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Shearn Delamore & Co | Malaysia | 22 Mar 2023
Courts rule on alleged tort of conspiracy to injure by lawful means
The respondent in a recent case chartered two vessels to the appellant, which in turn chartered them to a third party. The third party failed to pay the appellant, which in turn failed to pay the respondent. The three parties entered into an arrangement to split the amount due to the appellant between the appellant and the respondent, but the appellant later failed to confirm the arrangement....
Bowmans | South Africa | 8 Mar 2023
Claims against bareboat charterers and effects of insolvency
When dealing with bankrupt ship owners, there is a fine line between the law of insolvency and admiralty in South Africa. While maritime creditors enjoy wide-ranging rights to arrest and sell ships in the judication to satisfy their claims, as soon as an application is filed at court for the winding up of the ship owner, the property falls into the insolvent estate and under the control of......
Shearn Delamore & Co | Malaysia | 22 Feb 2023
Determining liability following unpaid invoices resulting from charter extension
This article outlines a case in which the High Court had to determine liability following alleged unpaid invoices. When hiring a dredger, the appellants acquired a charter period extension, but then failed to pay the invoices issued by the respondent.
Dardani Studio Legale | Italy | 14 Dec 2022
Italian International Ship Registry amended in line with European Commission requirements: what you need to know
🕑 5 minutes The Italian International Ship Registry was established by Decree Law No. 457 and later confirmed by Act No. 30 of 27 February 1998, known as the International Registry Act. The European Commission requested that Italy implement various corrective measures, so Decree Law No. 144 amended the International Registry Act accordingly. This article sets out the main amendments.
Dardani Studio Legale | Italy | 23 Nov 2022
How modifications to Crisis and Insolvency Code might affect ship owners and charterers
🕑 3 minutes The Italian Parliament recently introduced some important modifications to the Crisis and Insolvency Code contained in the Decree No. 14, dated 12 January 2019, by implementing the EU Restructuring and Insolvency Directive. Whether this reform of the entire insolvency-related legal system will effectively protect owners or charterers from the attempts of the counterparties to......
Fenech & Fenech Advocates | Malta | 16 Nov 2022
Importance of establishing underlying jurisdiction when lifting corporate veil: cancelled charter of cruise liner
🕑 9 minutes A recent case concerned a charter of a cruise liner that was cancelled due to the covid-19 pandemic, resulting in losses to the charterer. The plaintiff requested that the court lift the corporate veil of the defendants and find them jointly and severally liable for the debt owed to it. However, the court found that it lacked jurisdiction to do so and that establishing......
HFW | 14 Jun 2022
The Shipping Law Review: Competition and Regulatory Law
HFW | 14 Jun 2022
The Shipping Law Review: Piracy
HFW | 14 Jun 2022
The Shipping Law Review: Shipping and the Environment
HFW | 14 Jun 2022
The Shipping Law Review: Marine Insurance
