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How to Win at Marine Cargo Claims: an English Perspective the Hague, Hague-Bisby and Hamburg Rules
HOW TO WIN AT MARINE CARGO CLAIMS: AN ENGLISH PERSPECTIVE THE HAGUE, HAGUE-BISBY AND HAMBURG RULES Simon David Jones, English Solicitor Cozen O’Connor Tower 42, Level 27 25 Old Broad Street London, UK +44 (0) 20 7864 2000 [email protected] Atlanta Charlotte Cherry Hill Chicago Dallas Las Vegas* Los Angeles New York Newark Philadelphia San Diego San Francisco Seattle West Conshohocken Washington, DC Wilmington *Affiliated with the Law Offices of J. Goldberg & D. Grossman The views expressed herein are those of the author and do not necessarily represent the views or opinions of any current or former client of Cozen O'Connor. These materials are not intended to provide legal advice. Readers should not act or rely on this material without seeking specific legal advice on matters which concern them. Copyright (c) 2001 Cozen O'Connor ALL RIGHTS RESERVED 1 HOW TO WIN AT MARINE CARGO CLAIMS : AN ENGLISH PERSPECTIVE THE HAGUE, HAGUE-VISBY AND HAMBURG RULES Background At English common law the parties to a contract of affreightment covered by a Bill of Lading or similar document had complete freedom to negotiate their own terms as had the parties to a charterparty. Abuse of the carriers’ stronger bargaining position during the 19th century led to extremely onerous terms being placed in Bills of Lading. The first attempt to redress the balance between the interests of ship and cargo came from the United States in the form of the Harter Act of 1893. It soon became clear to the major marine trading countries that a single Convention binding all contracting parties was preferable to a system of similar but not identical Acts. -
Maritime Carrier's Liability for Loss of Or Damage to Goods Under The
Maritime Carrier's Liability for Loss of or Damage to Goods under the Hague Rules, Visby Rules and the Hamburg Rules, compared with his Liability as an Operator under the Relevant Rules of the International Multimodal Transport Convention. A Thesis Submitted for the Degree of Doctor of Philosophy by Hani M.S. Abdulrahim The School of Law, Faculty of Law and Financial Studies, University of Glasgow February 1994 © Hani M.S. Abdulrahim, 1994 ProQuest Number: 11007904 All rights reserved INFORMATION TO ALL USERS The quality of this reproduction is dependent upon the quality of the copy submitted. In the unlikely event that the author did not send a com plete manuscript and there are missing pages, these will be noted. Also, if material had to be removed, a note will indicate the deletion. uest ProQuest 11007904 Published by ProQuest LLC(2018). Copyright of the Dissertation is held by the Author. All rights reserved. This work is protected against unauthorized copying under Title 17, United States C ode Microform Edition © ProQuest LLC. ProQuest LLC. 789 East Eisenhower Parkway P.O. Box 1346 Ann Arbor, Ml 48106- 1346 “ILhl m i GLASGOW C>p I UNIVERr'T library ii To My mother, brothers, sisters and in memory of my father. Acknowledgements I wish with considerable enthusiasm to acknowledge and express my deepest grateful thanks and gratitude to Dr. W. Balekjian and Mr Alan Gamble for their invaluable guidance and encouragement in supervising this thesis. They have given unsparingly of their time to it. It gives me great pleasure to acknowledge the helpfulness of the Glasgow University library staff, and also my deep gratitude to Mrs Cara Wilson who kindly typed this work. -
Rise of the Machines – a Legal Analysis of Seaworthiness in the Context of Autonomous Shipping
FACULTY OF LAW Lund University Anders Kirchner Rise of the Machines – A Legal analysis of Seaworthiness in the context of autonomous shipping JURM02 Graduate Thesis Graduate Thesis, Master of Laws program 30 higher education credits Supervisor: Olena Bokareva Semester of graduation: Period 1 Spring Semester 2019 Contents SUMMARY 1 SAMMANFATTNING 3 PREFACE 6 ABBREVIATIONS 7 1 INTRODUCTION 9 1.1 History and background 9 1.2 Purpose and problem 11 1.3 Delimitations 12 1.4 Method, material and state of research 12 1.5 Outline 14 2 AUTONOMOUS SHIPS: EVOLUTION AND SELECTED PROJECTS 15 2.1 Introduction 15 2.2 Autonomous vessel projects 16 2.2.1 Svitzer Hermod 16 2.2.2 YARA Birkeland 16 2.2.3 Falco 17 2.2.4 ReVolt 17 2.2.5 MUNIN 18 2.2.6 Mitsui and Nippon Yusen project 18 2.2.7 Shone 19 2.2.8 Waterborne TP 19 2.3 Factors impacting autonomous vessels 20 2.3.1 Economy 20 2.3.2 Safety 23 2.3.3 Environment 25 2.4 Concluding remarks 27 3 THE CONCEPT OF AUTONOMOUS SHIPS: TERMINOLOGY AND LEGAL CONCEPT 29 3.1 Introduction 29 3.2 Definition of an autonomous ship 30 3.2.1 Waterborne project 30 3.2.2 MUNIN 30 3.2.3 NFAS 30 3.2.4 Lloyd’s Registers definitions of autonomy levels of vessels 31 3.2.5 IMO definitions of autonomy levels of ships 32 3.3 Shore control centre 32 3.4 Is an unmanned ship a ship? 33 3.4.1 UNCLOS 34 3.4.1.1 Background 34 3.4.1.2 Definition of a ship 34 3.4.2 MARPOL 73/78 35 3.4.2.1 Background 35 3.4.2.2 Definition of a ship 36 3.4.3 SOLAS and ISM Code 36 3.4.3.1 Background 36 3.4.3.2 Definition of a ship 37 3.4.4 COLREGs 37 3.4.4.1 -
Pleasure Boating and Admiralty: Erie at Sea' Preble Stolz*
California Law Review VoL. 51 OCTOBER 1963 No. 4 Pleasure Boating and Admiralty: Erie at Sea' Preble Stolz* P LEASURE BOATING is basically a new phenomenon, the product of a technology that can produce small boats at modest cost and of an economy that puts such craft within the means of almost everyone.' The risks generated by this development create new legal problems. New legal problems are typically solved first, and often finally, by extension of com- mon law doctrines in the state courts. Legislative regulation and any solu- tion at the federal level are exceptional and usually come into play only as a later stage of public response.2 There is no obvious reason why our legal system should react differ- ently to the new problems presented by pleasure boating. Small boats fall easily into the class of personal property. The normal rules of sales and security interests would seem capable of extension to small boats without difficulty. The same should be true of the rules relating to the operation of pleasure boats and particularly to the liability for breach of the duty to take reasonable care for the safety of others. One would expect, therefore, that the legal problems of pleasure boating would be met with the typical response: adaptation of the common law at the state level. Unhappily this is not likely to happen. Pleasure boating has the mis- fortune of presenting basic issues in an already complex problem of fed- t I am grateful to Professor Geoffrey C. Hazard, Jr. for reading the manuscript in nearly final form, and to Professor Ronan E. -
Memorandum for Claimant
THE NINETEENTH ANNUAL INTERNATIONAL MARITIME LAW ARBITRATION MOOT UNIVERSITAS PADJADJARAN TEAM 23 MEMORANDUM FOR CLAIMANT ON BEHALF OF AGAINST CERULEAN BEANS AND DYNAMIC SHIPPING LLC AROMAS LTD AND THE SHIP ‘MADAM DRAGONFLY’ CLAIMANT RESPONDENT COUNSEL M IRFAN DIMASYQI YOGI BRATAJAYA PUTRI PARIMARMA ANANTA TAQWA ESTHER CHRISTIE E M TEAM 23 MEMORANDUM FOR CLAIMANT TABLE OF CONTENTS LIST OF ABBREVIATIONS .................................................................................................................... iii LIST OF AUTHORITIES ......................................................................................................................... iv STATEMENT OF FACTS .......................................................................................................................... 1 I. THE TRIBUNAL HAS JURISDICTION TO HEAR THE DISPUTE ............................................ 2 A. Clause 27(d) is not applicable ............................................................................................................. 3 B. Alternatively, clause 27(d) shall be set aside ...................................................................................... 4 i. Master Mariner lacks experience in settling the disputed technical matters ..................................... 5 ii. Clause 27 lacks procedural rules for expert determination ............................................................... 5 iii. Resolution of dispute before an expert is a duplication of effort ..................................................... -
Seaworthiness in the Context of Marine Insurance and General Average
_____________________ 海 運 學 會 Institute of Seatransport Seminar on Seaworthiness In the context of Marine Insurance and General Average Speakers: Capt. L C Chan – Risk Management & Loss Prevention Consultant of CM Houlder Insurance Brokers Ltd. Mr. Raymond T C Wong – Emeritus Chairman of Institute of Seatransport Date : 27th July 2016 AGENDA • Seaworthiness – Definition – Maritime Law concept – Governed by Ship Certificates – Description • What does it mean for a vessel to be “unseaworthy”? – With some cases for reference • ISM Code • Marine Insurance Implications – Warranties – Voyage & Time policies – Cargo Policies - Seaworthiness Admitted – Hull Policies – Wear & Tear, Latent Defect, Due Diligence and ISM Warranty – Burden of Proof • General Average – Cargo’s Refusal to Contribute – GA and Contract of Carriage – Consequences flow from Rule D of the York-Antwerp Rules – Burden of Proof 2 – Exercising due diligence to provide a seaworthy ship Capt LC Chan – Profile Sea Experience 1. 10 years as Deck Officers in bulkers, tankers & container vessels 2. 15 years as Master in bulker and container vessels In CM Houlder - Risk Management & Loss Prevention Consultant Before CM Houlder • Management team in a container liner – accident investigation, cargo operations, vessel claims matters, recruitment of senior officers, crew training & instructor in company simulator centre • Corporate Safety, Security & Environmental Protection Officer to set policy, implement and supervise • Corporate Emergency Response Team manager to handle ship and land -
Case 1:06-Cv-03346-JFM Document 222 Filed 11/30/09 Page 1 of 22
Case 1:06-cv-03346-JFM Document 222 Filed 11/30/09 Page 1 of 22 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND TRITON MARINE FUELS, LTD. * * v. * Case No.: JFM-06-CV-3346 * M/V PACIFIC CHUKOTKA * * **** OPINION Triton Marine Fuels Ltd., S.A. (―Triton‖) has moved—in response to Triton Marine Fuels Ltd. v. M/V Pacific Chukotka, 575 F.3d 409 (4th Cir. 2009) (―Triton II‖)—for summary judgment and monetary judgment pursuant to Federal Rules of Civil Procedure 54 and 58. This motion is granted in part and denied in part. Triton is awarded a monetary judgment of $260,400, plus pre-judgment interest at a rate of 2.34 percent. Triton‘s request for attorneys‘ fees is denied. FACTS AND PROCEDURAL HISTORY In late 2006, Triton, a Panamanian corporation, brought an in rem action against the M/V Pacific Chukotka (―the Vessel‖), a vessel registered in Malta and owned by Green Pacific A/S (―Green Pacific‖). Triton Marine Fuels Ltd. v. M/V Pacific Chukotka, 504 F. Supp. 2d 68, 69 (D. Md. 2007) (―Triton I‖), overruled by Triton II, 575 F.3d. Triton alleged it possessed a maritime lien over the Vessel after it supplied the Vessel with fuel and was never paid. Id. The material facts of this case are not in dispute. Triton II, 575 F.3d at 411. Emerald Reefer Lines, Ltd. (―ERL‖) sub-chartered the Vessel from Intertransport Company LLC (―Intertransport‖), a Russian company which had chartered the Vessel from Green Pacific. Triton I, 504 F. -
Sea Venture • Issue 25 Features
Sea Venture Issue 25 In this issue 06 OW Bunkers – A Global Perspective 17 Tianjin – Shipping Issues 49 Iran Sanctions: Is the End in Sight? 53 SK Shipping Naming Ceremony 54 War Risk and K&R Cover Introduction 04 Contents Rock and a Hard Place Features 04 Rock and a Hard Place 06 OW Bunkers – A Global Perspective Malcolm Shelmerdine 08 Voyage Charters – Damages for Delay and Director Positional Loss [email protected] 10 RMS “Titanic” Rest in Peace or Wrest a Piece Welcome to the 25th issue of Sea Venture. 13 Liability for Freight and Demurrage under a Bill of Lading This is the time of year that the P&I industry attracts most publicity and 15 Financial Consequences of Failure to Collect Cargo attention as preparations for 20 February renewal gather pace. The Club experienced a remarkably good period in the last financial year when 17 Tianjin – Shipping Issues Editorial Team underwriting and financial results exceeded expectations. Furthermore, 08 19 Change in California Shipping Lanes to reduce the Board recently agreed that no general increase in premiums for either Whale Strikes Piers Barclay, Paul Brewer, P&I or FD&D is required for 2016/17. This is the second year in succession Voyage Charters 21 Tanker Troubles in Nigeria Patrick Britton, Heloise Clifford, that a general increase has not been sought, good news for the Members - Damages for Beth Larkman, Sarah Nowak, and a reflection of the support the Club seeks to provide. However, market 23 The Sea Miror – Risk, Responsibility, and Stevedore Carole O’Brien, Malcolm conditions and the risk of an increased incidence of claims – both in terms Delay and Cargo Damage Shelmerdine, Danielle Southey. -
Exercise Lien on Cargo
Exercise Lien On Cargo phonotypicRog still tocher and nostalgicallytrustless Huntlee while mollycoddling compulsive Cary quite spruces detachedly that paper-cutter.but hewing her Unenvied evaporators Salmon insincerely. still swipe: erringly.Demolished and doglike Husein rappels her zibets cross-reference while Irvin parenthesize some remorse Whether or cargo on the background to be made save or maritime law of competing claims There is what rule whether the deduction of frog for mark to some loss your cargo. May be sold to exercise liens for freight demurrage storage. 57 A lien on sub-freight clause serves only could provide the shipowner the. The cargo on such principle, as a lien in exercising a monetary claim, as a suit despite being exercised? Exercise his lien irrespective of whether though the time specified for discharge the opposite still belongs to the shipper or charterer who are liable via the. Death or collision Cargo rack or loss Unpaid freightdemurrage Pollution. Ocean Cargo Lines Ltd v North Atlantic Marine Co 227 F. A Shipowner's Lien on Sub-Sub-Freight in England and the. 30515 even stand it extends to interstate shipments requires carrier notification that it must exercise a lien on future shipments if payment of bulk due freight charges. Maritime Liens Penn Law exchange Scholarship Repository. The Kimball 70 US 37 Casetext Search Citator. The sneakers of lading is standing by the buyercargo receiver to bold the charterer has sold the bounce The shipowner wants to associate whether art can dive a lien on. Unpaid Freight and Shipowners Right to Maritime Lien. A carrier's lien on freight extends to facility and all monies the shipper owes it. -
59 the Concept of Shipwreck Among National and International Law
The Concept of Shipwreck among National and International Law * Abstract This article aims to investigate the juridical concept of “shipwreck”. Italian law does not provide a legal definition of shipwreck (“ relitto ”) alt- hough the explanatory memorandum on Maritime Code states that the wreckage of a vessel implies an “intervened substantial modification of the physical con- sistence of the res ”; French law specifies that “ L’état d’épave résulte de la non-flotta- bilité, de l’absence d’équipage à bord et de l’inexistence de mesures de garde et de manoeuvre ” while, on the contrary, English law classifies wrecks in “jetsam”, “floatsam”, “lagan” and “derelicts”, giving relevance to the abandonment of the vessel sine spe recuperandi and sine animo revertendi . The significance and combination of objective criteria (physical stranding, sinking, submersion or destruction of the ship) and subjective criteria (abandon- ment of the ship without the intention to return and resume the possession) will be examined in order to determine what a shipwreck is from a legal point of view; in particular the analysis will focus on the concept of non-buoyancy and perishing of the ship (derived from the Latin notion of interitus rei ) and on the notion of “abandonment”. Furthermore the article will consider the definitions of shipwreck given by international conventions on Maritime Law, such as the International Conven- tion on Salvage (1989), the Nairobi International Convention on the Removal of Wrecks (2007) and the Unesco Convention on the Protection of the Under- water Cultural Heritage (2001), comparing the broader classifications of ship- wreck included in those treaties with the national definitions. -
International Maritime
Maritime law 1 Captain Krishnan Maritime Law (march 2010) 1 Maritime law 2 Captain Krishnan International Maritime law International maritime law : is the system of law regulating the relations between sovereign states and their rights and duties with respect to each other. It derives mainly from customary law and treaties. Customary law: derives from practice followed continuously in a particular location, or by particular states, such that the practice becomes accepted as part of law in that location or of those states. It is ascertained from the customary practice of states together with evidence that states regard these practices as a legal obligation. It is regarded as the foundation stone of International law. Treaties: A treaty is a written international agreement between two states( a bilateral treaty) or between a number of states( multi national treaty), which is binding in law. Treaties are usually made under the auspices of the UNO or its agencies such as IMO or ILO. Treaties are binding only on those states which are parties to the treaty( called convention countries); A treaty normally enters in to force in accordance with criteria incorporated into the treaty itself. E.g. 1 year after a stipulated number of states have acceded to it. Treaty making bodies UN Conferences on the Law of Sea (UNCLOS) International Maritime Organisation (IMO) International Labour Organisation(ILO) World Health Organisation(WHO) International Telecommunication Union(ITU) Comite’ Maritime International( CMI) UNCLOS : Three UNCLOS have been convened. UNCLOS I Geneva 1958; UNCLOS II Geneva 1960; UNCLOS III Geneva 1974. UNCLOS III produced an important convention document, generally known as UNCLOS. -
Maritime Liens
THE AMERICAN LAW REGISTER. JANUARY 1882. MARITIME LIENS. MOTrVES of public policy and commercial convenience have, on both sides of the Atlantic, led to a wide extension of the jurisdic- tion of courts of admiralty. The peculiar advantages possessed by the maritime lien, the facility with which, by its instrumentality, employment is secured for vessels, their repairs made or supplies furnished in localities wherein the owners are unknown, absent, or if present, without credit, the great safeguard it affords to all who deal with ships or ships' credit, providing them with a prompt and simple remedy in their own forum, and with something tangible against which to issue execution in the event of success, have been the means by which this result has been brought about. To call a privilege applicable to cases sounding both in contract and tort a lien, must, to the majority of the profession, appear a misnomer. It is indeed in name rather than in principle that any analogy to either the common-law or equitable lien will be found to exist. Unlike the former, it exists irrespective of possession, actual or constructive; unlike thb latter, its origin is independent of the creation of a trust; unlike both, it arises and takes effect by vir- tue of the act done, whether it be the breach of a maritime, con- tract or the commission of a maritime tort. The ship is the most living of inanimate things. " She did it, and she ought to pay for it," is a familiar manner of expressing the liability incurred by the vessel held to be in fault in a case of collision: Holmes on Common Law 25-35.