CMS Newsletter 7/10 (November 2010)
11/11/2010
Development of Pre-contracting Issue:
Article compares mandatory migrant worker insurance to P&I insurance coverage
What are the key differences between the minimum compulsory insurance requirements provided for within Section 37-A of the AMWA/RA 10022 and the scope of P&I cover? Where can our Manning Agent obtain insurance meeting the Compulsory Insurance obligations? What is the IG's position in relation to the Certificate of Cover? Should Members sign the Certificate of Cover or authorise its issuance on their behalf? If a Member signs the Certificate of Cover or authorises its issuance on his behalf, will Club cover be prejudiced?
14th October 2010 Amendments to POEA SEC:
Update on Philippine employment regulations
14/10/2010
A special information and resources page for Philippine employment regulations has been established on the UK Club website this week as further developments on the employment of Filipino seafarers have arisen.
Standard Trading Conditions of Sri Lanka Freight Forwarders Association (SLFFA).
Jurisprudence on Interpretation of the Hague-VIsby Rules regarding the obligation to make the ship seaworthy (Art. 3.1).
Jurisprudence on Interpretation of the Hague-Visby Rules regarding the obligation to properly care for the goods. (Art. 3.2).
Jurisprudence on interpretation of Hague-Visby Rules in regards to Bills of Lading (Art.1,b).
Jurisprudence on Interpretation of Hague-Visby Rules in regards to excepted perils (Art. 4.2).
Jurisprudence on interpretation of Hague-Visby Rules in regards to limitation of liability (Art.4.5).
The Club's earlier LP Bulletins cumulating in number 716 of last week, warn members of the serious risk that can be associated with the carriage of iron ore fines loaded in Indian ports as well as the difficulties that can be experienced when such a cargo is found to be unsafe for carriage once loaded.
The Association would like to inform members about developments in Mongla Port, Bangladesh.
Circular 14/10 (September 2010): Regulations of the People's Republic of China on the Prevention and Control of Marine Pollution from ships.
The Association would like to advise Members of the new CIC to be launched by the Tokyo Memorandum of Understanding (MOU).
Jurisprudence on Interpretation of the 1910 Collision Convention regarding the 'allocation of liability' (art. 4), the 'legal presumptions of fault' (art. 6) and the 'time for suit' (art. 7).
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.
711 - 08/10 - Port closure - India
10/08/2010
The Association would like to advise Members of the current situation in Mumbai and Nhava Sheva following a collision between two vessels.
Ship Arrest in Australia
09/08/2010
The article examines the arrest of ships in Australia under the Admiralty Act 1988.