Admiralty and Maritime Law Articles

With all the maritime safety information available to employers, there should be little cause for injury aboard an offshore vessel. However, accidents due to negligence still occur, resulting in the need for a Jones Act attorney to help you apply the Jones Act. Shipping employees in particular may ask "What is the Jones Act?" in accordance to their rights as an injured worker.

In the wake of disaster on the Costa Concordia, a California congresswoman is renewing her call for increased safety regulations for cruise ships. The Costa Concordia was a cruise liner that ran aground of rocks and capsized after the captain allegedly steered too close to the rocky shore in Giglio, Italy.

Boating, tubing, and other water sports and activities can provide fun and enjoyment for families when the weather is warm. However, these pleasurable activities can also be dangerous for young children, resulting in injury or even death. According to statistics from the U.S. Coast Guard, injuries and property damages related to boating accidents cannot be ignored:

Texas fracking disclosure law goes into effect February 1, 2012. According to reports, on February 1, 2011, Texas drilling operators will be required to begin reporting many of the chemicals used in a process known as hydraulic fracturing. Industry sources say hydraulic fracturing is a process in which a mixture of water and chemicals is shot into the earth in order to recover excess oil and gas.

There is a vast array of benefits available to those wishing to register a shipping vessel under the Cypriot flag. In terms of geographical location, infrastructure, safety and efficient operations Cyprus can offer substantial advantages. Underlying the entire system is a highly profitable economic environment which offers major tax advantages and other fiscal incentives to those who operate under the Cyprus flag.

Cyprus is a major ship management centre and its flag holds an envious reputation worldwide. The Cypriot Register now ranks 10th in size internationally and represents the third largest fleet in the EU. Moreover, the Register is growing, with shipping entrepreneurs attracted to the host of benefits offered by registration under the Cyprus flag and the active promotion of ship management interests by regulatory authorities.

So far as the global shipping practice is concerned, laytime & demurrage is one of the most complicated topics for both ship-owners and charterers under voyage charter-parties. Thus, the dynamic between the parties has been sought to be balanced through a number of attempts which have been made either by courts or legislators in shipping world.

Everyone who buys or builds a yacht sooner or later are thinking about the registration and obtaining the right to property of vessel. Registration of yacht or another type of vessels, gives the right to navigate under the flag of the State in which the boat is registered, as well as the property right over it, which means that it must be registered in the Register of Shipping of some concrete state.

Seaman are often vulnerable to considerable injury and illness on the job; in some ways, it’s just the nature of the work. There are, however, some accidents and injuries that are more common than others – and many could have been avoided through the proper care and caution.

The main legislative document of Republic Moldova in field of maritime law is the Merchant Maritime Code, in force from 30.09.1999. Besides a lot of specific regulations for maritime law, the code regulates also the procedure and conditions for registration of a ship under the flag of the Republic of Moldova.

Boating under the influence is nearly identical to a drunk driving charge. If you are convicted of BUI, you face serious criminal consequences including jail or prison sentencing, heavy fines and driver’s license suspension.

Similar to car accidents, the majority of boating accidents are preventable. Every year thousands of people are seriously injured or killed in a boating accident; many of which were caused by negligence.

The United States Coast Guard maintains a statistical database that breaks down the number and type of accidents in any given year.

Drink And The Devil Had Done for The Rest Yo Ho Ho And A Bottle of Rum. Boating season is upon is. For some, this is also the start of gin and tonic season. Take note: in Ontario, drinking and boating can cost you your driver's license.

The Doctrine of Freedom of Contract also known as “Laissez Faire” is the basis for international carriage contracts, according to Common Law.

An article related to the Hague Visby Rules and goods on deck.

The Cendor MOPU case law brings a new scenario to insurance law.

Considerations of (i) the procedures required for a mortgagee to enforce a registered mortgage over a Malta-flagged ship and (ii) the arresting of a vessel by a mortgagee in security of its maritime claims, giving rise to the ‘in rem’ jurisdiction of the Maltese courts.

Which welfare rights for the crews? Maritime welfare law was initially developed under the aegis of the domestic legal systems of shipping Nations, each setting their own rules on board their ships. Ships’ freedom of registration and shipping internationalization were the main factors undermining domestic frameworks.

In 2008, a new Decree allows installation of private ports in Brazil. The federal government published on Thursday, April 30, 2008 the decree that allows the installation of private ports for the handling of third country. The goal is to create mechanisms for the development of the port, but the measure is already being criticized by the opposition.

Calls have been made to Nigerian Maritime Administration and Safety Agency (NIMASA) to remind it of its statutory duties regarding removal of wrecked ships.

Section 251(1) (g) of the 1999 Constitution of the Federal Republic of Nigeria confers exclusive jurisdiction on the Federal High Court to hear and determine admiralty disputes in Nigeria.

The objective of the Cabotage Act in Nigeria is principally to reserve domestic coastal trade (“cabotage or cabotage trade”) within Nigerian Coastal and Inland Waters to vessels built and registered in Nigeria, wholly owned and wholly manned by Nigerian citizens.

A lot of various incidents have been reported in the ports of Ukraine. The vessels calling the ports of Ukraine undergo numerous and serious perils. And we do not certainly mean perils of natural character. In the present publication we will try to cover some legal and operational risks foreign shipowners have to challenge in Ukraine.

The author explains about the advantages of contracting on standard form contracts and using shipping terms, including Incoterms.

From time to time, disputes rise between sides who do not regulate their relations in a written contract. Situations like these reach the courts for settlement, and for the court’s ruling on a complex question regarding the very core of the relations formed between the parties.

The Merchant Shipping (Fees and Taxing Provisions) Law of 2010 (the Tonnage Tax Law) left certain issues of detail to be determined by the Cyprus Department of Merchant Shipping ("DMS"). The DMS has now issued Notifications setting out requirements for qualifying ship managers and prescribing the arrangements for calculation and payment of tax by owners and charterers of foreign ships and ship managers. A summary of their main provisions is given below.

What is maintenance and cure law? Maybe your know the basics, but did you now these three important facts about maintenance and cure that can affect your case?

Think twice before you put medical treatment for a work related maritime injury on your personal health insurance policy. Here are some concerns you should have.

The Cyprus Department of Merchant Shipping has published an updated list of countries whose certificates of seamen’s competency are recognized by Cyprus.

The Merchant Shipping (Fees and Taxing Provisions) Law of 2010 (the Tonnage Tax Law) left certain issues of detail to be determined by the Cyprus Department of Merchant Shipping. The Department has now issued Notifications setting out the arrangements for payment of tonnage tax by owners of ships on the Cyprus Register, the definition of Community ship for the purposes of the Tonnage Tax Law and the towage and dredging activities which qualify for taxation under the tonnage tax regime.

In 2003, the Government of the Kingdom of Thailand decided to designate the southern resort island of Phuket as one of Asia’s major Yachting & Marina destinations. This decision has undeniably spurred world-wide interest in Phuket’s yachting industry. Thailand today hosts a number of sailing regattas, foremost of which is the Phuket King’s Cup Regatta. And Phuket will also host in early January 2011 the annual Phuket International Marine Expo (PIMEX).

Bizarre judgment by the High Court likely to affect marine hull underwriting business in Sarawak.

Heralding a new era in the Nation's Maritime sector.

Summer, sun and water are the perfect trio for many Midwesterners. With so many people out to enjoy the lakes, boating safety is critical.

New York State offers a wide variety of spectacular waterways. For families and outdoor enthusiasts, it's a virtual paradise; however, in recent times New Yorkers have witnessed tragedy on the waters, and the incidents are causing some citizens to call for more stringent boater safety regulations.

At the time of writing the shipping and marine insurance industries are still trying to digest and understand the full ramifications of the US Presidential Order signed on April 13th 2010.

This case involved an appeal to the High Court from an arbitration award and related to the appropriate measure of damages recoverable by the owners as a result of the wrongful termination of a charterparty.

It is common for shipbuilding contracts to provide for a builder to be paid in installments at key points during the construction.

This decision of the Court of Appeal highlights the elements of a claim that charterers need to prove in order to succeed in an action against owners for breach of express warranty by the owners.

This recent decision of Mr Justice Hamblen in the Commercial Court provides further useful guidance on the measure of recoverable damages in breach of charterparty cases.

Indonesia is an archipelago country comprises more than 18.000 islands. It is located in the crossroad between the Asia and Australia continent and between the Pacific and Indian Ocean. Its territory is spread from Sabang in the west to Merauke in the east, which is called as bounded pearls in the eastern hemisphere.

Indonesia, as an archipelagic state, had ratified the International Convention on Maritime Liens and Mortgages 1993. As a continuance, it also ratifies the International Convention on Arrest of Ships 1999 (“Arrest of Ships Convention”). The purposes of such ratifications are to harmonize and to converge Indonesian Shipping Laws with the other Asian countries’ laws. Such harmonization will also automatically encourage creditors in providing fund for ship procurement.

Ukraine remains one of the biggest suppliers of seafarers to the global maritime fleet. The estimated number of Ukraine’s seafarers is not less than 75 000, and according to some unofficial reports they are engaged on about 20% of the world fleet.

When the heat gets going, especially during the summer, while some people hit the mall to cool off, there are also people who like to go out on the sea or beach to either to swim or go boating.

A Q & A guide to merger & acquisition law in Poland. This chapter was first published in the PLC Cross-border Mergers & Acquisitions Handbook 2011/12 and is reproduced with the permission of the publisher, Practical Law Company.

Under The Jones Act, a federal law which regulates the United States shipping industry, the workers contemplated and protected under it are not just merely seamen or ship employees but also other occupations and places of work.

The owners of the Deepwater Horizon Oil Rig, Transocean Ltd, have filed a Petition For Limitation of Liability in the United States District Court for the Southern District of Texas.

Commercial fishing is certainly dangerous, but many of Washington and Oregon’s worst maritime disasters have involved salmon charter boat fishing accidents.

If you are going to arrest a ship who will call Chinese port, please make sure you have prepared full counter warranty for the arrest plus an acceptable cause. The shipowner or the bare-boat charterer shall be liable for the debt.

Increased crude oil production in the Gulf of Mexico has sparked hope that the recession will soon end. As the nation returns to economic health, shipping lanes, ports and the gulf oil and gas production and drilling industry will get busier with goods moving in and out.

The author 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 hijackings.

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".

The legal question that arose here was, whether the service on the master was in compliance with the governing law and the answer is simply 'No'.

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.

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

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.

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.

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.