Hellas HiLights September 2010
This September 2010 edition of our Piraeus office newsletter HiLights reports on Greek Member service and support arrangements, in particular Daniel Evans appointment as Thomas Miller's Regional Director for Greece. Other items reported in the latest HiLights include the tenth anniversary of Thomas Miller (Hellas) at its Akti Miaouli office, Member enquiries on archipelagic sea lanes and the forthcoming UK Defence club event.
The Club Chairman, Mr Dinos Caroussis of Chios Navigation, welcomed the Greek marine broking community to a social evening together with Thomas Miller (Hellas) Ltd. and colleagues from Thomas Miller P&I and Defence at the Piraeus Sailing Club in Mikrolimano, this week.
Jurisprudence on Interpretation of the 1952 Arrest Convention regarding the arrest in respect of claims other than maritime claims (Art. 8.2), the arrest of a sister ship (Art. 3.4), the arrest of a ship not owned by the person liable (art. 3.4), the associated ships (Art. 3.2), the claims against the time charterer (Art. 3.4), the claims in respect of which a ship may be arrested (Art. 2), the claims in respect of which a ship may not be arrested (Art. 2), the corporate veil, the definition of 'Arrest' (Art. 1.2), the financial conditions of the person liable (Art. 2), the forced sale (Art. 9), the jurisdiction (art. 4, 5, 7.1), the maritime claims and other provisions.
England - jurisprudence on interpretation of the Bill of Lading Convention 1924 and it's 1968 and 1979 Protocols
The word "dangerous" in the expression "goods of . [a] dangerous nature" must be given a broad meaning. Goods may be dangerous if they are dangerous to other goods, even though they are not dangerous to the vessel itself. A groundnut cargo is of a dangerous nature if it is liable to give rise to the loss of the other cargo loaded on the same vessel by dumping at sea. The liability of the shipper under article 4(6) of the Hague Rules is strict irrespective of fault or neglect on his part.
The amendments, adopted through the Marine Environment Protection Committee (MEPC), regarding the sulphur content of any fuel used in the Baltic and North Sea Emission Control Areas
Circular 6/09 (June 2009) Vessel Response Plans (VRPs) - Conformity with International Group Guidelines & other recent developments
The number of jurisdictions that require owners to maintain vessel response plans (VRP) has been increased. This circular reiterates the four areas of importance to the Club when reviewing contracts under VRP requirements. Two annexes to this circular contain the IG guidelines on VRP contracts in the US and outside the US.
Ship Arrest in Spain
This article provides an overview of the law and procedure of the ship arrest in Spain and consider the effect of the new Law of Civil Procedure, which entered into force in January 2001.
The Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea (Rotterdam Rules) was adopted in December 2008 by the UN General Assembly. It will significantly increase the liability of shipowners and maritime carriers in respect of the carriage of cargo.
Over 20 States in the EU have now brought the European Directive on Environmental Liability (ELD) into law. Under the ELD shipowners are strictly liable for the costs of preventative and remedial actions for the environmental damage arising from the transport of dangerous or 'polluting' goods, if such costs are outside the scope of application of a relevant liabilty convention. Differing liability and compensation regimes of the ELD and relevant international conventions are explained. The three levels of remediation required under the ELD are also explained.
This circular explains the impact of the 3rd EU Maritime Safety Package on Members whose ships enter EU waters, including: A requirement to carry P&I certificates on board which may be enforced by Port State Control. The extension of the 2002 Protocol to the Athens Convention to domestic sea-going and inland waterways voyages. The establishment of an independent authority in individual EU states to respond to ships in distress with powers to board ships and direct them to designated places of refuge.