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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…
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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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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…
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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......
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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…
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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…
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Fichte & Co | United Arab Emirates | 5 Jun 2018

Will The New UAE Maritime Law Serve Shipowners?

Geographically, as being in the centre of the World, the UAE is arguably an "ideal" Maritime location. As a gateway to Europe and America from the…
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Akabogu & Associates | Nigeria | 2 May 2018

Proper service of processes in admiralty action in rem

Various questions can arise regarding the service of processes in admiralty proceedings. For example, what happens if a ship (X) is named as the first defendant in a writ of summons, along with a second defendant which is merely referred to as the "owner of X"? Does the action cease to be one in rem? Further, where X is a foreign ship, is leave of court required to effect service on the......
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Akabogu & Associates | Nigeria | 25 Apr 2018

Don't let your maritime claim expire

Maritime claims arise in relation to the ownership, possession, mortgage and general operation of a ship and are primarily enforced by an admiralty action in rem or in personam. Admiralty actions do not last forever; rather, they have prescribed limitation periods, which often vary depending on the type of claim. Thus, if a claim is not brought within the time prescribed by the relevant law......
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Fenech & Fenech Advocates | Global, Malta | 28 Mar 2018

Colloquium on international recognition of judicial sales

The Comite Maritime International (CMI) has been aware that there are challenges relating to the international recognition of judicial sales of ships. As such, the CMI approached the United Nations Committee on Trade Law in order to encourage it to embark on future work on cross-border issues relating to judicial sales. The committee, on its part, encouraged the CMI to hold a colloquium to......
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