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311 results found
SKRINE | Malaysia | 24 Nov 2023
Needs of justice trumps express rules: Writs in rem may now be extended beyond five times
Recently, the Federal Court in the case of Fimbank Plc v Pemilik Dan/Atau Pencarter Demis Kapal Atau Vesel ‘Nika’ Kini Dikenali Sebagai ‘Bao Lai’…
Elias Neocleous & Co LLC | Cyprus | 1 Nov 2023
Admiralty Court delivers judgment on ship collision with fish farm
In early 2023, the Admiralty Court delivered a judgment concerning the collision of a vessel with fish cages. The Court addressed whether the ship was at fault, as the fish farm was not precisely built and located in accordance with its licence. However, the master of the ship was aware of the farm's location.
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......
Clasis Law | India | 15 Mar 2022
Is admiralty suit in rem maintainable against vessel owned by company under liquidation?
In a recent case, the plaintiff sought a summary judgment through an interim application in a commercial admiralty suit before the Bombay High Court under Order XIII-A read with Order XII Rule 6 of the Code of Civil Procedure against the defendant vessel. The suit was filed to recover, among other things, port charges and berth hire charges, aggregating to a sum of 93,719,098 Indian rupees......
Famsville Solicitors | Nigeria | 31 Mar 2019
Commencing a wrongful arrest proceeding - a panacea to vexatious arrest of vessels ?
Just as in most jurisdictions, an action-in-rem may be brought against a ship to enforce maritime claims in accordance with provisions of Nigeria’s…
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......
Van Traa Advocaten | European Union, United Kingdom | 21 Feb 2019
International trade and maritime matters - why to opt for the Netherlands
The launch of the Netherlands Commercial Court (the “NCC”) has caused many to reach for their pens the last couple of weeks. And rightfully so…
Akabogu & Associates | Nigeria | 2 Jan 2019
Limiting shipowner liability: how to have your cake and eat it
Shipowners whose ships have caused damage will not want their ship to be arrested, but also will not want to pay damages to the extent of the actual claim. Luckily, shipowners can ensure that their ships are not arrested and at the same time significantly limit the total amount payable. To cap it all off, shipowners do not have to accept liability. If this is not having your cake and eating......
Faegre Drinker Biddle & Reath LLP | USA | 26 Oct 2018
Supreme Court Hears Arguments on Bare Metal Defense in Asbestos Maritime Case
On October 10th, the United States Supreme Court heard arguments in Air & Liquid Systems Corp., et al. v. Devries, et al., No. 17-1104, over whether…
Holland & Knight LLP | USA | 25 Jun 2018
Recent Ninth Circuit Decision Elevates Maritime Law Principles over Bankruptcy Law
In a case decided on March 28, 2018, the Ninth Circuit Court of Appeals held that a maritime lien on a vessel for the "maintenance and cure" of an…
