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Common sense and good faith

IN France, maritime arbitration is part of general arbitration, and is governed by domestic laws and by the New York Convention. Firstly, arbitration is vested with judicial authority. In France, an arbitration award is a genuine judgment. Arbitration is therefore subject to all legal provisions governing judiciary procedures before the courts, including, for example, the...

Convenient forum

Convenient forum The "Kapitan Shvetsov" THIS dispute before the Hong Kong Court of Appeal had its origins in a collision in Bangkok's Chao Phyra river between the Russian tanker Kapitan Shvetsov and the Singaporean containership Nanta Bhum. The Russian vessel and its cargo of molasses was declared a constructive total loss, but the Singaporean vessel was able to proceed to...

Australia - anything is possible

Bob Hartley, ASA, "Our message to the government is that it should decide whether or not Australia wants a national fleet. If so, it will need to provide assistance to meet foreign competition." Report by Roger Overall IT is no surprise that Australia was one of the last parts of the world to be explored by European mariners. It is at the edge of everything and at the heart...

Puerto Rican cocktail

MENTION of the West Indies, where the Puerto Rico archipelago lies, normally evokes thoughts of diving, secluded beaches, and piña coladas. However, the advocacy of maritime law, a topic dear to our hearts and pockets, is vibrant in this region. Puerto Rico has had its fair share of events which have helped develop its maritime legal services - just ask the lawyers involved in...

Forum selection - Recognises the presumptive validity

Forum selection RECENT US court decisions have refused to enforce forum selection clauses in bills of lading in circumstances where the foreign forum does not recognise the concept of an in rem claim against a vessel. This has resulted in the court retaining the in rem claim against the vessel while dismissing the in personam claim against the carrier. US maritime law...