Admiralty and Maritime Law Articles

Ince & Co partner Stephen Askins looks at the key themes from 2009 and considers the development of the piracy phenomenon, the global response and the successes the industry has achieved in responding to acts of piracy and highjackings.

The archaic term “servants” in Clause 4.3 of ICC 1982 has been replaced with the term “employees” in Clause 4.3 of ICC 2009".

On 17 December 2009, the Rome I Regulation (EU Regulation 593/2008) on the law applicable to contractual obligations comes into force and will be directly applicable in all EU Member States with the exception of Denmark. It will apply to all contracts concluded as from 17 December 2009.

Individuals who suffer an injury while on a cruise ship have a right to seek compensation for their injuries, but there are certain limitations that can affect those rights so it's necessary to be careful and aware.

Given the Supreme Court of the United States’ holding in Miles v. Apex Marine, 498 U.S. 19 (1990), the time has come for the Primary Duty defense to be beached and buried.

It is no secret that working aboard vessels at sea involves the risk of serious physical injury and even death. Traditional maritime law did not allow sailors and their families to pursue negligence claims against employers in the event of injury. Claims for injured seaman were historically limited to medical expenses, nursing services, and wages until the end of the vessel's voyage.

This past June, the US Supreme Court issued its opinion in Atlantic Sounding Co. v. Townsend, a maritime law case that required the Court to decide whether injured seamen are entitled to punitive damages when their employers willfully fail to provide them with maintenance and cure. In a 5-4 decision, the majority ruled that punitive damages may be awarded when the vessel's owner willfully withholds the required payments for maintenance and cure.

Rotterdam Rules have been worked up especially for liner trade and carriage of goods by sea. Containerization of trade and transportation of cargo require relevant enforcement of law. International community makes efforts to create legal norms regulating relations in multimodal technology of contemporary transport, especially, marine transport.

Maritime injuries and accidents can occur in a myriad of situations. Depending upon the location of injury and the nature of the situation, e.g., whether it was a commercial accident or a non-commercial situation, governs whether you need a maritime lawyer or just a regular personal injury lawyer. Clearly, injuries on a jet ski, or a party pontoon boat can be very injurious, but they do not require a maritime lawyer specialized in the legal principals of General Maritime Law and the Jones Act.

The Jones Act provides coverage to seamen who work aboard vessels. Most employees aboard ships, tugs, fishing boats, barges, and dredges will be Jones Act seamen. To be a seaman, you must be more or less permanently connected to the vessel that is in navigation, and your work must contribute to the mission of the vessel.

The Jones Act applies to almost all vessels in navigation or capable of navigation. The Supreme Court of the United States has issued an opinion defining vessels.

The Jones Act provides benefits to seamen who are injured or killed through the negligence of their employers. To be covered by the Jones Act a worker must be in the services of the vessel, and his employer’s negligence must cause the injury or death.

Federal maritime law governs benefits to injured seamen. The Jones Act together with the General Maritime Law, provides compensation coverage for injured seamen.

If you have been injured at sea, you have different rights than someone who suffered a shoreside personal injury. That's one reason why it's important to be represented by an attorney who is familiar with the Jones Act and maritime law and will advocate for you to get the maximum amount of financial compensation you are entitled to receive.

A Seaman's Injuries Affect the Whole Family

The law governing ship arrest in Cameroon is the Merchant Marine Community code of 03/08/2001 (the code). The code was inspired chiefly by the International Convention of 1999 on the arrest of ships and the Brussels Convention of 1952 on the Unification of Certain Rules on the Arrest of Ships. This code is a regional legislation applicable to the CEMAC sub-region comprising Cameroon, Central African Republic, Congo, Gabon, Equatorial Guinea and Tchad, with executive secretariat in Bangui.

The Court of Special Appeals, in CSX Transportation, Inc. v. Bickerstaff, et al., -- A.2d ---, 2009 WL 2619691 (Md. App.) held that the lower court’s failure to allow the jury to apportion damages based upon non-negligent factors was a prejudicial error that resulted in a vacated judgment.

Maritime attorney, Steve Gordon, announces the launch of an online petition drive to help save jobs of U.S. mariners.

The Algerian arbitration law on international arbitration has been thoroughly changed by the Law No 08-09 of February 25 2008, which entered in force on February 25 2009, pertaining to the New Algerian Code of Civil and Administrative Procedure. This new Algerian arbitration law is built into articles 1006 through 1061 of the Code.

Personal injury cases arising from cruiseline accidents present several problems for plaintiffs' attorneys. First and foremost, lawsuits resulting from such accidents are normally governed by the cruise ticket, rather than general tort principles embodied in state case law or state statutes.

On Thursday, June 25th, the United States Supreme Court decided a case styled Atlantic Sounding Co., Inc. et al. v Edgar L. Townsend 2009 WL 1789469 (U.S. June 25, 2009). This case marked the Supreme Court’s decision to protect a seaman’s right to receive damages for an employers’ willful and wanton disregard of a maintenance and cure obligation.

The law governing ship arrest as an executory measure in Cameroon is the CEMAC Merchant Shipping Community code of 03/08/2001 (the code). The code was inspired chiefly by the International Convention of 1999 on the Arrest of Ships and the Brussels Convention of 1952 on the Unification of Certain Rules on the Arrest of Ships.

On Friday, May 15th, the United States Court of Appeals for the District of Columbia decided BNSF Railway Company v. United States Department of Transportation, which determined important privacy rights for aviation, rail, motor carrier, mass transit, maritime and pipeline industries’ workers.

Youthful Pirate Faces Life in Federal Prison if Convicted on Piracy Charges

Humanitarian concerns aside,the economic need for a response is indisputable: 22,000 ships transit through the Gulf of Aden each year. Keeping that waterway free of obstructions is vital.

The Jones Act is a Federal Law. That is, it is substantively the same in all fifty (50) states including D.C., Guam and all other United States Territories. However, the "Savings to Suitors" clause in the United States Constitution gives the absolute right to a seaman to file a suit in a state court regardless of diversity among the parties to the lawsuit. The practical effects of a state court filing are procedural rather than substantive.

This article summarizes the current law in the Maritime Admiralty Jones Act field pertaining to whether a seaman can be denied medical cure if he/she was not forthcoming in their job application or pre-employment physical with their prior injuries and/or illnesses and they get injured on the job.

The delivery of goods without original B/L has been one of the hot topics in maritime law around the world. This is also the case in China. There has been many contradictory judgment with respect to the delivery of goods without original B/L in China, as there was no uniform legislation thereupon. The latest judicial interpretation by Supreme Court in China has made a good contribution to the uniformity in the adjudication of delivery of goods without original B/L.

In South Africa, the sea and the sea-shore were previously regulated by the Sea-Shore Act. In order to align the regulation of this sensitive environmental zone in line with the Constitution and environmental-specific legislation such as the National Environmental Management Act 107 of 1998 (NEMA), a new Act has been enacted.

In SA the sea and the seashore were previously regulated by the Sea-Shore Act of 1935. In order to align the regulation of this sensitive environmental zone in line with the constitution and environmental specific legislation such as the National Environmental Management Act of 1998, the National Environmental Management Integrated Coastal Management Bill (“the Coastal Management Act”) has been enacted.

Though the Jones Act is designed to be in favor of the injured maritime offshore or inland waterway worker, the companies continually do everything possible to stop the injured worker from getting money and, even worse, needed medical care. The employee that is injured does not understand his rights regarding maintenance, cure, negligence, unseaworthiness or the Jones Act. A competent lawyer is essential and Gordon & Elias knows exactly what to do.

The recent flurry of shipwrecks found with gold and other treasures and the continuous flow of stolen art into the U.S. and London is an area of law that is full of competing legal issues which complicate determinations of rightful ownership of stolen art, antiquities and treasure that is found on shipwrecks.

Nigeria’s biggest and busiest ports are located in Lagos. Recently, a bill was introduced in the House of Assembly of Lagos proposing the imposition of levies on trucks loading out of any of the ports in Lagos including Apapa and Tin Can Island ports.

Turkey has ratified International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol 1978 relating thereto (MARPOL 73/78), which regulates what wastes can be discharged from ships into marine environment and requires State Parties to ensure the provision of adequate reception facilities in the ports. The regulations implementing MARPOL 73/78 in Turkey, however, have not been enacted until recently.

The Maltese flag has earned the confidence of several reputable ship owners, ship financiers and ship management companies as attested by the increasing registered tonnage. As at end of June 2008, the total number of Malta-flagged vessels was nearing the 5,000 mark with a total gross tonnage of over 32 million tonnes and an average age of 16.72 years. The current registered tonnage makes Malta the eighth largest maritime flag in the world and the second largest in Europe.

Although cruising is quickly becoming one of the most popular ways to travel in America and worldwide, little is said about the down-sides to boarding these glamorous vacation ships.

Cruise ship employees can be victim to the same negligence, assaults and injuries as the passengers. More than not the cruise line will try and cover up these incidences.

This article provides a brief overview of the Jones Act and how it applies to seamen injured working on ships out of California’s busiest ports including San Pedro and Long Beach. With legal experience and education in Europe, and Jones Act experience in San Diego for many years, the author describes some of the benefits available under the Jones Act.

On December 29, 2007, China promulgated the Administration Rule on Establishment of Ship Survey Company by Foreign Ship Survey Organization, which means China has formally opened its market in ship survey industry to foreign investment. This new law will become effective from March 1, 2008.

The Algerian arbitration law on international arbitration has been thoroughly changed by the Law No 08-09 of February 25 2008, which entered in force on February 25 2009, pertaining to the New Algerian Code of Civil and Administrative Procedure. This new Algerian arbitration law is built into articles 1006 through 1061 of the Code.

The Algerian legal system for the promotion of foreign investment.