ISRAEL Law and Practice Contributed by: Joseph Sprinzak and Rahel Rimon, J.SPRINZAK
J.SPRINZAK 150 Menachem Begin Road WE Towers Tel-Aviv 6492105 Israel Tel: +972 3608 1177 Fax: +972 3608 1178 Email: office@sprinzak.com Web: www.sprinzak.com
1. Maritime and Shipping Legislation and Regulation 1.1 Domestic Laws Establishing the Authorities of the Maritime and Shipping Courts The Admiralty Court in Israel applies the admi - ralty law and jurisdiction adopted by the English High Court of Admiralty in 1890, and conse - quently the Admiralty Courts Acts of 1840 and 1861 (legislation left over from the time of the British Mandate). However, this jurisdiction is naturally subject to subsequent local legislation. The most important local law affecting the Admi - ralty Court’s jurisdiction is the Shipping (Vessels) Law – 1960. This Law deals with: • the registration of vessels; • their transfer and devolution; • liens; • mortgages; • loss of qualification; • striking off the register; • the effect of the registration of rights, nation - ality and flag; and • the name of the vessel.
The provisions that affect the jurisdiction of the Admiralty Court are laid out in Section 40, which provides for debts to be secured by a first lien (on the vessel, freight and accessories), and in Section 41, which lists the type of debts that can be secured and the order of priority of the liens. The Shipping (Vessels) Law does not expressly refer to the position under the Admiralty Courts Acts, although it does retain existing legislation concerning the creation or transfer of a mort - gage or charge upon a vessel. It is accepted that the creation of these statutory liens also confers complementary jurisdiction in The Israel Ministry of Transport has established the Shipping and Ports Administration (SPA) to regulate all activities relating to Israel’s maritime activities. The SPA is responsible for the safety of Israeli shipping. rem on the Admiralty Court. 1.2 Port State Control
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