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Members’ Articles

Members’ Articles

Committed to providing knowledge to the shipping industry, here you will find a list of articles penned by our members on arrest practices and latest legislative changes around the globe.

Commercial Court upon Ship Arrest in Ukraine
by Arthur Nitsevych & Alyona Ptashenchuk (Interlegal, Law Firm) The procedure for ship arrest in Ukraine, issues for correction and legal gaps faced by judges during proceedings, and possible ways of settlement.

The Action in Rem
by Marc De Man (De Man Pillet Barristers & Solicitors) The origin and development of the powerful weapon of the action in rem, Marc de Man strongly advocates for the utility of the procedure and poses a thoughtful question to civilian jurisdictions who ignore it. 

Ship Release in the Russian Federation
Natalia G. Prisekina (Russin & Vecchi L.L.C. International Legal Counsellors) provides an overview of the Russian legislation applicable to ship release and court practice related to ship release.

Case Comment: The Commercial Court of Donostia refuses the amounts claimed as wrongful arrest damages
by Dr. Felipe Arizon (Arizon Abogados S.L.P) Spanish courts reject a fraudulent claim for a simulated loan between shipowner and bareboat charterer as a result of arresting procedures.

The “Awakening” of the English Naval Prize Act 1864 – by the Haifa Maritime Court
John Harrris & Yoah Harris (JOHN HARRIS & CO) explain the extensive judgment dated 31 August 2014 where a judge of the Haifa Maritime Court held that he is authorized to act as a Prize-Court judge giving orders and directions relating to vessels captured by the Israeli Navy whilst trying to break the naval blockade.

Cyprus, Demise Charterers, case commentary, by Oxford Maritime Ltd
The Court in Cyprus was recently posed the question as to a vessel can be arrested for claims against demise charterers. Janet Zenonos Kuts comments the case.

The Kombos: the interplay between vessel arrest and enforcement of arbitration awards, by Crump & Co, Hong Kong
The member firm in Hong Kong, Crump & Co, shares the effect of this significant judgment: vessels can still be arrested under the in rem jurisdiction of the Court as long as the judgement or arbitration award in personal remains outstanding.

China, Proposed Draft Provisions on Arrest and Judicial Sales of Ships, by Wang Zhonghua, YOUHUA
To regulate the procedures of arrest and judicial sales of ships, the Chinese Supreme Court recently drafted provisions. Wang Zhonghua, YOUHUA law firm, shares with us the main points.

Canadian insolvency law and maritime law, by Bull, Housser & Tupper LLP
Kieran Siddall, Shelley Chapelski and Jason Kostyniuk briefly reviews some Canadian jurisprudence addressing the jurisdictional conflict between the Federal Court of Canada exercising its admiralty in rem and the jurisdiction of the provincial superior courts over insolvency matters

The Supreme People’s Court of the People’s Republic of China Clarifies Some Issues for Maritime Cases, by Wang Zonghua
On 18 July 2012, the National Conference on Maritime Trials clarified eleven issues regarding the trial of maritime cases, which will provide some guidance for shipping law practitioners: validity of foreign-related arbitration agreement, choice of applicable law, contract on carriage of goos by sea, marine insurance, pollution, demurrage, crew, mortgage, ship arrests…

Takayuki Matsui on Japanese Reorganization Law
Takayuki Matsui explains the Japanese reorganization procedures, very similar to the Chapter 11 of  the USA, and its unique provision, called the “Territoriality Rules”.

Ship Arrest as Security for an Arbitration Claim in Malaysia: Post the Arbitration (Amendment) Act 2011, by Rahayu Abd Ghani
The newly set up Malaysian Admiralty Court can now order the arrest of a vessel in an admiralty claim as security for the satisfaction of any award given in any arbitration.

Ukraine Accedes to the International Convention Relating to the Arrest of Sea-Going Ships (1952)
Aleksander Chebotarenko (International Law Office) keeps us informed on the legal changes in his country.

Flying the flag of a contracting state, by Hugh Kennedy, Kennedys
The Admiralty Court in Ireland recently considered if there was jurisdiction to arrest an unregistered pleasure yacht and gave an interesting definition of the term “flying the flag of a contracting state” in 1952 Arrest Convention.

The Jurisdiction of the Maritime Courts at the Panama Canal, by Remy F. Carreira-Franceschi
Although the maritime courts of Panama were conceived as a tribunal for the international administration of justice, Panama has created a “vessel-rich” scenario thanks to the transit through the Canal which saves costs in international trade. Panama is currently experiencing a steady growth to develop its maritime industry: structure wise with the Canal expansion; investment wise with the development of a “mega port”; and legally by actualizing its maritime laws. The new procedural code for the administration of the maritime jurisdiction is the object of this article.

Arrest of Vessels: Practical Considerations, by Robert Toney, National Maritime Services
During good economic times, commercial ship lenders and other claimants don’t hesitate to arrest vessels when a particular ship owner is in default. Under these circumstances, the general feeling is that one could easily foreclose a mortgage, in almost any jurisdiction in the world, await the court sale, and watch multiple bidders run up the price to a point that covered most claims and the associated costs of arrest. In recent years the shipping market has changed, a result of bleak global economic conditions; so too has the expectations associated with vessel arrests.

N.B.*The information on this site and/or the material published on this site is for general information only and does not claim to be comprehensive or provide legal or other advice. Articles and other publications on this site are current as of their date of publication and do not necessarily reflect the present law or regulations. SHIPARRESTEDCOM SL accepts no responsibility for loss which may arise from accessing or reliance on information contained in this site.