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Friday, October 18, 2019

High Court News

Doraleh Container Terminal (DCT). Photo: DP World

DP World Slams Djibouti Government

The global port operator DP World has accused the government of Djibouti of “complete disregard and contravention” of the global legal system as it plans to rule all international adjudications on the Doraleh Container Terminal null and void."A decision to be taken later this week by the government of Djibouti to apply to the country's high court to rule all previous international adjudications null and void is a complete disregard for and contravention of the global legal system and existing contracts…

DP World Asks Court to Halt Antitrust Probe at Mumbai Port

Dubai's DP World has asked an Indian court to halt an investigation into alleged antitrust violations at the country's largest container port in Mumbai, saying the regulator was seeking excessive information, a court document seen by Reuters showed.The Competition Commission of India (CCI) last year said it suspected antitrust violations by DP World and Denmark's A.P. Moller-Maersk at the terminals they operate at state-owned Jawaharlal Nehru Port Trust (JNPT).The CCI's investigation followed a complaint by Singapore's PSA International Pte Ltd…

File Image: a typical DP World facility (CREDIT: DP World)

Indian Court Refuses to Quash Antitrust Probe at Mumbai

An Indian court has declined to quash or stall an antitrust investigation into Dubai-based port operator DP World's alleged anti-competitive behaviour at the country's largest container port in Mumbai, three sources told Reuters on Wednesday.The Competition Commission of India (CCI) last month said it suspected antitrust violations by DP World and Denmark's A.P. Moller-Maersk at the terminals they operate at state-owned Jawaharlal Nehru Port Trust (JNPT).The CCI's probe followed a complaint by Singapore's PSA International Pte Ltd…

Photo:  Sea Shepherd Global

Tanzania: Captain Sentenced to 20 for Possession of Shark Fins

The captain of the Malaysian-flagged fishing vessel Buah Naga 1 Captain Han Ming Chuan, a Taiwanese national, has pleaded guilty to the charge of Unlawful Possession of Shark Fins in a plea agreement with Tanzanian Prosecutors.The vessel was arrested by Tanzanian law enforcement agents as part of Operation Jodari, a joint partnership between Sea Shepherd, Fish-i Africa and the government of Tanzania, to combat illegal, unreported and unregulated fishing.Captain Chuan has been in custody since January 2018 when he was charged with five crimes: Conspiracy to Commit Criminal Acts…

Jens Valdemar Krenchel. Photo: Danish Shipping

New EU Secretary Director for Danish Shipping

On 1 January 2019, Jens Valdemar Krenchel will take up the position as Head of EU Representation for Danish Shipping at the  the EU office in Brussels, where Danish Shipping has been represented since 1989.At the same time, he will join the management team of Danish Shipping as Head of the organisation's EU Representation, which employs a team of four. He takes over from Casper Andersen, who has left Danish Shipping."I am pleased to welcome Jens in The Blue Denmark. Jens is a capacity with considerable insights into EU relations. Jens will be a strong voice for Danish shipping in Brussels.

Photo:  DP World - Doraleh

UAE to the Rescue of DP World’s Container Terminal in Djibouti

The United Arab Emirates (UAE) condemned Djibouti’s cancellation of DP World’s contract to run the Doraleh Container Terminal, calling it an “arbitrary” flouting of a signed agreement, said a report in Bloomberg. Media reports yesterday said that Dubai has accused Djibouti of illegally seizing a port operated by one of its state-owned shipping companies and started legal action against the African government. “Djibouti government’s seizure of the Doraleh port is regrettable,’’ Minister of State for Foreign Affairs Anwar Gargash wrote on Twitter.

Photo: Otto Marine Limited

Otto Marine Seeks Insolvency Protection

Singapore-based offshore shipbuilder Otto Marine is seeking insolvency protection from the High Court in a bid to salvage the company and stave off liquidation. According to a report in the Straits Times, crippled with a debt of US$877 million (S$1.16 billion), the troubled company, which is delisted from the Singapore Exchange (SGX), filed an application last week to be placed under judicial management. The company  has applied for an interim judicial manager to be appointed, pending the hearing of its judicial management application. The hearing has been adjourned to March 12.

Antonia Panayides (Photo: Reed Smith)

Reed Smith Adds Two Shipping Partners

Reed Smith announced shipping lawyers Antonia B. Panayides and Jane M. Sarma have been promoted to the partnership, effective January 1, 2018. Panayides joined Reed Smith in 2007 and qualified as a solicitor in 2008. Panayides deals with a wide range of dry shipping and offshore matters from the firm's London office. Her experience includes charter party disputes, shipmanagement, bill of lading, sale and purchase and contract of affreightment disputes whether subject to High Court and arbitration jurisdiction.

Palmali Lodges $2 Bln Claim Against Lukoil's Litasco

Turkey-based Palmali, one of the biggest shippers in the Caspian region, said on Monday it had lodged a claim worth almost $2 billion against Litasco, the trading arm of Russian oil producer Lukoil, with the English High Court. "The claim concerns an alleged failure by Litasco S.A. to provide contractual quantities of cargo under long term contract between the companies," Palmali said in a statement sent to Reuters.   Reporting by Nailia Bagirova; writing by Vladimir Soldatkin

Indian Prime Minister, Narendra Modi. Photo: PIB

India: The Admiralty Bill 2017 Gets Upper House Nod

Admiralty (Jurisdiction and Settlement of Maritime Claims) Bill, 2017, introduced during the Winter Session of Indian Parliament came up for discussion in the Rajya Sabha (Upper House) and was passed unanimously by the house. The Bill aims to establish a legal framework for consolidation of related laws to replace the age old archaic laws with modern Indian legislation and to confer admiralty jurisdiction on all High Courts of the coastal states of the country. The bill was earlier passed by the Lok Sabha in March, 2017.

Photo Courtesy: NGO Shipbreaking Platform – Hanjin Rome beached in Chittagong, Bangladesh

Death Toll On The Rise at Chittagong Shipbreaking Yards

Two workers lost their lives at the Chittagong shipbreaking yards in the last two weeks, bringing the total death toll this year to six workers, reports NGO Shipbreaking Platform. On 6 May, 26-year-old Shahinoor died at Jamuna Shipbreaking yard. He fell from a great height when he was breaking the Hanjin Rome, which was the first vessel arrested after the collapse of one of the largest container ship companies last year – the Korean company Hanjin Shipping. The Hanjin Rome was put up for auction by the High Court in Singapore to be sold to the highest bidder early this year.

Brian Gilvary (Photo: BP)

Lawsuit Drags BP's Oil Trading Division into the Red

BP's oil trading business, one of the biggest in the sector, reported a rare loss in the fourth quarter after it lost a $70 million lawsuit over an oil cargo delivered to a Moroccan refinery. BP's Chief Financial Officer Brian Gilvary said due to flat trading positions ahead of a crucial OPEC meeting at the end of November, and the lawsuit, the company's oil trading division made a "small loss" in the fourth quarter. "There was a natural inclination to flatten up all of the books and there was also an adverse court ruling against us which is a $70 million hit," he told analysts on Tuesday.

Hill Dickinson Defends in Norovirus Class Action

Hill Dickinson said it successfully defended its client, Bourne Leisure, in a 219-claimant class action involving a Norovirus outbreak which occurred at a Butlin’s site in 2011. More tthan 4,000 guests and an additional 1,200 team members were onsite at the time of the outbreak and around 400 people reported illness. The firm’s client denied liability throughout on the basis that its policies and procedures for dealing with a Norovirus outbreak were sufficiently robust and had been appropriately followed. The claimants’ solicitor issued court proceedings in 2014.

Hill Dickinson Bolsters Marine Practice

International law firm Hill Dickinson has reached an agreement that will bring the shipping practice of Swinnerton Moore LLP to the firm. The agreement is expected to be finalized by the end of February and will see founding partners Tony Swinnerton and Lewis Moore join Hill Dickinson’s City of London office. Tony and Lewis bring with them an established roster of distinguished clients from across the international marine market. Tony Swinnerton specializes in all aspects of contentious…

Chris Hearne (Photo: Dana Gas)

Dana Gas Announces New Senior Management

Dana Gas PJSC, a publicly listed natural gas company in the Middle East, has announced several key senior management appointments. Chris Hearne was appointed as the Chief Financial Officer of the company on January 4, 2016. Prior to joining Dana Gas, Hearne was with Serica Energy plc, an international oil exploration and production company listed on the AIM market in London, where he served as Chief Financial Officer and Director from 2005. Hearne has over 20 years’ experience within the oil industry having been CFO and Senior Vice President of Erin Energy…

Photo: CMA CGM

Box, Dry Bulk Can Sustain by Slashing Capacity

International accountant and shipping adviser Moore Stephens believes slashing capacity is the only way to achieve stability in the dry bulk and container ship sectors. The shipping industry is expected to remain volatile and indispensable in 2016. The ultimate definition of an optimist has been characterised as an accordion player with an answerphone. Such extreme optimism might be difficult to find in shipping today, but the portents for 2016 are not all bad. The Baltic Dry Index…

Stuart Stroud (Moore Stephens)

Moore Stephens Alerts Employers on UK Pension Rules

International accountant and shipping adviser Moore Stephens has warned that shipping sector employers need to take action to ensure that they meet their compliance obligations following a recent ruling by the High Court in London that peripatetic ships’ crew living in the UK, who start and finish their voyages from a UK port, have automatic pension enrolment rights. Under the 2008 Pensions Act, employers have a legal duty to automatically enrol into a pension scheme those employees who are working - or ordinarily working - in Great Britain under workers’ contracts.

Conference in session Photo ICS

ICS Deliberate on “Legal Issues relating to Shipping & Ports”

ICS, East India Branch conducted conference on Legal matters pertaining to Maritime Sector prior to joining hands with M/s Hinode Events a Knowledge Partner to serialise this an Annual Conference on Legal Maritime Legal matters. The Branch takes pride to state that "The Ministry of Shipping" &  "The Directorate General of Shipping" have taken the view of the Branch in several legislative matters. Capt.K.G.Ramakrishnan,FICS, Past  Chairman acted as the Convenor for this Conference. Capt.

Officer Sentenced for Role in Fatal Ferry Crash

The second officer who admitted his actions were responsible for the death of a fisherman, has been sent to prison. Pasquale Miccio pleaded guilty to a breach of section 58 of the Merchant Shipping Act 1995 as amended, on March 24, 2016 in the High Court of Justiciary, Glasgow. It means he admitted his actions or omissions were responsible for the death of Daniel McNeil who was a crew member of the fishing vessel Homeland in August 2010. At the time, Miccio was serving as second officer aboard the MV Scottish Viking, a ferry owned and operated by Visemar di Navigazone Srl.

Photos: GOL Offshore

DVB Bank to Dispose GOL's Six Vessels

DVB Group Merchant Bank (Asia) Ltd, a unit of Germany’s DVB Bank SE, can now go ahead and seek bids for selling six ships of GOL Offshore, earlier known as Great Offshore Ltd, to recover their part of outstanding loans, says a report in the Livement. The Bombay high court has allowed DVB Group to start the process of undertaking valuations of six ships of Mumbai-based offshore services firm and seek potential bids. Bombay high court said six offshore vessels—Malaviya 23, Malaviya 24…

(Photo: NCA)

UK Convicts Captain, First Mate of Drug Trafficking

The captain and first officer of an ocean going tug boat have been found guilty of drug trafficking following the biggest ever U.K. seizure of class A drugs, the country’s National Crime Agency (NCA) announced. The cocaine, worth an estimated potential street value of £512 million once adulterated, was found hidden aboard the Tanzanian flagged MV Hamal in April 2015. The vessel had been intercepted by the Royal Navy destroyer HMS Somerset and Border Force cutter HMC Valiant in the North Sea approximately 100 miles off the coast of Aberdeenshire.

Nick Haslam, Group Director of Shipping Services Photo LOC

LOC Boosts London Team

Leading international marine and engineering consultancy LOC Group, has moved one of its top performers from Asia back to London to focus on growing the company’s shipping services in London and around the world. Nick Haslam, Group Director of Shipping Services, joined LOC almost 20 years ago and has been based in Singapore for the last nine years. He has returned to London to focus on business development and intends to further grow the expert team over the next 12-18 months.

LOC Boosts London Team

International marine and engineering consultancy LOC Group has moved one of its top performers from Asia back to London to focus on growing the company’s shipping services in London and around the world. Nick Haslam, Group Director of Shipping Services, joined LOC almost 20 years ago and has been based in Singapore for the last nine years. He has returned to London to focus on business development and intends to further grow the expert team over the next 12-18 months. A Class 1 Master Mariner…

MV Maverick Guardian Photo PrLab

S. Africa Becoming Preferred Destination for Ship Arrests

At the recent annual Maritime Law Conference (MLA) held at Arabella in the Western Cape, various prominent government and international speakers took to the floor to debate and discuss national global maritime phenomena including inter alia; the progress in handling international oil spillages, port congestion, salvage and vessel arrests. Progress and unity was evident amongst the highly respected panel of speakers including Captain Rufus Lekala (TNPA Chief Harbour Master), Captain Alan Reid…

North P&I Club Supports Member in Overturning Cargo Carriage Judgement

North P&I Club has helped restore the commercial balance between shipowners and cargo interests by successfully supporting a Member in its appeal against a UK High Court decision (10 November 2016). The Court of Appeal overturned the March 5, 2015 decision in Volcafe Ltd and others v. CSAV, which has been viewed by the shipping community as widely detrimental to shipowners. Chilean shipowner CSAV carried bagged coffee in 17 non-ventilated containers between Columbia and Germany in 2012.

Image: Standard Club

When is a Master Entitled to Refuse Damaged Cargo? A Reminder from the Standard Club

A master’s authority to clause bills of lading issued by or on his behalf can sometimes become the cause of disagreement between shippers, charterers and carriers. Under Article III Rule 3 of the Hague/Hague Visby Rules after receiving the cargo, and on the demand of the shipper, the master is obliged to issue a bill of lading evidencing the quantity and apparent order and condition of goods to be carried. The buyer of cargo, the consignee in an international trade, will want the subject bill of lading to be  accurate and contain unambiguous remarks as to the quantity…