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Jurisdiction

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Bowmans | South Africa | 19 May 2021

Enforcing awards against associated ships: court clarifies position on charterparty claims

In maritime claims, the practicalities of locating a viable target vessel to arrest can be challenging. This is particularly relevant when the ship which is the subject of the underlying claim has been sold or no longer exists. A recent judgment not only clarifies an area of the law which has been uncertain for some time, but also demonstrates good common sense and should be welcomed by......
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Bowmans | South Africa | 24 Mar 2021

Collisions in the Suez Canal: revisiting genuine and reasonable need for security

A recent judgment by the Durban High Court has highlighted, once more, that the assessment of a genuine and reasonable need for security must be made on the careful analysis of all of the facts and circumstances of the particular case and that the reliance on generalised grounds can be dangerous. While the legal test for the genuine and reasonable need is unlikely to change in years to come,......
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Bowmans | South Africa | 26 Aug 2020

Cargo theft and liability: Fujitsu v Schenker

A recent Johannesburg High Court decision places the legal liability issues arising from cargo theft sharply into focus. The case raises interesting questions regarding the scope of liability and the degree to which carriers and logistics operators can exclude liability for theft perpetrated by their employees. Many in the industry will no doubt need to revisit their own standard trading......
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Bowmans | South Africa | 19 Feb 2020

Court's discretion trumps International Arbitration Act in admiralty case

In 2017 South Africa promulgated the International Arbitration Act (IAA) with a view to creating a viable arbitral forum on the African continent to resolve international disputes. Although the IAA is still in its infancy, the Supreme Court of Appeal recently delivered an important judgment which illustrates the tension created by the overlapping boundaries of the IAA and the High Court's......
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Bowmans | South Africa | 26 Jun 2019

Ship arrests: revisiting 'genuine and reasonable' need for security

The Supreme Court of Appeal recently took a hard line regarding an arresting party and delivered a salutary message to pay close attention to establishing a plausible link between the factors justifying a 'genuine and reasonable' need for security and the particular facts and circumstances of the party against which an arrest order is sought. The judgment is a cautionary tale for arresting......
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Bowmans | South Africa | 27 Feb 2019

Hanjin fallout: Supreme Court of Appeal rules on protective writs in South Africa

The litigation following the collapse of Hanjin Shipping and coming off the back of the Supreme Court of Appeal judgment handed down in January 2019 is ongoing in the South African courts. The latest decision in this regard hinged on whether, for the purposes of timing, the mere issuing of a writ of arrest was sufficient to commence an admiralty action (having the effect of protecting against......
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Bowmans | Global | 10 Oct 2018

Cape Town Agreement 2012: milestone for improving fishing vessel safety and loss prevention

Fishing remains one of the most dangerous occupations in the world. According to International Labour Organisation statistics, at least 24,000 people die and 24 million are injured each year on commercial fishing vessels. The International Union of Maritime Insurers 2018 Conference, which was recently held in Cape Town, provided a platform for discussing some of the issues and challenges......
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Bowmans | South Africa | 20 Jun 2018

Court clarifies impact of 'business rescue' regime on admiralty matters

The promulgation of the Companies Act 2008 saw the introduction of a company rehabilitation process termed 'business rescue'. As in many other jurisdictions, a company under business rescue enjoys a temporary moratorium on the prosecution of claims with a view to allowing the distressed company breathing space to reverse its financial difficulties and avoid full-scale liquidation. Against......
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Bowmans | South Africa | 14 Feb 2018

What the International Arbitration Act means for maritime law

The recent promulgation of the International Arbitration Act gave the United Nations Commission on International Trade Law Model Law on International Commercial Arbitration the force of law in South Africa. Given the cross-border nature of shipping disputes, the act promises to enhance ​the attraction of what is already a litigation-friendly jurisdiction.
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Bowmans | South Africa | 22 Nov 2017

Hanjin fallout – part two: High Court refuses time extension for writs of arrest in rem

The High Court's decision in a recent case involving a protective writ issued by a creditor of Hanjin at the time of the company's collapse was recently appealed before the Supreme Court of Appeal. A number of Hanjin creditors have filed an application for a time extension to serve the writs of arrest pending the outcome of the appeal. In the absence of an extension, the writs will have no......
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