ISRAEL Law and Practice Contributed by: Joseph Sprinzak and Rahel Rimon, J.SPRINZAK
vention, 1970 (No 133); C134 – Prevention of Accidents (Seafarers) Convention, 1970 (No 134); and C147 – Merchant Shipping (Minimum Standards) Convention, 1976 (No 147). The Ports (Shipping Safety) Regulations, 1982, govern the safety of seafarers and use of safe - ty equipment, as well as the seaworthiness of vessels, including through the adoption of the provisions of the International Convention for the Safety of Life at Sea (SOLAS) 1974 and the Convention on Training and Certification 1978 as amended in 1995. Israel has adopted the Hague-Visby Rules by vir - tue of the Carriage of Goods by Sea Ordinance – 1926, as amended in 1992. By virtue of this Ordinance, as amended in 1992, the Hague-Visby Rules apply to any bill of lad - ing in respect of carriage of goods by sea in any vessel: • from a port in Israel to another port, whether in Israel or outside Israel; • from a port in a country that is party to the Hague Rules or the Hague-Visby Rules, or when the bill of lading was issued in a country that is party to the Rules; 3. Cargo Claims 3.1 Bills of Lading • when they apply to the contract of carriage included in the bill of lading or the bill serves as proof of its existence, according to a term stipulated in a contract or under the laws of the country whose laws apply to that con - tract; and • to a port in Israel, when the laws of Israel apply to any such carriage, whether accord - ing to the contract of carriage, according to
another agreement between the parties or according to the determination of the court. 3.2 Title to Sue on a Bill of Lading As a rule, the lawful holder of the bill of lading may bring suit under the bill of lading. There may be cases, however, where a party who is a named consignee under a non-negotiable bill of lading may have a cause of action against the maritime carrier – for example, the buyer of the cargo under a sale contract, who has not received by way of transfer or endorsement a right to assert a claim under the bill of lading. Under Section 22 of the Torts Ordinance [New Version], it is generally not permissible to assign the right to a remedy for a tort or liability, except by operation of law. However, in the landmark case of Ma’ale Ephraim Printing Ltd v Ellerman Lines and Others (Judge King), later affirmed by the Supreme Court, the Court clarified several important principles. Regarding a bill of lading, the Court held that upon its transfer, the proprietary right in the car - go passes to the transferee, who is thereby enti - tled to sue and be sued in their own name. While English law restricts the right to sue for cargo damage to the holder of the bill of lading who has a proprietary interest in the goods, the Court found no reason to adopt this principle in Israeli law. In this case, the plaintiff’s contractual right to receive the cargo, coupled with their distinct economic interest in it, was deemed sufficient to confer standing to sue for damages caused to the cargo. In a tort action for negligence, the Court empha - sised that the right to sue is not limited to the owner of the damaged property. A holder or any person with a proprietary interest in the property may also sue. The tort of negligence is not con -
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