ISRAEL Trends and Developments Contributed by: Yoav Harris, John Harris (1940-2023) and Domiana Abboud, Harris & Co Maritime Law Office
and other liabilities in relation to casualties of seafarers will be void, as such limitation is not within the public policy. Grounding and marine casualty investigations Under Folio No 67484-03-19 HDI and Oth - ers v State of Israeli/Ministry of Transportation and the Owners of MV Diana, the Haifa District Court held that the Administration of Shipping and Ports (within the Ministry of Transportation) will disclose to foreign cargo interests the rescue co-ordination centre (RCC) communications that took place between the distressed MV Diana and the RCC at Haifa prior to its grounding on 19 January 2018, 250 metres from the Haifa Bay shore. These communications were collected by the Administration while investigating the incident, in accordance with their authority under the Port Regulations (Navigation safety) of 1982, and the Court held that the parties with cargo interests on board the MV Diana, whose cargo was dam - aged due to the vessel’s grounding, were enti - tled to receive the communications based on the Israeli Freedom of Information Act, 1998 and the Arbitration Act, 1968, and in view of the London arbitration being conducted between the cargo In the matter of MV Tiber River, an arrest order was obtained under a claim for executing a judi - cial bailment order issued a few days before by the Piraeus Court. The latter order transferred legal and physical possession of the vessel to the claimant nominated as the judicial bailee, in order to keep the vessel as a security for its claim regarding management services and payments provided that paid for the vessel. The issuance of the arrest order indicates that, in certain cir - cumstances, the Haifa Maritime Court is willing interests and the owners. Enforcing a foreign order
to enforce a foreign order regarding the deten - tion of a vessel even if the foreign order has just
been issued (and is still appealable). The authority to act as a prize court
In the matters of MV FREEDOM and MV KAARSTIEN (2021), the Haifa Maritime Court continued to establish its authority to act as a prize court according to the Naval Prize Act 1864, and to order, at the request of the State of Israel, the confiscation and judicial auction sale of vessels that are captured by the Israeli navy while attempting to breach the naval blockade imposed upon the Gaza shore. In these matters, it was further ordered that the amount received from the sale will be transferred to the State of Israel (Ministry of Treasury). These judgments follow the Haifa Maritime Court’s decisions in the matters of MV Estelle (2014), MV Marianne (2016), and MV Zaytouna Olivia (2019) and clearly state that any attempt to break the blockade, even for the purpose of protesting against the blockade itself, will result in the confiscation of the relevant vessels, while humanitarian aid itself (if carried on board con - fiscated vessels) will be transferred to the Gaza strip through Ashdod port and inland carriage. Currently, applications for the confiscation of two fishing boats accused of violating the fishing zones near the Gaza shoreline and engaging in confrontations with Israeli navy ships are pend - ing before the Haifa Maritime Court (Folio No 6625-11-2, 58223-02-22). These will be decided against the backdrop of the infiltration by Hamas terrorists at Zikim Shore in Israel, and the killing of 19 citizens there during the 7 October mas - sacre. On 27 October 2022, in the UN case Naqura, the Israeli and Lebanon delegations signed the Isra - el–Lebanon Maritime Border Agreement, demar -
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