Law cases

We have tried to cover the international spectrum of maritime law

In this issue, as always, we have tried to cover the international spectrum of maritime law. For example, Joe Hurley of Norton White brings you up to date with recent legislation down under, and Olga Baglay explains why ship arrest in Russia can be a lengthy business. Freele Kunst provides some interesting insights into the new civil code in the Netherlands Antilles. Jumoko...

Maritime bench marks Greek progress

The law, and western civilisation as we know it, has its origins in Greece. Today, a large chunk of the world fleet is operated by Greek interests, and Piraeus has an important role as an international player in the worldwide shipping community. We asked well-known Greek maritime lawyer Theo Sioufas, founding partner of Theo Sioufas Law Offices, Piraeus, how the Greek legal...

Arbitrator had jurisdiction over all claims

Arbitrator had jurisdiction over all claims THIS dispute arose out of the performance of a tanker voyage charter party between Halki Shipping Corporation, as owners of the tanker Halki, and Sopex Oils Ltd, as charterers. The charter covered the carriage of a cargo of palm and coconut oil from the Far East to Europe. The owners maintained that the charterers had failed to load...

HAVE WE GOT A DEAL?

THE question is often asked, "Have we got a binding deal once we reach the recap stage?" In fact, a better way to look at the question would be, "When does one have a binding deal?" because, if an agreement is formed, it will usually be formed at an earlier stage than the recap. In most cases the recap will only be a repetition in full of the component terms of the agreement....

A political approach to shipping and the law

SENATOR David Angus - 'Goose' to those who know him - doesn't sit still for long. He is also an eternal optimist. The Angus family history may explain why. A pioneer spirit appears to flow through the Angus blood. David's maternal grandparents were Scottish presbyterians from farming and missionary stock who lived a hardy and lean lifestyle. His grandfather arrived in Canada...

IMLI goes from strength to strength

IMLI goes from strength to strength SINCE its inception at the University of Malta in October, 1989, the International Maritime Law Institute (IMLI) has trained nearly one hundred and forty five students from seventy different countries. From Africa, Asia, the Middle East, Latin America, the Caribbean and the Pacific to its own Mediterranean waters, IMLI now has anchors...

What do clubs want from their correspondents?

NOTWITHSTANDING the sophisticated means of communication available in today's shipping industry to enable the master to keep in touch with the owner - and the owner with the club - almost instantaneously when a problem arises, it is the local correspondent to whom the master invariably looks for support and assistance. "The clubs have historically looked to appoint local...

Rule B maritime attachment and garnishment under US law

BY their very nature, ships are here today and gone tomorrow, perhaps never to return. Unfortunately, shipowners and charterers often leave unpaid debts and damage claims behind in their wake. In the US, if a maritime lien exists and the vessel can be located, prejudgment security is commonly secured via arrest of the vessel under Rule C of the Supplemental Rules for Certain...

About Average - Common ground over the reform of general average

About Average CO-OPERATION with the insurance industry to find common ground over the reform of general average was advocated recently by the chairman of the Association of Average Adjusters in London, David Pannell. Speaking at the association's annual meeting, Mr Pannell said that, although there had been criticism of general average from some sectors of the industry, it was...

Panama ready for new challenges

MARITIME law in Panama should make lawyers jealous the world over. Where else would you have a captive audience, a dedicated maritime court, and a government that relishes its country's importance as a maritime nation? But the recent growth in the number of ship arrests has raised questions about the Panama Maritime Court's ability to handle a growing caseload. And with the...

Experts are essential part of French legal procedure

WHEN dealing with maritime matters, and indeed in any dispute raising technical issues, French commercial judges often appoint court surveyors (experts judiciaires) to help them make decisions on cases involving questions of facts which require specialist knowledge. As such, the court survey is an essential part of French procedure, which must not be neglected by parties to...

A land of individuals

SPANISH people are the proudest individualists in the world. They find collective action difficult. They envy each other. They leave to others things which don't directly affect them that day. But they close ranks against foreigners and they work hard for themselves when they need to get things done. These defining national characteristics are reflected in Spain's maritime law...

Working it out - two ways

PANAMA's shipping register, and its reputation as a service provider, has made it popular with ship operators the world over. But it has not always been so popular with those who earn their living in the maritime industries. Until recently, seafarers' labour rights were largely ignored by Panama. Now, however, a new labour code has been set up under the auspices of the Panama...

Maritime dispute resolution in China

GENERALLY speaking, the laws of China can be divided into those which deal with procedural matters, and those which deal with substance. Procedural laws Litigation procedures in China mainly follow the Civil Procedures Law of the People's Republic of China, which was promulgated on April 9, 1991. There are additional provisions dealing with specific maritime issues. Examples...

A lawyer's paradise - or a nightmare?

THE situation continues to arise with some frequency as Conline bills are still widely used, and nvocc carriers (charterers) seem to enter their names (as well as sometimes further co-ordinates) on the front of those bills ever more frequently. The Conline form contains two clauses which jointly create uncertainty and/ or doubts, and furthermore have the potential to cause...