Articles penned by Members
Committed to providing knowledge to the shipping industry, here you will find a list of articles penned by our members on arrest practices, commentary on recent judgments, case summaries, and latest legislative changes around the globe.
• LOUs Containing a Sanctions Clause by Felipe Arizon (Arizon Abogados, Spain) For those making use of Letters of Undertaking (LOUs) in the context of ship arrest practice, this is an interesting case for reading as it deals with the inclusion of a sanction clause within the terms of a LOU issued in the context of a collision case.
• Groundings in the Suez Canal – Law & Liability by Hany Mamoon & Karim Marouny (Al Tamimi & Company, Egypt) The Suez Canal’s significance to global trade was clearly manifested during the grounding of the Ever Given on March 2021, the mega box vessel which blocked the Canal for six days causing global disruption in shipping and keeping plus 400 ships stranding at both ends of the Canal. Groundings across the Suez Canal do raise legal questions as to who is responsible for grounding incidents under Egyptian law. The main points of concern are laid out in this article.
• Frequently Asked Questions on Ship Arrest in Panama by Jorge Quijano (J. Quijano Abogados, Panama) Eight questions and answers to some of the most frequently asked questions regarding ship arrest and release.
• Judgment Summary of Tarik III by Dave Dickinson (DJ Dickinson & Associates, South Africa) An important judgment from the South African Supreme Court of Appeal regarding Owners responsibilities of demise chartered vessels.
• Commentary on Judgment of Court of Appeal in Gdansk, Poland by Bartosz Biechowski (Attorney at Law, Maritime and Commercial Law Office, Poland) Form of the arbitration clause and authorisation to conclude an arbitration clause under Polish law – Commentary on the judgment of the Court of Appeal in Gdansk, Poland in the case I AGa 196/19 of June 16, 2020
• Ship Arrest: Sham & Facades of Ownership by Nathan Wheeler (LSR Services, Hong Kong)
The webinar held on the 25th Nov. 2021 was organized by the International Malaysian Society of Maritime Law(IMSML), with invited speakers Mr. Nathan Wheeler, Founder of LSR Services, and Mr. Oon Thian Seng, Partner of law firm T S Oon & Partners, Malaysia. The seminar highlights the complications of vessel ownership and how to determine true beneficial ownership from sham setups and facades…
• Ship Arrest in Kingdom of Saudi Arabia by Ahmed Hashem & Ahmed Al Basrawi
(Al Tamimi & Co., KSA) In 2007, the Saudi government announced a set of support packages of the judicial system and a series of legal reforms, and among these reforms is the passing of the Commercial Maritime law issued by way of Cabinet Resolution No. 197 of 1440H – Royal Decree (M/33) of 1440H in 2019 (the “Maritime Law”).
• Maritime Disputes and the Avenues for Resolution by John Sze (JTJB LLP, Singapore)
It’s no secret that companies across the globe are contending with a myriad of commercial disputes as a consequence of the effects of the COVID-19 pandemic. Intrinsically intertwined with global supply chains, the shipping sector holds no immunity.
• Associate vessel arrest decision under Chilean Courts: M/V Robin 4, January 14, 2022 by Rafael Durán (Durán & Cía, Chile) A recent sister ship arrest highlights the advantageous aspects of the Chilean jurisdiction for those seeking claims recovery.
• IMO 2020: Industry experts reflect of industry challenges by K Murali Pany (JTJB LLP, Singapore) The IMO 2020 sulphur cap was a hot button topic at shipping conferences worldwide in 2019 leading up to it being made compulsory on January 1, 2020. However, little was heard about the new cap after its implementation. In this article and video (in link) a panel of various industry experts gathered to reflect on and discuss the myriad of challenges and issues their businesses and clients encountered in transitioning to very low-sulphur fuel oil (VSFLO).
• Ship Arrest in Ukraine: Relevant Procedure in Brief for Practical Usage
by Andrii Mashchenko (MBLS Law Firm, Ukraine) discusses the nuances of ship arrest practice in Ukraine.
• Flag Injunctions – A Different Approach to Shipping Claims
by Jacy Whittaker (ParrisWhittaker, The Bahamas) Faced with a maritime-related claim(…), ship arrest is often the remedy of choice for creditors. But flag injunctions are a useful alternative, particularly where a creditor is concerned about a debtor’s financial status or the possibility that a debtor may attempt to reduce assets to avoid discharging a debt. In this article, we examine flag injunctions and consider in some detail when they might be a more effective legal remedy than ship arrest.
• Precious Cargo? The Importance of Due Diligence in Commercial Transactions
by Jacy Whittaker (ParrisWhittaker, The Bahamas) An important ruling on this topic has been handed down by the Court of Appeal in the UK which has important persuasive authority on the courts in The Bahamas. The ruling followed a long-running dispute where there had been navigational dangers and a failure in the preparation of the passage plan.
• Options of Registering Foreign Vessels under the Russian Flag
by Alexey Karchiomov (Egorov, Puginsky, Afanasiev & Partners, Russia) speaks about the options for registering a vessel in Russia in this short video seminar.
• Ship Arrest in Cyprus and how ship management companies can recover from the ship owners
by Andria Kouloumi (Michael Kyprianou – Advocates & Legal Consultants) A general guide to recovering claims in Cyprus.
• Taking Back Control – commercial solutions through ship arrest
by Lewis Moore, Rosie Goncare, Colin Lavelle (Hill Dickinson, UK) host a webinar series reviewing some of the commercial complications to be considered when arresting a vessel.
• The Remedy of Ship Arrest for Unpaid Bunker and Other Supplies at the Maritime Courts in Panama
by Jorge Quijano (Quijano & Associates) In an era where service providers offer credit facilities as means to develop a continuous business relationship with the main key players in the industry, it is not uncommon that the party that receives such necessaries falls in default and the supplier is compelled to seek a legal remedy to collect the outstanding debt.
• The MV Alkyon A landmark English case where the Court of Appeal reviewed very interesting case law, considered whether The Evangelismos stands as good law, examined other jurisdictions on wrongful arrest, and ruled on whether the arrestor should be asked to place counter security, failing which, the ship should be released.
• Injunctions Over the Right of Disposal of Ships
by Mykola Kozachenko & Aleksey Remeslo (Interlegal, Ukraine) Some jurisdictions, in addition to ship-arrest, offer another practical mechanism to secure a claim, which is generally referred to as an injunction. This article discusses 3 jurisdictions in particular – Panama, Cyprus, and Malta.
• An OW Bunker Saga Case Summary
by Gary Seitz (Gellert Scali Busenkell & Brown, LLC) In its decision rendered January 14, 2019, the US Court of Appeals for the Fifth Circuit again concluded a creditor did not have a lien against a vessel since the “facts showed no more than that the vessel’s agents were aware of the physical (bunker) supplier’s identity—not that the physical supplier acted “on the order of” the vessel’s agents.”
• The Ship Arrest Concept
by Margareth Galho (Margareth Galho – Escritório de Advogados) Angolan member, Margareth Galho, takes a look at dispute settlement under UNCLOS (United Nations Convention for the Law of the Sea) at the International Court for the Law of the Sea (ITLOS).
• Russia to Establish New Register of Ships Owned by Foreign Companies
by Alexey Karchiomov (Egorov Puginsky Afanasiev & Partners) The right to fly the Russian flag was previously granted only to those ships that were owned or bareboat chartered by Russian entities, the following amendments constitute a step totally unprecedented for Russia.
• 13 June 2018 Decision on maritime liens in US
by Mathias Steinø (Hafnia Law Firm) News straight from the court book! A relevant decision handed down on maritime liens by the US Court of Appeals for the Second Circuit finding favor of OW / ING concerning the vessel TEMARA.
• Maritime Arrests and Attachment in the Delaware River and Bay Region of the United States
by Gary Seitz (GSBB Law) Local insights into arrests and attachments in the Delaware River and Bay Region
• Ship arrest in Ukraine: updated regulations
by Andrey Perepelitsa (Interlegal Law Firm) Amendments to the Commercial Procedural Code of Ukraine and Civil Procedural Code of Ukraine regarding ship arrest bring Ukrainian legislation closer to the International Convention Relating to the Arrest of Sea-Going Ships and global ship arrest practice.
• Legal regime of incentives to maritime financing
by Belilsario Porras (Patton, Moreno Asvat International Lawyers) The creation of Law 50 in Panama
• Improving ship arrest procedure in Ukraine
by Evgeniy Sukachev & Irina Dolya (Black Sea Law Company) Significant changes anticipated for ship arrest procedures in Ukraine
• Port State Control in Ukraine: Obstacles & Changes
by Evgeniy Sukachev & Irina Dolya (Black Sea Law Company) Difficulties shippers face in the bureaucracy of Port State Control in Ukraine
• 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.
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