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Just maritime
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Dec 31, 20201 min read
Change of ownership post collision and 'in rem' claims
If an in rem writ is issued against the wrong doing ship involved in a collision after she undergoes a change in ownership, then who...
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Dec 31, 20201 min read
CLC'92 or Bunker convention?
CLC'92 or Bunker convention – which one applies in case of bunker spill from a tanker in ballast? Determining this is anything but...
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Dec 31, 20201 min read
Limitation of liability & forum shopping
Cap on liability can vary considerably depending on where proceedings are commenced. In collision cases where the damage to one of the...
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Dec 31, 20201 min read
Piracy ransom & GA contribution by B/L holders
General average is a well known [ancient] concept and cargo owners are always looking at [novel] ways to avoid paying their contribution....
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Dec 31, 20201 min read
What is a 'dead ship' in the context of ship scrapping?
If a claim arises while a ship is being broken for scrap can limitation of liability be relied upon by owners? This novel question arose...
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Dec 30, 20201 min read
What is a 'sister ship' for purposes of ship arrest?
Various jurisdictions allow arrest of a sister ship to enforce a maritime claim. But proving that the vessel is a sister ship can prove...
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Oct 18, 20201 min read
Seizing a stateless vessel on high seas for drug trafficking - allowed?
Combating drug trafficking on high seas is a challenging affair. One of the hurdles is establishing jurisdiction over a vessel seized in...
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Aug 1, 20201 min read
LLMC'76 and its '96 protocol - damage caused by Wakashio in Mauritius
Damage done by the spill of 1200+mt of bunker oil from Wakashio off the Mauritius coast is no doubt an environmental catastrophe. Costs...
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Mar 8, 20201 min read
Under OPA 90 is tug owner the 'operator'?
Incase of oil pollution in US nav. waters, primary response and clean up obligations are triggered by OPA 90. The act makes a...
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Jan 1, 20201 min read
Are MAIB reports admissible in arbitration?
Owners of Ocean Prefect were bringing a claim for unsafe port against charterers, after she grounded twice in Umm Al Quwain. Owners were...
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Dec 31, 20191 min read
Salving treasure from a sunken ship - Finders, keepers?
Finders, keepers? It’s not that simple where maritime property is involved, especially when it is a treasure from a sunken ship. In The...
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Nov 24, 20191 min read
Is a floating casino a ship?
Every now and then courts are faced with the question whether a particular watercraft is a vessel/ship or not, which btw is no easy task....
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