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Fenech & Fenech Advocates, founded in 1891, is one of the leading law firms in Malta. The firm has evolved to a full-service firm which is today a…
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Fenech & Fenech Advocates | Malta | 1 Sep 2021

Application of COLREGS under Maltese Law

The First Hall Civil Court recently delivered a judgment on a case that concerned a cement carrier colliding with a stationary fishing vessel while the latter was moored alongside "P Point" in the Grand Harbour. The Court found great difficulty in holding the plaintiff responsible for the incident when his vessel had been stationary. It stated that the general rule is that it is the......
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Fenech & Fenech Advocates | Malta | 7 Jul 2021

Further step towards safeguarding marine environment: oil pollution preparedness, response and co-operation

Oil spills can have a disastrous effect on the marine environment and public health. Recently, Malta introduced the Oil and Hazardous and Noxious Substances Pollution Preparedness, Response and Co-operation Regulation through Legal Notice 450 of 2020 to ensure that all local operators have a pollution emergency plan. This means they can act quickly in response to a marine pollution incident......
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Fenech & Fenech Advocates | 30 Jun 2021

Seamen Wages Council Wage Regulation Order amended to reflect cost of living increase

The Seamen Wages Council Wage Regulation Order was recently amended to reflect an increase in the cost of living. The legislature has increased the minimum wage for specific categories of seafarers regulated by the order, which acknowledges that the reality of seafarers operating and working commercially within Maltese territorial waters is different to that of other seafarers.
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Fenech & Fenech Advocates | Malta | 16 Jun 2021

Bill to amend Persons with Disability (Employment) Act

A bill seeking to amend Chapter 210 of the Laws of Malta, the Persons with Disability (Employment) Act, has been tabled before the House of Representatives. The bill seeks to update the provisions of the act relating to the quotas for the employment of persons with a disability and address other consequential amendments thereto.
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Fenech & Fenech Advocates | European Union, Malta, United Kingdom | 12 May 2021

Brexit's impact on Malta as a choice of maritime flag

Brexit has given rise to a new opportunity for the Malta Ship Registry to consolidate its prominent global maritime flag position and may have a lasting positive impact in this respect. However, the uncertainties caused by Brexit are not the only reason why Malta is a popular flag choice; this article outlines some of the additional benefits.
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Fenech & Fenech Advocates | Malta | 28 Apr 2021

Eligibility to register under Malta maritime flag

The Malta maritime flag is chosen by corporate entities and individual owners alike for both commercial and pleasure crafts of all types and sizes. Owners have various options when it comes to deciding the ownership structure for a vessel that is to be registered under the Malta flag. However, non-Maltese owners must appoint a resident agent that is habitually resident in Malta for the......
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Fenech & Fenech Advocates | Malta | 21 Apr 2021

Court affirms scope and effect of Section 37 injunctions where security has been placed

A creditor recently obtained a Section 37 order on a provisional basis from the Maltese courts as security for a claim arising from a dispute under a charterparty. The purpose of the order was to prohibit the sale, transfer or deregistration of the vessel while the merits of the case were being determined. While the law allows owners to opt to deposit security, the legislature has catered for......
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Fenech & Fenech Advocates | Malta | 10 Mar 2021

Ship management companies and Tonnage Tax Rules

The Malta flag is often considered a flag of choice for shipowners, charterers and financiers alike. Among the various aspects which make the Malta flag an attractive option are the Tonnage Tax Rules. Legal Notice 128/2018 has significantly contributed to the further enhancement of the Maltese legal framework, and the response by management companies to this new scheme has been positive.
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Fenech & Fenech Advocates | Malta | 17 Feb 2021

Court orders extension of effects of flag injunction to security deposited by debtor

A Section 37 injunction allows creditors, in circumstances which give rise to a maritime claim attracting the jurisdiction of the Maltese courts in rem, to obtain a court order which prohibits the vessel from being sold or entering any further mortgages until the merits of the case have been decided in the appropriate jurisdiction. This has proven to be a useful and effective tool for......
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Fenech & Fenech Advocates | Malta | 3 Feb 2021

Compensation at Industrial Tribunal in 2020 and 2021

In recent years, there has been an apparent upwards trend in the Industrial Tribunal granting compensation to successful plaintiffs, thereby significantly increasing the risks for employers, and 2020 was no exception. How the hardships brought about by the COVID-19 pandemic will affect compensation awarded by the tribunal is yet to be seen. However, the tribunal will likely not go easy on......
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