International thinking

International thinking

SHIPPING is an international industry. That is good news, and that is why we have uniform application of rules across international boundaries, in the full knowledge of contracting parties. It is not so good when some of the most powerful countries in the world refuse to sign up, or when international regimes conflict with antediluvian local laws written by priests on tablets of stone, or when powerful regional organisations draw up panicky and unreasonable laws.

Some of the problems of uniform application and international interpretation are insoluble, which is just as well for the dispute resolution industry. But sometimes things happen which are for the greater international good.

In recent weeks we have heard that the Venezuelan Supreme Court of Justice (TSJ) has finally reached a decision to set up the Venezuelan First Maritime High Court, as well as the First Maritime Court, both based in Caracas and both having lawful nation-wide jurisdiction. The Venezuelan Law on Maritime Proceedings of 2001 established the legal basis for these courts, but the administrative process of creating the courts and nominating judges has been delayed for almost three years.

It is hoped that the new courts will contribute to the process of finally developing a specialised maritime forum to discuss and litigate maritime cases in Venezuela. The establishment of these courts is also seen as an opportunity to overturn the dynasty of the civil and commercial courts in Venezuela, which have traditionally included maritime cases in the antiquated civil law of the Venezuelan legal system.

Now, maritime cases should be litigated more efficiently and quickly, in accordance with the modern principles of maritime law as provided by the package of maritime legislation enacted in Venezuela during the past three years.

In Singapore, meanwhile, the government has passed a bill removing the previous requirement that foreign counsel must appear jointly with a Singapore lawyer in arbitration proceedings involving Singapore law. This seems likely to increase Singapore's attractiveness as an arbitration venue, and to offer more dispute resolution alternatives to the shipping industry.

And finally, the Chambre Arbitrale Maritime de Paris has published in its newsletter, for the first time, English translations of abstracts of recent French maritime arbitration awards. In an ideal world, we would all speak French and English, but it is good to see arbitrators in France compromising just a little on justifiable pride in national identity in the interests of reaching a wider audience.

As we said, shipping is an international industry.

Single Dutch

NOT so international, but nevertheless deserving of merit, is a new book which examines the complexities and internationally varying execution of the Hague-Visby Rules, which subject must have accounted for more billable hours in lawyers’ offices throughout the world than any other.

The book is a collaboration between no fewer than eight different authors. It is edited by Nigel Margetson, a lawyer with AKD Prinsen Van Wijmen, and Marc Hendrikse, an assistant professor specialising in maritime law at the University of Amsterdam. And it is written in Dutch. This might not sound like a shot in the arm for internationalism but, among other things, the book discusses in detail a fundamental and often controversial pitfall for the unwary under Dutch law - “who and under what circumstances has title to sue under a bill of lading?”

The authors explain that the Title to Sue defence under the Hague-Visby Rules, despite a long case history, still frequently traps unwary litigants in Holland and needs to be better understood.

Dutch lawyers, of course, think in their own language and speak English.

Een praktische benadering van de overeenkomst van goederenvervoer over zee - (A practical approach to the contract of the carriage of goods by sea), by N H Margetson and M L Hendrikse, ISBN no. 90-13-01908-0, is published by Kluwer and is available from bookstores across Holland and from www.kluwer.nl priced € 51,50.

LMAA moves

THE London Maritime Arbitrators Association has been unable to renew the lease on its office at Rodwell House due to the refurbishment of the building, and is relocating to the offices of M J Kusel & Co, 124 Aldersgate Street, London EC1A 1JQ. Tel: 44 207 490 7334. Fax: 44 207 490 4383.

The LMAA policy towards publication of awards remains unchanged.