Admiralty and Maritime Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Admiralty and Maritime.
September 14, 2016 By Villagran Lara, Attorneys
A comparative analysis which provides the idea on the impact of international conventions and the implementation of different kind of liabilities.
August 24, 2016 By GRP Rainer LLP
Since the beginning of the year, the MS Conny Schifffahrtsgesellschaft mbH & Co. KG (a shipping company) has been the subject of insolvency proceedings (Az.: 504 IN 16/15). The fund vessel MS Cornelia now appears to have been sold.
August 16, 2016 By AM Oktarina Counselors at Law
Maritime Labour Convention 2006 is a global milestone for the maritime industry. However Indonesia has not yet ratified this particular convention. Under this article we will see how the MLC 2006 contemplated a higher standards and more strict requirements for shipowners in comparison with the Indonesian Law No. 7 Year 2000 concerning Seafarers.
How to Claim Refunds for Overcharged Import Taxes Due to Surveillance Certificate Requirements in Turkey
July 27, 2016 By ADMD Law Office
Ministry of Economy determines certain minimum thresholds for certain products in order to force the exporters to pay higher taxes on the products in customs. Ministry determines the minimum value threshold per each kilogram of the imported product and sets forth that any exports into Turkey that does not meet this minimum value threshold shall be required to obtain a surveillance certificate. Based on new precedent, it is now possible to reclaim such overcharged tax and expenses.
July 13, 2016 By Luxury Law
When you purchase a property in Italy, you need to be aware of the amount of taxes you will be required to pay, and at that stage you need to be informed if you are purchasing a luxury home or not, this might make a huge difference, as a luxury home is excluded from “fiscal benefits”.
June 29, 2016 By Pita, Weber & Del Prado
Summer is the time of year when people usually think about all the time they plan to spend outside enjoying the weather and spending more time with their family. While Florida’s climate allows for outdoor activity year round, there is still an emphasis on doing more during this season, now that children are out of school. Many of these activities happen on or around water due to the state’s geography, and as a result, Florida has one of the highest levels of boat ownership in the country.
By M F Ejchel
The International Tribunal for the Law of the Sea is an independent judicial body established by the United Nations Convention on the Law of the Sea to adjudicate disputes arising out of the interpretation and application of the Convention. The Tribunal is composed of 21 independent members, elected from among persons enjoying the highest reputation for fairness and integrity and of recognized competence in the field of the law of the sea.
Except in specific circumstances, an arrest may be made of not only the vessel to which the claim relates but any other vessel owned by the defendant at the time the claim occurs. However, if the dispute relates to ownership, mortgage, possession or profits resulting from use of the vessel the no further arrest of vessels can be made.
Home to one of the biggest ports in the world, the UAE is an integral shipping hub in the global trading ecosystem. While shipping law can be a complicated area of the legal framework given competing jurisdictions involved in the international arena, the UAE has its own laws with respect of sorting out maritime disputes.
Protection and Indemnity Associations also known as P&I Clubs are the result of long time development from Mutual Hull insurers in England. One of the principles of these Clubs is to insure liabilities not covered by the Hull & Machinery policy.
The Liability of the Shipowner Pertinent the Egyptian Law Egypt is one of the first countries, which accessed the London International Convention 1976 on Limitation of Liability for Maritime Claims; the Egyptian Maritime Trade Law No. 8 for the year 1990 was regulated exceedingly in accordance with the London International Convention 1976.
Free zones in Jordan offer investors exemptions from income and social services taxes, custom duties and import duties.
Maritime transport and auxiliary services, including: Passenger and freight transportation excluding transportation over ships owned by non- Jordanians. Maritime survey and inspection. Maritime freight forwarding. Shipping agents’ services. Ships chandlers, Ships brokers.
According to Jordanian Corporate law, the non-operating Foreign Company in Jordan is a Company or an entity which has its regional or representative office in Jordan for operations that it conducts outside the Kingdom for the purpose of using such a regional or representative office for managing its operations and coordinating them with its headquarters, and it is prohibited from carrying out any business or commercial activity inside the Kingdom.
The consular and diplomatic protection's public law studied the interaction between the State’s law and the supranational legal orders
As emphasised by the International Labour Organizations (ILO), seafarers are frequently exposed to difficult working conditions and particular occupational risks. In fact, since working far from home, they may be vulnerable to exploitation and abuse, non-payment of wages, non-compliance with employment agreements, exposure to poor diet and living conditions.
Vessels Registration under the Egyptian law Egypt enjoys strategic and distinguished location between the two seas, Mediterranean and the Red Sea, which makes Egypt one of the most important international trading arteries. Egypt, with its important transportation channel-the Suez Canal and large ports of Alexandria, Port Said, Damietta, Safaga, Ain Sokhna etc. is indeed an important hub for shipping.
A Comparative Analysis in Relation to Marine Insurance Cover.
Under Maltese law, all sorts of vessels can be registered under the Malta flag, hence the type of vessel which may be considered for registration can vary and amongst others may include yachts, oil rigs, and also vessels under construction.
The Zone of Special Danger Doctrine has been the subject of numerous lawsuits under the Longshore & Harbor Workers' Compensation Act, and the Defense Base Act. What is it? How have the courts applied it to claims? Where did it originate?
English law switches from automatic discharge of liability to suspension of liability in case of a breach of a warranty as long the breach is material to the loss
Under the Egyptian Civil and Commercial code no. 27/1994, the Egyptian Courts will have jurisdiction over Urgent and Conservatory procedures to be executed in Egypt irrespective of the flag of ship and/or the debtor’s nationality and even in case the Egyptian Courts are not competent to decide upon the subjective claim.
Most of the sailors use the services of specialized personnel intermediary (“crewing”) agencies. Ukrainian market is interested in coming of fair and unbiased international crewing companies or opening by foreign persons agencies as alternative to domestic agencies. The market, at this moment, does not have much competition.
Hosting one of the world’s largest ports, Dubai has rapidly expanded to become a leading maritime hub. As an expected consequence of the growth of Dubai’s maritime industry, the number of marine accidents has steadily increased over the past few years, as Dubai Port police have reported that there were 53 maritime accidents in 2013, 37 accidents in 2012, and 34 accidents in 2011. According to Marasi News, 9 of the 37 accidents that had taken place in 2013 were collisions.
There has been a debate in many countries on the degree of liability of the carrier and a freight forwarder on the issue of cargo claims; is a freight forwarder a principal or an agent?
It is a known fact that the Libyan people are still struggling to establish a strong central government in order to fulfill the hopes and aspirations that inspired the revolution of February 17, 2011.
If you are involved in the shipping industry, you will be only too aware of how quickly challenging and difficult legal problems can arise at sea. When you need to make an insurance claim, the complexities of maritime law can present real barriers to getting the swift resolution you need.
Summer travel is one of our country's favorite activities. With nearly 60% of Americans planning to travel more than 100 miles from home, it's no surprise that once in a while, we'll get a call. Accidents happen. Even on vacation.
Many in the commercial fishing industry are prone to a high frequency of injuries and even death. The most common causes of injury and fatalities on commercial fishing vessels occur due to falling overboard, drowning, hypothermia, and equipment malfunctions. Most fishermen don’t realize that the Jones Act covers them when they suffer injuries at sea. Fishermen and other seamen that suffer injuries at sea are not covered by the traditional workers’ compensation laws.
A recent ruling in the UK Supreme Court has helped to shed light on the complex issue of accessory liability and the principle of ‘common design’. The case of Sea Shepherd UK v Fish & Fish Limited 2015 UKSC began in 2010, when a fish farm operator was transporting live Bluefin tuna.
Cruise Ship companies, such as Holland America, can be held liable for injuries that occur during shore excursions.
Under the Jones Act, an individual who suffers injuries while working at sea is entitled to sue the employer and owner of the vessel for injuries that are the result of negligence. The individual working at sea is called a “seaman” and individuals who are crew members to captains of vessels fall into this category. Even part-time seamen who spend 30 percent of their time at sea qualify under the act. There are multiple ways where vessel owners will try to limit their liability.
Emily Fedorko was 16 years old when she lost her life in a fatal boating accident while tubing on the Long Island Sound last summer.
Individuals who work at sea are considered seamen for the purposes of the Jones Act. These individuals must spend a significant amount of the time they are employed at sea working on a vessel or boat. The Jones Act is a federal law, passed in 1920 that gives seamen, from crew members to captains, who suffer injuries or even death the right to sue their employers for damages under state or federal law.
In the complex and fast-paced world of the maritime and shipping industry, serious issues can arise regarding the terms of a charter – including non-payment of fees. If you are experiencing difficulties with delayed payments, whether as a vessel owner or a chartering party, you need swift, expert legal advice.
Keep yourself safe while boating and avoid these common reasons for boating accidents.
The Supreme Court in the UK has recently considered a case which demonstrates the complexities that can arise from the interpretation of a contract. The judges examined the extent to which parties have the contractual power to form an opinion, and affirmed the need for decisions by contractual fact-finders to be reasonable.
A seaman may be entitled to money damages in a maritime accident. The Jones Act, found at 46 U.S.C.A. §688 (46 U.S.C. 30104), allows for a seaman to recover for injuries suffered during the course of his employment while at sea. The family of a seaman who is killed during the course of his employment may also file a suit under the Jones Act. Whether the injured party is able to recover will depend upon the actions of the those who control the ship.
In Maritime law, I have personally witnessed crew members of a vessel receiving benefits under the LHWCA while seeking a lawyer for maintenance and cure under the Jones Act. Many lawyers incorrectly assume classification as a "Longshore Harbor Worker" excludes "Seaman" status under the Jones Act. While this would seem a logical inference, logic does not live in a vacuum. With changing circumstances, an inference can change.
Maintenance and cure are damages that have been recognized in Admiralty law for hundreds of years. Maintenance and cure damages allow for support of a seaman who was injured or falls ill while at sea. The support must be paid by the employer. What happens if the seaman falsely reported that he had no pre-existing injuries to his employer on his job application? Can the employer seek restitution for money paid for injuries the seaman failed to disclose? This article addresses these questions.
Learn if you qualify for Admiralty or Maritime Law if you have been injured while serving upon a boat in navigable waters.
If you are involved in the maritime and shipping industry, you will be only too familiar with the wealth of legislation and regulation with which you are obliged to comply. When it comes to business at sea and in port, it is essential to ensure that you are fully compliant in order to protect you, your employees, your clients and your business.
A recent High Court judgment in the UK highlights the difficulties that can arise when unexpected problems strike. In the case of MSC Mediterranean Shipping Company1, the courts looked at the implications of a party who, when faced with potential repudiation, chose instead to affirm a contract and claim demurrage charges.
The Authority for Transport in Malta has advised that following consultation with all the stakeholders involved, the Commercial Yacht Code 2010 has been revised.
A recent contract dispute demonstrates the need to secure expert shipping law advice as soon as possible, particularly if the contract in question contained a jurisdiction clause, which can affect both the outcome of the case and any damages awarded.
Drawing up effective contracts is an essential part of carrying out a thriving and successful shipping business. But even with the best intentions and the most rigorously drawn up agreements, contentious issues may arise.
Water skiiing is a lot of fun. The thrill of “standing” on the water, whizzing along at incredible speeds, and the inevitable splash at the end. But, what happens when something goes wrong and someone is injured while out there water skiing?
If a private person or a legal corporation wants to purchase a property at the beaches of Costa Rica, whether it is to build a house, hotel, resort or business, first it should be informed about the requirements to obtain a concession in the maritime zone. To have a concession means that the person doesn’t acquire the property, but obtains a permit for using it, that allows the exploitation and enjoyment of the land, according to the parameters established by the local regulatory plan.
No one sets sail on a vacation cruise expecting to sustain a serious injury or illness. But passengers who do require medical treatment expect that the care they receive will be delivered according to the recognized standard of care. When they are harmed by medical negligence, they may have available the legal right to hold those responsible accountable.
A cruise vacation is supposed to be a relaxing, enjoyable experience. But, they do not always end that way. An increasing number of passengers in recent years have experienced illness or injuries while on their vacation. Often, this has been the fault of the cruise line, itself. If this happens, what can you do?
The best option available to a party seeking to obtain security for a maritime claim against a shipowner is, certainly the arrest of the vessel. Let's see the important frequently asked questions on vessel arrest in Tunisia
The best option available to a party seeking to obtain security for a maritime claim against a shipowner is, certainly the arrest of the vessel. Let's see the applicable procedures to arrest a ship in Tunisia.
The best option available to a party seeking to obtain security for a maritime claim against a shipowner is, certainly the arrest of the vessel.
If you are involved in the maritime and shipping industry, you will be only too aware of how swiftly you can sail into legal hot water.
Transport Malta, the Authority responsible for the Malta Ship Register in Malta, has reported that as at the end of December 2014 Malta’s ship registry saw a growth of 13.6%, which is equivalent to over six million gross tonnes and a growth of 18% in yacht registration, totalling the number of merchant vessels under the Malta flag over 2,500, making the Malta Ship register the sixth largest in the world and the largest in Europe.
Through Legal Notice 22 of 2015, the individuals who are qualified to own Maltese vessels, have also been extended to include citizens of the European Economic Area and of Switzerland, while prior to this amendment this was limited only to citizens of the European Union.
Cyprus features the most efficient tonnage tax scheme in the EU, approved by the European Commission.
A vessel was hijacked in the Gulf of Aden by Somali pirates. Unfortunately for cargo owners and insurers, the High Court in the UK has ruled that additional classes of expense - including wages paid to crew, and bunkers consumed during the period of the hijack - could be recovered by ship owners from cargo interests.
How will the courts interpret shipping insurance clauses, particularly typhoon and storm warranties?
Most of us are familiar with the concept of driving under the influence (DUI) or driving while impaired (DWI), but how do these translate to boating? Is it illegal to boat while drunk? If one is cited for boating under the influence, will that affect their driving license? Can you be given a breathalyzer on your boat?
When registering a vessel for international travel, one must choose a nation under the flag of which that vessel will sail. The term “flag of convenience” refers to registering a ship in a sovereign state different from that of the ship's owners.
If you or someone you know has been in a boating accident, you understand how scary the whole event can be. Not only is someone injured, a boat may be damaged, and there may have been a very real fear of drowning as part of the accident. This can lead to long-term anguish and other injuries. Moreover, since it is not the familiar scenario of a car accident, who is responsible? Who do you report the accident to, if anyone? Is there insurance coverage? Who is liable?
The Authority for Transport in Malta plans to issue a request for proposals for the development and operation of an all-weather marina with up to 240 berths and shore facilities at Sa Maison in Pietà.
A vacation aboard a cruise ship can be a memorable experience, an affordable, all-inclusive vacation option, and a great way to see exotic ports of call. But, what happens when something goes wrong and your memories end up being of sickness, injury, inadequate medical care, fire, being stranded, crime, or even the wrongful death of a loved one?
The U.S. Coast Guard recently released statistics regarding recreational boating fatalities. The good news is that fatalities are down nearly fourteen percent in 2013 from the year before. This decrease reflects a concerted effort to encourage boating safety.
Libya is largely dependent on imports, consisting mainly of industrial and food commodities. Libya’s biggest trading partner is the European Union and Italy leads with 30% of Libyan imports. This significance of the Libya/EU trade-link across the Mediterranean is undisputed as the seaports of Libya are invigorating their connections to the southern European seaports.
The Texas Parks and Wildlife Department is zeroing in on boaters and watercraft operators driving under the influence of alcohol. Local task forces have been developed in various high volume boating and recreation areas across Texas.
Arizona has more lakes and rivers than many people assume. However, the state also has the fifth highest boating accident rate in the country. Why is that?
The recent U.S. District Court (Western District of Washington) case of Michael Mechling, et al. v. Holland America Line, Inc., highlights two key factors in determining legal remedies for survivors of nonseafaring individuals who suffer fatal injuries at sea.
Last month Judge Padovani Grima ordered the Ladybug Corporation to pay the 22 crew members, the sum of €205,694, in lieu of salaries and repatriation expenses, after that the owners had stopped communication with the International Transport Workers’ Federation, refused to take calls and had abandoned the crew and vessel.
We consider how the recast Brussels Regulation is aimed at reinforcing exclusive jurisdiction agreements within the EU.
Why the one-year old Jackson civil litigation reforms need to be taken seriously by everyone involved in English litigation, including parties, experts and lawyers.
A review of three recent decisions dealing with a ship manager’s right of arrest under Hong Kong law.
Piracy is a prevailing problem with no reasonable solution in sight. How safe is your ship or consignment passing through the seas surrounding Malaysia and what laws apply to this region?
Perhaps one of the most prolific – and horrendous – cruise ship accidents in recent memory was the January 2012 sinking of the Costa Concordia. When the ship ran aground off the cost of Italy, 4,200 passengers and crew members were forced to evacuate. Unfortunately, dozens of passengers were injured and a yet-still-unknown number killed.
Recently, the Centers for Disease Control and Prevention (“CDC”) released additional inspection reports for its Vessel Sanitation Program (“VSP”), which is designed to assist the cruise ship industry in preventing and controlling introduction, transmission, and spread of gastrointestinal illnesses, i.e. food poisoning, on cruise ships.
The Maritime Labor Convention has come into force on the 20th of August 2013, after its adoption by the International Labor Organisation in February 2006.
A New Hampshire resident is facing criminal changes after a boating accident that happened last year.
On the 29th July 2013, the VAT Department published guidelines in relation to the Malta VAT treatment of short-term yacht charters starting in Malta, which guidelines are largely similar to the interpretation which applicable to long-term yacht leases.
Workers’ compensation and Jones Act maritime injury claims are very different. The only similarity is that they provide compensation for injured employees.
There are times when settling a Jones Act claim out of court may lead to more compensation and ultimately be the best option for an injured maritime worker.
Every year, thousands of people are injured or die in swimming pool accidents. According to the Centers for Disease Control, about 3,500 people per year drown in accidents unrelated to boating.
The federal Ports and Waterways Safety Program establishes rules for safe operation of vessels. Violations may result in injury or death of a maritime worker.
The time limitation of actions against shipper, consignee, or B/L holder is one year.
Shall a Port Operator be Responsible if he Releases Goods Against a Delivery Order with a Release Stamp? China
The port operator has no fault in delivering the goods against a valid delivery order.
By virtue of Legal Notice 153 if 2013, measures contained in the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, as amended, and in Directive 2012/35/EU of the European Parliament and of the Council of 21st November 2012 on the minimum level of training of seafarers are being adopted.
Even when maritime employees don’t meet the Jones Act claim requisites for a maritime accident, there’re still other legal options available through a Louisiana maritime lawyer.
Congress passed the Maritime Transportation Security Act of 2002 to increase maritime safety. A Louisiana maritime attorney in New Orleans explains what seamen need to know.
In the judgement S&D Yachts Limited vs MY Nautonnier delivered by the Court of Magistrates in Malta on the 3rd May 2013, it was held among other things that a vessel registered as a commercial yacht was not automatically entitled to an exemption from VAT.
Further to ratification of the Merchant Shipping (Maritime Labor Convention) Rules of 2013, the Maltese Authority has announced that Recognised Organisations may commence with the DMLC II reviews and the conduct of on board inspections.
The Longshore and Harbor Workers Act enables seamen to receive workers’ compensation claims when injured. While not one and the same, both the Jones Act and workers’ compensation award injured seamen monies on the job. With workers’ compensation, employees simply need to be injured on the job to receive medical and financials benefits.
The Ocean Shipping Reform Act of 1998 was passed by congress, changing regulations for companies in the marine shipping and transportation industry.
For Jones Act settlements, many injured seamen are quick to take any offer given by their employer. A Louisiana maritime attorney in New Orleans can offer advice on a Jones Act claim.
The 2013 amendments to the VAT legislation brought about changes to the place of supply rules in relation to long-term leases of yachts (leases for more than 90 days) to a non-taxable person.
All watercraft accidents must be reported to the National Park Service within 24 hours.
The Merchant Marine Act of 1920, also known as the Jones Act, is a law that protects injured maritime workers, whom a Louisiana Jones Act lawyer can represent.
Workers injured in cruise ship accidents may recover lost wages if employer negligence is to blame. Tips may be estimated based on averages and income tax returns.
Wrongful death lawyers can file Jones Act on behalf of surviving family members. Wrongful death compensation could include medical costs, lost earnings and more.
OSHA regulations for maritime professions include rules pertaining to shipyard employment, marine terminals and longshoring. Coast Guard rules may apply to vessels at sea.