Takes three to Tango	The limitations of the Limitation Convention	Getting personnel	Anything to declare?
Getting in on the act	Out with the old	Lithuania undergoes legal facelift	Fishy business
A question of identity	The use and abuse of English anti-suit injunctions	Spain opens its doors	A question of liability
Protecting the master	On the lien	Maritime law in Sweden	The power of the sword
Damage limitation	Cooking up a conference	Foiling the forgers	Evidenced in writing
When commonsense prevails	Changing course - On the concept of 'fault of the ship'	In with the new	The power of the pea
Valid and enforceable	Clearly inappropriate	The evolution of Greek maritime law	Container mania at Izmir
Law for the modern world	Time for change	Expert evidence - entente cordiale or vive la différence?	Suing the ship
Panama plays host	Corporate killing	US COGSA update	Focus on cargo claims
Fifty years and counting	Capital gains?	Panama channels its maritime future	Netherlands Antilles welcomes new civil code
Mareva v maritime	Damage limitation - shipping industry is anything but static	No room for delay	The importance of examining contractual chains
Maritime claims defined	Contributory negligence set-off in cargo claims in Korea	Maritime law in Chile	The rising stock of Greek shipping
Seaworthy vessel	Taiwan's new maritime law	Going Dutch - Holland as an international legal centre	Snow Delta sets the tone in South Africa
Euromania	Guaranteed sale	Georgina Noakes meets Peter Spendlove, managing director and chief executive of West of England (Services)	Giovanna casualty should signal Lebanese reform
Excavating Egyptian law	Recent New Zealand Admiralty cases	A decade of change	Plus ça change, plus c'est la même chose
Antwerp court ruling provides food for thought	Maritime law in Malta	Is FOB Stowed a standard international commercial term?	No manifest disregard of the law by arbitrator
Argentina looks to advantages of reform	The law of the Far East	Remedies against voyage charterers : The "Arena"	Mixing oil and water
Friendly giant	Exposing a hollow presumption	Evidence without witnesses	Should we leave well enough alone?
The Maritime Law Association of the United States - the first hundred years	Limitation of liability under United States law	CMR - uniformity or divergence?	When worlds collide
Regulation of the safety of foreign pleasure craft on the high seas	Limited appeal - THE honourable judges of the UK appeal courts	Perils of the Sea	Polishing the diamond
A lawyer's paradise - or a nightmare?	Maritime dispute resolution in China	Working it out - two ways	A land of individuals
Experts are essential part of French legal procedure	Panama ready for new challenges	About Average - Common ground over the reform of general average	Rule B maritime attachment and garnishment under US law
What do clubs want from their correspondents?	IMLI goes from strength to strength	A political approach to shipping and the law	HAVE WE GOT A DEAL?
Arbitrator had jurisdiction over all claims	Maritime bench marks Greek progress	We have tried to cover the international spectrum of maritime law

IT

BIMCO’S latest idea

Cookies and spam

Insurance

YAR 1994 v 2004	Should you be registered?	Taking direct action - An innovation introduced in the 1994	Now you see it, now you don’t
Three-way battle at IMO	What's in the box?	Insurance	Spotting a fraudster
Erosion of good faith	Costly and painful	Reform or revolution?	Excessive speed
Extent of duty	Israel's heavy burden for carriers	Reform meets resistance in Australia	Marine insurance law in Greece
Recovery for hijackings under COGSA	Reinsurer's requirement of proof	A muddle in marine insurance	Taylor made for the ILU
Piercing the corporate veil

Ship Management

Managers to maintain recruitment records for seven years

Looking East

Newbuilding supervision contracts

History

Sail to steam

The American Blackstone

Classification

Class reform

Exposing class liability

Are classification societies above the law?

Reviews

Mexico hosts maritime gathering	MARLAW 2005	ICMA 2004 - Setting the standard	IBA Auckland 2004
Peace and serenity required at Vancouver CMI meeting	HNS explained	MARPOL under review	The York-Antwerp Rules revisited
Recent changes in the regime governing the Indian shipping industry	London showcase	Frolicking on the fjord	IBA Durban sweeps the board
Barcelona Shipping Law Forum	Posidonia 2002	Road to recovery	Business as usual
Manifest disregard of the law	Nor-Shipping	Conflict Resolution	Shenzhen in the autumn
IBA 2000	LOF 2000	Anne Frank, Van Gogh and Scopic	ICML China 2000
Art matters	Trust me, I'm a surveyor	Business as usual - Two-part review	Chambers Guide to the Legal Profession 1999-2000
The most pure form of socialism ever devised?	US MLA MEETING	Shipping and the environment	Anticipating the challenge
Frustration without fault	Frozen out	Human weakness	A load of old cod
A civil action	Civil Greece	The Legal 500

Terms and conditions

Lightening the load	Count, stow and seal	Don’t overlook HNS	Once is not enough
Don’t miss the boat	Pay first rules	Malta welcomes new pilot regs	On Q
Standard terms of carriage and exclusion of shore damage to cargo	Flying the flag	Multimodal mayhem	Liability for retention of goods
Package limitation(NEW ZEALAND)	Defending cargo claims in Spain	Outturn clauses in the oil and gas industry	Striving for uniformity
Survival through partnership	New taxes in Brazil	Understanding the Turkish maritime code	Cargo claims under Venezualan jurisdiction
Judgment for bank in fraud case	Frustration arising out of fault	Bills of lading limitation periods under the Hague/Hague-Visby Rules	The Mareva Injunction
What shipowners want from their defence clubs

Legislation

Taking direct action	International thinking	Norway signs up to pollution fund	Schizophrenic jurisprudence
Maritime law in New Zealand – an overview	The Venezuelan Reform	Japan strengthens port state control	Brazil goes public with private aspirations
Legislation regarding pollution from ships	Denmark adopts tonnage tax legislation	Prestige gets royal treatment	Ireland positions itself as global services centre
The Year of the Ship	A leap in legislation	Taking action	Time up for single hulls
Venezuela sets the pace	Making waves in Nigeria	What's new in Australia?	Port state control in the UAE
Amendments to Act 22 in Malta	The administrative investigation of maritime casualties in Greece	Lebanon - Hague-Visby or Hamburg rules?	New tank charter party
Bermuda plays to its strengths	Venezuela opens its doors to shipping expansion	Singapore sets the door ajar	New Gentime charter form
New rules in China	Wearing shades in Nigeria	Special circumstances in Kenya	The new United States COGSA proposal
Russian Federation amends merchant shipping code	For future reference	Late, but not for much longer	Fáilte go...Irish maritime law
Croatia maritime code to be thoroughly amended	Enforcement of Cuban maritime debts in the Canadian courts	Venezuela opens its doors	Reform of Australian cargo liability
Korea pollution crackdown	India urged to ratify CLC	Our woman in Havana, Georgina Noakes, visits the offices of Rado & Associates

Profiles

Finding legal inspiration

In Camera - Leading players in the field is Phillips Fox

MLAANZ - a forum for study and debate

No nonsense and no different

Developments

Modernising Brazil’s maritime infrastructure	Not all plain sailing	Centenary cheer	Shopping, surety and sickness
Maritime liens and mortgages	Cutting the apron strings	Passing the buck	Chasing the pack
Forging ahead	The Admiralty Solicitors Group	Canals and courts	Mexico looks to the future
Up close and personal	Indonesia encourages shipping investment	TAIWAN CONTINUES ITS INDIVIDUAL DEVELOPMENT	Proper planning essential to port development funding
The role and use of experts in marine litigation	Repainting the mailboxes	Regional developments	Recent changes in German transport law and their effect on maritime law
Dubai continues to develop maritime legal expertise	The documentary work of the Baltic and International Maritime Council	Adding value to shipbroking solutions	Establishing international dispute resolution laws and institutions

Mortgage

Understanding ship mortgage law	Enforceable judgement for judicial sale	The right tools for the job	Collecting your mortgage in Spain
Of mortgages and registration

Awards

Wider appeal - Widening of the scope of appeals from commercial arbitration awards

Buried treasure

Recognition and enforcement of foreign arbitration awards in Turkey

Career

The next generation	In Camera	In Camera - She chose maritime law for all the wrong reasons	In Camera - Costas Roussos
In Camera - Launch his maritime career	In Camera - Seagoing experience	Jane Andrewartha of Clyde & Co talks to Georgina Noakes	The European Law Students' Association
Georgina Noakes talks to Mary Hubbard, partner at New Orleans firm Fowler, Rodriguez & Chalos	Georgina Noakes meets shipping banker Rex Harrington	Chums on seats - Ince & Co	Once a lawyer always a lawyer
No sex please, we're women	THE BEST JOB IN THE WORLD	The surprising Jean Richards

Security

Headline hostage	Who is responsible for what?	A tale of two circuits	A question of security
Passenger protection	IMO calls for unity on bulk carrier safety	Legal safety of Nigeria's ports	Safe port and safe berth
A positive approach to safety at sea

Pollution

Wilful and serious	India cleans up	More speed, less haste	Norway clamps down on oil spills
Norway mops up

Ship Agency

Beware of your agent in Turkey

Leading Personalities

In Camera - a barrister with no self-confidence

WISTA goes silver

Georgina Noakes meets Toyoo Mohri

Principal

Who is the principal?

A question of principal

Technology

The admiralty technologist’s quiver	Mental adhesives	Getting scientific	E-vidence of change
Can photos lie?	MARITIME INSPIRATION FOR TECHNOLOGICAL PROBLEMS