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This page collates legal decisions, cases of interest and comment from our Legal team on matters of interest affecting our Members and Charterers. The items listed below are web based only and hard copies have not been produced. If you would like to discuss any of the topics below, please contact our legal team or the author of the article.
The lengthy judicial proceedings in the French courts arising out of the sinking and massive oil spill from the tanker ERIKA off the coast of Brittany in December 1999, gave rise to numerous questions regarding the interaction between the international oil pollution liability conventions as incorporated into French law and other French legislation which claimants argued should apply. As a result legislation has been passed by France since the ERIKA judgements in an attempt to codify the Erika jurisprudence.
The People’s Republic of China ratified the Maritime Labour Convention 2006 (“MLC”) on 12 November 2015, which was the 68th State to ratify the Convention. The Convention came into force in China on 12 November 2016, one year after the ratification.
An update on the recent decision of the Full Federal Court of Australia in Ship “Sam Hawk” v Reiter Petroleum Inc  FCAFC 26.
This briefing is issued to alert Members to the above SOLAS amendment coming into force on 1st July 2016. The amendment requires, as a condition for loading a packed container onto a ship for export, that the container has a...
Chinese law requires owners of ships carrying oil or other hazardous cargo in bulk, or any vessel over 10,000gt, to have made a contract with a qualified clean up company prior to calling at any Chinese port. The requirement has been in force since 1st January 2012. Ministry of Transport published a Notice on 18th March 2015, abolishing the SPRO qualification approval process. The IG has been informed by its legal advisor in Beijing that the abolition of the approval process will take effect following the formal amendment of the regulation, which is currently awaiting the State Council’s approval.
The Chinese Supreme People’s Court recently issued an important direction on the practice and procedure to be adopted by regional courts in ship arrests and judicial sale. The Judicial Interpretation for Ship Arrest and Judicial Sale of 28th February, 2015 (the “Interpretation”) became immediately effective on 1st March.
Provisions_of_the_SPC_on_Ship_Arrest_and_Judicial_Sale.pdf (DOWNLOAD Bytes)
The Texas Supreme Court handed down its much anticipated judgment in the Deepwater Horizon case on 13 February 2015.
The Club would like to remind Members that to transact business with the Canada Border Services Agency (CBSA ), carriers require a carrier code, regardless of how often they cross the Canadian border with commercial goods.
In mid December 2014, US President Obama announced changes in the embargo in place against Cuba since 1963. The goals of the changes are to improve human rights conditions and democratic reforms in Cuba as well as fostering improved conditions for the Cuban people. Issues of mutual concern such as migration, counter narcotic, environmental protection and human trafficking will be discussed.