Definitive global law guides offering comparative analysis from top-ranked lawyers
INTRODUCTION | 6 |
Contributed by Yoav Harris, John Harris (1940-2023) and Domiana Abboud, Harris & Co Maritime Law Office | 6 |
ANGOLA | 13 |
Law and Practice | 13 |
Contributed by VdA | 13 |
Trends and Developments | 32 |
Contributed by VdA | 32 |
ARGENTINA | 38 |
Law and Practice | 38 |
Contributed by International Transport & Logistics Legal Consultants – MB Espiñeira & Abogados | 38 |
BELGIUM | 54 |
Law and Practice | 54 |
Contributed by Kegels Advocaten | 54 |
BRAZIL | 74 |
Law and Practice | 74 |
Contributed by Kincaid | Mendes Vianna Advogados | 74 |
CHILE | 91 |
Law and Practice | 91 |
Contributed by Jorquiera & Rozas Abogados | 91 |
CHINA | 112 |
Law and Practice | 112 |
Contributed by Wang Jing & Co | 112 |
COLOMBIA | 133 |
Law and Practice | 133 |
Contributed by Franco & Abogados Asociados | 133 |
CYPRUS | 145 |
Law and Practice | 145 |
Contributed by SCORDIS PAPAPETROU & Co LLC | 145 |
Trends and Developments | 170 |
Contributed by Montanios & Montanios LLC | 170 |
DENMARK | 178 |
Law and Practice | 178 |
Contributed by Bech-Bruun | 178 |
Trends and Developments | 199 |
Contributed by Bech-Bruun | 199 |
INDIA | 205 |
Law and Practice | 205 |
Contributed by Phoenix Legal | 205 |
Trends and Developments | 225 |
Contributed by Phoenix Legal | 225 |
INDONESIA | 232 |
Law and Practice | 232 |
Contributed by SSEK Law Firm | 232 |
Trends and Developments | 253 |
Contributed by ABNR Counsellors at Law | 253 |
ISRAEL | 260 |
Law and Practice | 260 |
Contributed by J.SPRINZAK | 260 |
Trends and Developments | 282 |
Contributed by Harris & Co Maritime Law Office | 282 |
ITALY | 290 |
Law and Practice | 290 |
Contributed by ADVANT Nctm | 290 |
JAPAN | 314 |
Law and Practice | 314 |
Contributed by TMI Associates | 314 |
LIBERIA | 332 |
Trends and Developments | 332 |
Contributed by Berman Legal LLC | 332 |
MALTA | 335 |
Law and Practice | 335 |
Contributed by Fenech & Fenech Advocates | 335 |
Trends and Developments | 360 |
Contributed by Fenech & Fenech Advocates | 360 |
MARSHALL ISLANDS | 368 |
Trends and Developments | 368 |
Contributed by Berman Legal LLC | 368 |
MOZAMBIQUE | 372 |
Law and Practice | 372 |
Contributed by VdA | 372 |
Trends and Developments | 390 |
Contributed by VdA | 390 |
NIGERIA | 395 |
Law and Practice | 395 |
Contributed by Bloomfield LP | 395 |
NORWAY | 417 |
Law and Practice | 417 |
Contributed by Kvale Advokatfirma DA | 417 |
Trends and Developments | 435 |
Contributed by Kvale Advokatfirma DA | 435 |
PANAMA | 441 |
Law and Practice | 441 |
Contributed by Patton Moreno & Asvat | 441 |
PHILIPPINES | 460 |
Law and Practice | 460 |
Contributed by VeraLaw | 460 |
Trends and Developments | 476 |
Contributed by VeraLaw | 476 |
SINGAPORE | 482 |
Law and Practice | 482 |
Contributed by DennisMathiew | 482 |
SOUTH KOREA | 500 |
Law and Practice | 500 |
Contributed by Jipyong LLC | 500 |
Trends and Developments | 517 |
Contributed by Jipyong LLC | 517 |
SPAIN | 524 |
Law and Practice | 524 |
Contributed by Aiyon Abogados | 524 |
Trends and Developments | 547 |
Contributed by BUFETE A. PRATS | 547 |
SWEDEN | 553 |
Law and Practice | 553 |
Contributed by Advokatfirman Vinge KB | 553 |
UAE | 570 |
Law and Practice | 570 |
Contributed by Attalah Legal Consultancy | 570 |
USA | 594 |
Law and Practice | 594 |
Contributed by Seward & Kissel LLP | 594 |
Trends and Developments | 611 |
Contributed by Seward & Kissel LLP | 611 |
1. Maritime and Shipping Legislation and Regulation | 17 |
1.1 Domestic Laws Establishing the Authorities of the Maritime and Shipping Courts | 17 |
1.2 Port State Control | 17 |
1.3 Domestic Legislation Applicable to Ship Registration | 17 |
1.4 Requirements for Ownership of Vessels | 18 |
1.5 Temporary Registration of Vessels | 18 |
1.6 Registration of Mortgages | 18 |
1.7 Ship Ownership and Mortgages Registry | 20 |
2. Marine Casualties and Owners’ Liability | 20 |
2.1 International Conventions: Pollution and Wreck Removal | 20 |
2.2 International Conventions: Collision and Salvage | 21 |
2.3 1976 Convention on Limitation of Liability for Maritime Claims | 21 |
2.4 Procedure and Requirements for Establishing a Limitation Fund | 21 |
2.5 Seafarers’ Safety and Owners’ Liability | 22 |
3. Cargo Claims | 22 |
3.1 Bills of Lading | 22 |
3.2 Title to Sue on a Bill of Lading | 22 |
3.3 Ship-Owners’ Liability and Limitation of Liability for Cargo Damages | 22 |
3.4 Misdeclaration of Cargo | 22 |
3.5 Time Bar for Filing Claims for Damaged or Lost Cargo | 22 |
4. Maritime Liens and Ship Arrests | 23 |
4.1 Ship Arrests | 23 |
4.2 Maritime Liens | 23 |
4.3 Liability in Personam for Owners or Demise Charterers | 23 |
4.4 Unpaid Bunkers | 24 |
4.5 Arresting a Vessel | 24 |
4.6 Arresting Bunkers and Freight | 24 |
4.7 Sister-Ship Arrest | 24 |
4.8 Other Ways of Obtaining Attachment Orders | 25 |
4.9 Releasing an Arrested Vessel | 25 |
4.10 Procedure for the Judicial Sale of Arrested Ships | 25 |
4.11 Insolvency Laws Applied by Maritime Courts | 26 |
4.12 Damages in the Event of Wrongful Arrest of a Vessel | 26 |
5. Passenger Claims | 26 |
5.1 Laws and Conventions Applicable to the Resolution of Passenger Claims | 26 |
6. Enforcement of Law and Jurisdiction and Arbitration Clauses | 26 |
6.1 Enforcement of Law and Jurisdiction Clauses Stated in Bills of Lading | 26 |
6.2 Enforcement of Law and Arbitration Clauses Incorporated Into a Bill of Lading | 27 |
6.3 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards | 27 |
6.4 Arrest of Vessels Subject to Foreign Arbitration or Jurisdiction | 28 |
6.5 Domestic Arbitration Institutes | 28 |
6.6 Remedies Where Proceedings Are Commenced in Breach of Foreign Jurisdiction or Arbitration Clauses | 28 |
7. Ship-Owners’ Income Tax Relief | 28 |
7.1 Exemptions or Tax Reliefs on the Income of Ship-Owners’ Companies | 28 |
8. Implications of Non-Performance, the IMO 2020, Trade Sanctions and the War in Ukraine | 29 |
8.1 Force Majeure and Frustration | 29 |
8.2 Enforcement of the IMO 2020 Rule Relating to Limitation on the Sulphur Content of Fuel Oil | 29 |
8.3 Trade Sanctions | 29 |
8.4 International Conflict(s) | 30 |
9. Additional Maritime or Shipping Issues | 31 |
9.1 Other Jurisdiction-Specific Shipping and Maritime Issues | 31 |
1. Maritime and Shipping Legislation and Regulation | 41 |
1.1 Domestic Laws Establishing the Authorities of the Maritime and Shipping Courts | 41 |
1.2 Port State Control | 41 |
1.3 Domestic Legislation Applicable to Ship Registration | 42 |
1.4 Requirements for Ownership of Vessels | 42 |
1.5 Temporary Registration of Vessels | 42 |
1.6 Registration of Mortgages | 42 |
1.7 Ship Ownership and Mortgages Registry | 43 |
2. Marine Casualties and Owners’ Liability | 43 |
2.1 International Conventions: Pollution and Wreck Removal | 43 |
2.2 International Conventions: Collision and Salvage | 43 |
2.3 1976 Convention on Limitation of Liability for Maritime Claims | 44 |
2.4 Procedure and Requirements for Establishing a Limitation Fund | 44 |
2.5 Seafarers’ Safety and Owners’ Liability | 44 |
3. Cargo Claims | 45 |
3.1 Bills of Lading | 45 |
3.2 Title to Sue on a Bill of Lading | 45 |
3.3 Ship-Owners’ Liability and Limitation of Liability for Cargo Damages | 45 |
3.4 Misdeclaration of Cargo | 45 |
3.5 Time Bar for Filing Claims for Damaged or Lost Cargo | 46 |
4. Maritime Liens and Ship Arrests | 46 |
4.1 Ship Arrests | 46 |
4.2 Maritime Liens | 46 |
4.3 Liability in Personam for Owners or Demise Charterers | 47 |
4.4 Unpaid Bunkers | 47 |
4.5 Arresting a Vessel | 47 |
4.6 Arresting Bunkers and Freight | 47 |
4.7 Sister-Ship Arrest | 47 |
4.8 Other Ways of Obtaining Attachment Orders | 48 |
4.9 Releasing an Arrested Vessel | 48 |
4.10 Procedure for the Judicial Sale of Arrested Ships | 48 |
4.11 Insolvency Laws Applied by Maritime Courts | 48 |
4.12 Damages in the Event of Wrongful Arrest of a Vessel | 49 |
5. Passenger Claims | 49 |
5.1 Laws and Conventions Applicable to the Resolution of Passenger Claims | 49 |
6. Enforcement of Law and Jurisdiction and Arbitration Clauses | 50 |
6.1 Enforcement of Law and Jurisdiction Clauses Stated in Bills of Lading | 50 |
6.2 Enforcement of Law and Arbitration Clauses Incorporated Into a Bill of Lading | 50 |
6.3 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards | 50 |
6.4 Arrest of Vessels Subject to Foreign Arbitration or Jurisdiction | 51 |
6.5 Domestic Arbitration Institutes | 51 |
6.6 Remedies Where Proceedings Are Commenced in Breach of Foreign Jurisdiction or Arbitration Clauses | 51 |
7. Ship-Owners’ Income Tax Relief | 51 |
7.1 Exemptions or Tax Reliefs on the Income of Ship-Owners’ Companies | 51 |
8. Implications of Non-Performance, the IMO 2020, Trade Sanctions and the War in Ukraine | 51 |
8.1 Force Majeure and Frustration | 51 |
8.2 Enforcement of the IMO 2020 Rule Relating to Limitation on the Sulphur Content of Fuel Oil | 52 |
8.3 Trade Sanctions | 52 |
8.4 International Conflict(s) | 52 |
9. Additional Maritime or Shipping Issues | 53 |
9.1 Other Jurisdiction-Specific Shipping and Maritime Issues | 53 |
1. Maritime and Shipping Legislation and Regulation | 57 |
1.1 Domestic Laws Establishing the Authorities of the Maritime and Shipping Courts | 57 |
1.2 Port State Control | 57 |
1.3 Domestic Legislation Applicable to Ship Registration | 58 |
1.4 Requirements for Ownership of Vessels | 59 |
1.5 Temporary Registration of Vessels | 59 |
1.6 Registration of Mortgages | 59 |
1.7 Ship Ownership and Mortgages Registry | 60 |
2. Marine Casualties and Owners’ Liability | 60 |
2.1 International Conventions: Pollution and Wreck Removal | 60 |
2.2 International Conventions: Collision and Salvage | 62 |
2.3 1976 Convention on Limitation of Liability for Maritime Claims | 63 |
2.4 Procedure and Requirements for Establishing a Limitation Fund | 63 |
2.5 Seafarers’ Safety and Owners’ Liability | 63 |
3. Cargo Claims | 64 |
3.1 Bills of Lading | 64 |
3.2 Title to Sue on a Bill of Lading | 64 |
3.3 Ship-Owners’ Liability and Limitation of Liability for Cargo Damages | 64 |
3.4 Misdeclaration of Cargo | 64 |
3.5 Time Bar for Filing Claims for Damaged or Lost Cargo | 64 |
4. Maritime Liens and Ship Arrests | 64 |
4.1 Ship Arrests | 64 |
4.2 Maritime Liens | 65 |
4.3 Liability in Personam for Owners or Demise Charterers | 66 |
4.4 Unpaid Bunkers | 66 |
4.5 Arresting a Vessel | 66 |
4.6 Arresting Bunkers and Freight | 66 |
4.7 Sister-Ship Arrest | 67 |
4.8 Other Ways of Obtaining Attachment Orders | 67 |
4.9 Releasing an Arrested Vessel | 67 |
4.10 Procedure for the Judicial Sale of Arrested Ships | 67 |
4.11 Insolvency Laws Applied by Maritime Courts | 68 |
4.12 Damages in the Event of Wrongful Arrest of a Vessel | 68 |
5. Passenger Claims | 68 |
5.1 Laws and Conventions Applicable to the Resolution of Passenger Claims | 68 |
6. Enforcement of Law and Jurisdiction and Arbitration Clauses | 69 |
6.1 Enforcement of Law and Jurisdiction Clauses Stated in Bills of Lading | 69 |
6.2 Enforcement of Law and Arbitration Clauses Incorporated Into a Bill of Lading | 69 |
6.3 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards | 69 |
6.4 Arrest of Vessels Subject to Foreign Arbitration or Jurisdiction | 70 |
6.5 Domestic Arbitration Institutes | 70 |
6.6 Remedies Where Proceedings Are Commenced in Breach of Foreign Jurisdiction or Arbitration Clauses | 70 |
7. Ship-Owners’ Income Tax Relief | 70 |
7.1 Exemptions or Tax Reliefs on the Income of Ship-Owners’ Companies | 70 |
8. Implications of Non-Performance, the IMO 2020, Trade Sanctions and the War in Ukraine | 71 |
8.1 Force Majeure and Frustration | 71 |
8.2 Enforcement of the IMO 2020 Rule Relating to Limitation on the Sulphur Content of Fuel Oil | 71 |
8.3 Trade Sanctions | 72 |
8.4 International Conflict(s) | 72 |
9. Additional Maritime or Shipping Issues | 73 |
9.1 Other Jurisdiction-Specific Shipping and Maritime Issues | 73 |
1. Maritime and Shipping Legislation and Regulation | 78 |
1.1 Domestic Laws Establishing the Authorities of the Maritime and Shipping Courts | 78 |
1.2 Port State Control | 78 |
1.3 Domestic Legislation Applicable to Ship Registration | 79 |
1.4 Requirements for Ownership of Vessels | 79 |
1.5 Temporary Registration of Vessels | 80 |
1.6 Registration of Mortgages | 80 |
1.7 Ship Ownership and Mortgages Registry | 80 |
2. Marine Casualties and Owners’ Liability | 80 |
2.1 International Conventions: Pollution and Wreck Removal | 80 |
2.2 International Conventions: Collision and Salvage | 81 |
2.3 1976 Convention on Limitation of Liability for Maritime Claims | 81 |
2.4 Procedure and Requirements for Establishing a Limitation Fund | 81 |
2.5 Seafarers’ Safety and Owners’ Liability | 81 |
3. Cargo Claims | 82 |
3.1 Bills of Lading | 82 |
3.2 Title to Sue on a Bill of Lading | 82 |
3.3 Ship-Owners’ Liability and Limitation of Liability for Cargo Damages | 82 |
3.4 Misdeclaration of Cargo | 82 |
3.5 Time Bar for Filing Claims for Damaged or Lost Cargo | 82 |
4. Maritime Liens and Ship Arrests | 82 |
4.1 Ship Arrests | 82 |
4.2 Maritime Liens | 83 |
4.3 Liability in Personam for Owners or Demise Charterers | 83 |
4.4 Unpaid Bunkers | 83 |
4.5 Arresting a Vessel | 83 |
4.6 Arresting Bunkers and Freight | 84 |
4.7 Sister-Ship Arrest | 84 |
4.8 Other Ways of Obtaining Attachment Orders | 84 |
4.9 Releasing an Arrested Vessel | 84 |
4.10 Procedure for the Judicial Sale of Arrested Ships | 85 |
4.11 Insolvency Laws Applied by Maritime Courts | 86 |
4.12 Damages in the Event of Wrongful Arrest of a Vessel | 86 |
5. Passenger Claims | 86 |
5.1 Laws and Conventions Applicable to the Resolution of Passenger Claims | 86 |
6. Enforcement of Law and Jurisdiction and Arbitration Clauses | 86 |
6.1 Enforcement of Law and Jurisdiction Clauses Stated in Bills of Lading | 86 |
6.2 Enforcement of Law and Arbitration Clauses Incorporated Into a Bill of Lading | 87 |
6.3 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards | 87 |
6.4 Arrest of Vessels Subject to Foreign Arbitration or Jurisdiction | 87 |
6.5 Domestic Arbitration Institutes | 87 |
6.6 Remedies Where Proceedings Are Commenced in Breach of Foreign Jurisdiction or Arbitration Clauses | 87 |
7. Ship-Owners’ Income Tax Relief | 88 |
7.1 Exemptions or Tax Reliefs on the Income of Ship-Owners’ Companies | 88 |
8. Implications of Non-Performance, the IMO 2020, Trade Sanctions and the War in Ukraine | 88 |
8.1 Force Majeure and Frustration | 88 |
8.2 Enforcement of the IMO 2020 Rule Relating to Limitation on the Sulphur Content of Fuel Oil | 89 |
8.3 Trade Sanctions | 89 |
8.4 International Conflict(s) | 89 |
9. Additional Maritime or Shipping Issues | 90 |
9.1 Other Jurisdiction-Specific Shipping and Maritime Issues | 90 |
1. Maritime and Shipping Legislation and Regulation | 95 |
1.1 Domestic Laws Establishing the Authorities of the Maritime and Shipping Courts | 95 |
1.2 Port State Control | 95 |
1.3 Domestic Legislation Applicable to Ship Registration | 96 |
1.4 Requirements for Ownership of Vessels | 96 |
1.5 Temporary Registration of Vessels | 97 |
1.6 Registration of Mortgages | 97 |
1.7 Ship Ownership and Mortgages Registry | 97 |
2. Marine Casualties and Owners’ Liability | 97 |
2.1 International Conventions: Pollution and Wreck Removal | 97 |
2.2 International Conventions: Collision and Salvage | 98 |
2.3 1976 Convention on Limitation of Liability for Maritime Claims | 98 |
2.4 Procedure and Requirements for Establishing a Limitation Fund | 99 |
2.5 Seafarers’ Safety and Owners’ Liability | 100 |
3. Cargo Claims | 100 |
3.1 Bills of Lading | 100 |
3.2 Title to Sue on a Bill of Lading | 100 |
3.3 Ship-Owners’ Liability and Limitation of Liability for Cargo Damages | 101 |
3.4 Misdeclaration of Cargo | 102 |
3.5 Time Bar for Filing Claims for Damaged or Lost Cargo | 102 |
4. Maritime Liens and Ship Arrests | 102 |
4.1 Ship Arrests | 102 |
4.2 Maritime Liens | 104 |
4.3 Liability in Personam for Owners or Demise Charterers | 104 |
4.4 Unpaid Bunkers | 104 |
4.5 Arresting a Vessel | 104 |
4.6 Arresting Bunkers and Freight | 105 |
4.7 Sister-Ship Arrest | 105 |
4.8 Other Ways of Obtaining Attachment Orders | 105 |
4.9 Releasing an Arrested Vessel | 105 |
4.10 Procedure for the Judicial Sale of Arrested Ships | 105 |
4.11 Insolvency Laws Applied by Maritime Courts | 106 |
4.12 Damages in the Event of Wrongful Arrest of a Vessel | 106 |
5. Passenger Claims | 106 |
5.1 Laws and Conventions Applicable to the Resolution of Passenger Claims | 106 |
6. Enforcement of Law and Jurisdiction and Arbitration Clauses | 106 |
6.1 Enforcement of Law and Jurisdiction Clauses Stated in Bills of Lading | 106 |
6.2 Enforcement of Law and Arbitration Clauses Incorporated Into a Bill of Lading | 107 |
6.3 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards | 107 |
6.4 Arrest of Vessels Subject to Foreign Arbitration or Jurisdiction | 108 |
6.5 Domestic Arbitration Institutes | 108 |
6.6 Remedies Where Proceedings Are Commenced in Breach of Foreign Jurisdiction or Arbitration Clauses | 108 |
7. Ship-Owners’ Income Tax Relief | 108 |
7.1 Exemptions or Tax Reliefs on the Income of Ship-Owners’ Companies | 108 |
8. Implications of Non-Performance, the IMO 2020, Trade Sanctions and the War in Ukraine | 109 |
8.1 Force Majeure and Frustration | 109 |
8.2 Enforcement of the IMO 2020 Rule Relating to Limitation on the Sulphur Content of Fuel Oil | 109 |
8.3 Trade Sanctions | 109 |
8.4 International Conflict(s) | 110 |
9. Additional Maritime or Shipping Issues | 110 |
9.1 Other Jurisdiction-Specific Shipping and Maritime Issues | 110 |
1. Maritime and Shipping Legislation and Regulation | 116 |
1.1 Domestic Laws Establishing the Authorities of the Maritime and Shipping Courts | 116 |
1.2 Port State Control | 116 |
1.3 Domestic Legislation Applicable to Ship Registration | 116 |
1.4 Requirements for Ownership of Vessels | 117 |
1.5 Temporary Registration of Vessels | 117 |
1.6 Registration of Mortgages | 118 |
1.7 Ship Ownership and Mortgages Registry | 118 |
2. Marine Casualties and Owners’ Liability | 119 |
2.1 International Conventions: Pollution and Wreck Removal | 119 |
2.2 International Conventions: Collision and Salvage | 119 |
2.3 1976 Convention on Limitation of Liability for Maritime Claims | 120 |
2.4 Procedure and Requirements for Establishing a Limitation Fund | 121 |
2.5 Seafarers’ Safety and Owners’ Liability | 121 |
3. Cargo Claims | 122 |
3.1 Bills of Lading | 122 |
3.2 Title to Sue on a Bill of Lading | 122 |
3.3 Ship-Owners’ Liability and Limitation of Liability for Cargo Damages | 122 |
3.4 Misdeclaration of Cargo | 123 |
3.5 Time Bar for Filing Claims for Damaged or Lost Cargo | 124 |
4. Maritime Liens and Ship Arrests | 124 |
4.1 Ship Arrests | 124 |
4.2 Maritime Liens | 124 |
4.3 Liability in Personam for Owners or Demise Charterers | 125 |
4.4 Unpaid Bunkers | 125 |
4.5 Arresting a Vessel | 126 |
4.6 Arresting Bunkers and Freight | 126 |
4.7 Sister-Ship Arrest | 126 |
4.8 Other Ways of Obtaining Attachment Orders | 126 |
4.9 Releasing an Arrested Vessel | 126 |
4.10 Procedure for the Judicial Sale of Arrested Ships | 126 |
4.11 Insolvency Laws Applied by Maritime Courts | 127 |
4.12 Damages in the Event of Wrongful Arrest of a Vessel | 127 |
5. Passenger Claims | 127 |
5.1 Laws and Conventions Applicable to the Resolution of Passenger Claims | 127 |
6. Enforcement of Law and Jurisdiction and Arbitration Clauses | 128 |
6.1 Enforcement of Law and Jurisdiction Clauses Stated in Bills of Lading | 128 |
6.2 Enforcement of Law and Arbitration Clauses Incorporated Into a Bill of Lading | 129 |
6.3 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards | 129 |
6.4 Arrest of Vessels Subject to Foreign Arbitration or Jurisdiction | 129 |
6.5 Domestic Arbitration Institutes | 129 |
6.6 Remedies Where Proceedings Are Commenced in Breach of Foreign Jurisdiction or Arbitration Clauses | 129 |
7. Ship-Owners’ Income Tax Relief | 129 |
7.1 Exemptions or Tax Reliefs on the Income of Ship-Owners’ Companies | 129 |
8. Implications of Non-Performance, the IMO 2020, Trade Sanctions and the War in Ukraine | 129 |
8.1 Force Majeure and Frustration | 129 |
8.2 Enforcement of the IMO 2020 Rule Relating to Limitation on the Sulphur Content of Fuel Oil | 129 |
8.3 Trade Sanctions | 130 |
8.4 International Conflict(s) | 131 |
9. Additional Maritime or Shipping Issues | 131 |
9.1 Other Jurisdiction-Specific Shipping and Maritime Issues | 131 |
1. Maritime and Shipping Legislation and Regulation | 136 |
1.1 Domestic Laws Establishing the Authorities of the Maritime and Shipping Courts | 136 |
1.2 Port State Control | 136 |
1.3 Domestic Legislation Applicable to Ship Registration | 136 |
1.4 Requirements for Ownership of Vessels | 136 |
1.5 Temporary Registration of Vessels | 136 |
1.6 Registration of Mortgages | 137 |
1.7 Ship Ownership and Mortgages Registry | 137 |
2. Marine Casualties and Owners’ Liability | 137 |
2.1 International Conventions: Pollution and Wreck Removal | 137 |
2.2 International Conventions: Collision and Salvage | 137 |
2.3 1976 Convention on Limitation of Liability for Maritime Claims | 138 |
2.4 Procedure and Requirements for Establishing a Limitation Fund | 138 |
2.5 Seafarers’ Safety and Owners’ Liability | 138 |
3. Cargo Claims | 138 |
3.1 Bills of Lading | 138 |
3.2 Title to Sue on a Bill of Lading | 138 |
3.3 Ship-Owners’ Liability and Limitation of Liability for Cargo Damages | 138 |
3.4 Misdeclaration of Cargo | 138 |
3.5 Time Bar for Filing Claims for Damaged or Lost Cargo | 139 |
4. Maritime Liens and Ship Arrests | 139 |
4.1 Ship Arrests | 139 |
4.2 Maritime Liens | 139 |
4.3 Liability in Personam for Owners or Demise Charterers | 139 |
4.4 Unpaid Bunkers | 139 |
4.5 Arresting a Vessel | 140 |
4.6 Arresting Bunkers and Freight | 140 |
4.7 Sister-Ship Arrest | 140 |
4.8 Other Ways of Obtaining Attachment Orders | 140 |
4.9 Releasing an Arrested Vessel | 140 |
4.10 Procedure for the Judicial Sale of Arrested Ships | 140 |
4.11 Insolvency Laws Applied by Maritime Courts | 141 |
4.12 Damages in the Event of Wrongful Arrest of a Vessel | 141 |
5. Passenger Claims | 141 |
5.1 Laws and Conventions Applicable to the Resolution of Passenger Claims | 141 |
6. Enforcement of Law and Jurisdiction and Arbitration Clauses | 142 |
6.1 Enforcement of Law and Jurisdiction Clauses Stated in Bills of Lading | 142 |
6.2 Enforcement of Law and Arbitration Clauses Incorporated Into a Bill of Lading | 142 |
6.3 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards | 142 |
6.4 Arrest of Vessels Subject to Foreign Arbitration or Jurisdiction | 142 |
6.5 Domestic Arbitration Institutes | 142 |
6.6 Remedies Where Proceedings Are Commenced in Breach of Foreign Jurisdiction or Arbitration Clauses | 143 |
7. Ship-Owners’ Income Tax Relief | 143 |
7.1 Exemptions or Tax Reliefs on the Income of Ship-Owners’ Companies | 143 |
8. Implications of Non-Performance, the IMO 2020, Trade Sanctions and the War in Ukraine | 143 |
8.1 Force Majeure and Frustration | 143 |
8.2 Enforcement of the IMO 2020 Rule Relating to Limitation on the Sulphur Content of Fuel Oil | 143 |
8.3 Trade Sanctions | 143 |
8.4 International Conflict(s) | 144 |
9. Additional Maritime or Shipping Issues | 144 |
9.1 Other Jurisdiction-Specific Shipping and Maritime Issues | 144 |
1. Maritime and Shipping Legislation and Regulation | 148 |
1.1 Domestic Laws Establishing the Authorities of the Maritime and Shipping Courts | 148 |
1.2 Port State Control | 149 |
1.3 Domestic Legislation Applicable to Ship Registration | 151 |
1.4 Requirements for Ownership of Vessels | 151 |
1.5 Temporary Registration of Vessels | 152 |
1.6 Registration of Mortgages | 152 |
1.7 Ship Ownership and Mortgages Registry | 153 |
2. Marine Casualties and Owners’ Liability | 153 |
2.1 International Conventions: Pollution and Wreck Removal | 153 |
2.2 International Conventions: Collision and Salvage | 154 |
2.3 1976 Convention on Limitation of Liability for Maritime Claims | 154 |
2.4 Procedure and Requirements for Establishing a Limitation Fund | 155 |
2.5 Seafarers’ Safety and Owners’ Liability | 155 |
3. Cargo Claims | 155 |
3.1 Bills of Lading | 155 |
3.2 Title to Sue on a Bill of Lading | 156 |
3.3 Ship-Owners’ Liability and Limitation of Liability for Cargo Damages | 156 |
3.4 Misdeclaration of Cargo | 157 |
3.5 Time Bar for Filing Claims for Damaged or Lost Cargo | 157 |
4. Maritime Liens and Ship Arrests | 158 |
4.1 Ship Arrests | 158 |
4.2 Maritime Liens | 158 |
4.3 Liability in Personam for Owners or Demise Charterers | 158 |
4.4 Unpaid Bunkers | 159 |
4.5 Arresting a Vessel | 159 |
4.6 Arresting Bunkers and Freight | 160 |
4.7 Sister-Ship Arrest | 160 |
4.8 Other Ways of Obtaining Attachment Orders | 160 |
4.9 Releasing an Arrested Vessel | 161 |
4.10 Procedure for the Judicial Sale of Arrested Ships | 161 |
4.11 Insolvency Laws Applied by Maritime Courts | 162 |
4.12 Damages in the Event of Wrongful Arrest of a Vessel | 162 |
5. Passenger Claims | 163 |
5.1 Laws and Conventions Applicable to the Resolution of Passenger Claims | 163 |
6. Enforcement of Law and Jurisdiction and Arbitration Clauses | 163 |
6.1 Enforcement of Law and Jurisdiction Clauses Stated in Bills of Lading | 163 |
6.2 Enforcement of Law and Arbitration Clauses Incorporated Into a Bill of Lading | 164 |
6.3 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards | 164 |
6.4 Arrest of Vessels Subject to Foreign Arbitration or Jurisdiction | 164 |
6.5 Domestic Arbitration Institutes | 164 |
6.6 Remedies Where Proceedings Are Commenced in Breach of Foreign Jurisdiction or Arbitration Clauses | 165 |
7. Ship-Owners’ Income Tax Relief | 165 |
7.1 Exemptions or Tax Reliefs on the Income of Ship-Owners’ Companies | 165 |
8. Implications of Non-Performance, the IMO 2020, Trade Sanctions and the War in Ukraine | 166 |
8.1 Force Majeure and Frustration | 166 |
8.2 Enforcement of the IMO 2020 Rule Relating to Limitation on the Sulphur Content of Fuel Oil | 167 |
8.3 Trade Sanctions | 167 |
8.4 International Conflict(s) | 168 |
9. Additional Maritime or Shipping Issues | 169 |
9.1 Other Jurisdiction-Specific Shipping and Maritime Issues | 169 |
1. Maritime and Shipping Legislation and Regulation | 181 |
1.1 Domestic Laws Establishing the Authorities of the Maritime and Shipping Courts | 181 |
1.2 Port State Control | 181 |
1.3 Domestic Legislation Applicable to Ship Registration | 182 |
1.4 Requirements for Ownership of Vessels | 182 |
1.5 Temporary Registration of Vessels | 183 |
1.6 Registration of Mortgages | 183 |
1.7 Ship Ownership and Mortgages Registry | 184 |
2. Marine Casualties and Owners’ Liability | 184 |
2.1 International Conventions: Pollution and Wreck Removal | 184 |
2.2 International Conventions: Collision and Salvage | 184 |
2.3 1976 Convention on Limitation of Liability for Maritime Claims | 185 |
2.4 Procedure and Requirements for Establishing a Limitation Fund | 185 |
2.5 Seafarers’ Safety and Owners’ Liability | 186 |
3. Cargo Claims | 187 |
3.1 Bills of Lading | 187 |
3.2 Title to Sue on a Bill of Lading | 187 |
3.3 Ship-Owners’ Liability and Limitation of Liability for Cargo Damages | 187 |
3.4 Misdeclaration of Cargo | 188 |
3.5 Time Bar for Filing Claims for Damaged or Lost Cargo | 188 |
4. Maritime Liens and Ship Arrests | 189 |
4.1 Ship Arrests | 189 |
4.2 Maritime Liens | 189 |
4.3 Liability in Personam for Owners or Demise Charterers | 189 |
4.4 Unpaid Bunkers | 189 |
4.5 Arresting a Vessel | 190 |
4.6 Arresting Bunkers and Freight | 190 |
4.7 Sister-Ship Arrest | 190 |
4.8 Other Ways of Obtaining Attachment Orders | 190 |
4.9 Releasing an Arrested Vessel | 191 |
4.10 Procedure for the Judicial Sale of Arrested Ships | 191 |
4.11 Insolvency Laws Applied by Maritime Courts | 192 |
4.12 Damages in the Event of Wrongful Arrest of a Vessel | 192 |
5. Passenger Claims | 192 |
5.1 Laws and Conventions Applicable to the Resolution of Passenger Claims | 192 |
6. Enforcement of Law and Jurisdiction and Arbitration Clauses | 193 |
6.1 Enforcement of Law and Jurisdiction Clauses Stated in Bills of Lading | 193 |
6.2 Enforcement of Law and Arbitration Clauses Incorporated Into a Bill of Lading | 193 |
6.3 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards | 194 |
6.4 Arrest of Vessels Subject to Foreign Arbitration or Jurisdiction | 194 |
6.5 Domestic Arbitration Institutes | 194 |
6.6 Remedies Where Proceedings Are Commenced in Breach of Foreign Jurisdiction or Arbitration Clauses | 194 |
7. Ship-Owners’ Income Tax Relief | 195 |
7.1 Exemptions or Tax Reliefs on the Income of Ship-Owners’ Companies | 195 |
8. Implications of Non-Performance, the IMO 2020, Trade Sanctions and the War in Ukraine | 195 |
8.1 Force Majeure and Frustration | 195 |
8.2 Enforcement of the IMO 2020 Rule Relating to Limitation on the Sulphur Content of Fuel Oil | 196 |
8.3 Trade Sanctions | 197 |
8.4 International Conflict(s) | 197 |
9. Additional Maritime or Shipping Issues | 198 |
9.1 Other Jurisdiction-Specific Shipping and Maritime Issues | 198 |
1. Maritime and Shipping Legislation and Regulation | 208 |
1.1 Domestic Laws Establishing the Authorities of the Maritime and Shipping Courts | 208 |
1.2 Port State Control | 208 |
1.3 Domestic Legislation Applicable to Ship Registration | 209 |
1.4 Requirements for Ownership of Vessels | 209 |
1.5 Temporary Registration of Vessels | 209 |
1.6 Registration of Mortgages | 209 |
1.7 Ship Ownership and Mortgages Registry | 210 |
2. Marine Casualties and Owners’ Liability | 210 |
2.1 International Conventions: Pollution and Wreck Removal | 210 |
2.2 International Conventions: Collision and Salvage | 210 |
2.3 1976 Convention on Limitation of Liability for Maritime Claims | 210 |
2.4 Procedure and Requirements for Establishing a Limitation Fund | 211 |
2.5 Seafarers’ Safety and Owners’ Liability | 211 |
3. Cargo Claims | 212 |
3.1 Bills of Lading | 212 |
3.2 Title to Sue on a Bill of Lading | 212 |
3.3 Ship-Owners’ Liability and Limitation of Liability for Cargo Damages | 212 |
3.4 Misdeclaration of Cargo | 213 |
3.5 Time Bar for Filing Claims for Damaged or Lost Cargo | 213 |
4. Maritime Liens and Ship Arrests | 214 |
4.1 Ship Arrests | 214 |
4.2 Maritime Liens | 214 |
4.3 Liability in Personam for Owners or Demise Charterers | 215 |
4.4 Unpaid Bunkers | 215 |
4.5 Arresting a Vessel | 216 |
4.6 Arresting Bunkers and Freight | 217 |
4.7 Sister-Ship Arrest | 217 |
4.8 Other Ways of Obtaining Attachment Orders | 217 |
4.9 Releasing an Arrested Vessel | 217 |
4.10 Procedure for the Judicial Sale of Arrested Ships | 217 |
4.11 Insolvency Laws Applied by Maritime Courts | 218 |
4.12 Damages in the Event of Wrongful Arrest of a Vessel | 218 |
5. Passenger Claims | 218 |
5.1 Laws and Conventions Applicable to the Resolution of Passenger Claims | 218 |
6. Enforcement of Law and Jurisdiction and Arbitration Clauses | 219 |
6.1 Enforcement of Law and Jurisdiction Clauses Stated in Bills of Lading | 219 |
6.2 Enforcement of Law and Arbitration Clauses Incorporated Into a Bill of Lading | 219 |
6.3 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards | 220 |
6.4 Arrest of Vessels Subject to Foreign Arbitration or Jurisdiction | 220 |
6.5 Domestic Arbitration Institutes | 220 |
6.6 Remedies Where Proceedings Are Commenced in Breach of Foreign Jurisdiction or Arbitration Clauses | 220 |
7. Ship-Owners’ Income Tax Relief | 221 |
7.1 Exemptions or Tax Reliefs on the Income of Ship-Owners’ Companies | 221 |
8. Implications of Non-Performance, the IMO 2020, Trade Sanctions and the War in Ukraine | 221 |
8.1 Force Majeure and Frustration | 221 |
8.2 Enforcement of the IMO 2020 Rule Relating to Limitation on the Sulphur Content of Fuel Oil | 222 |
8.3 Trade Sanctions | 222 |
8.4 International Conflict(s) | 222 |
9. Additional Maritime or Shipping Issues | 223 |
9.1 Other Jurisdiction-Specific Shipping and Maritime Issues | 223 |
1. Maritime and Shipping Legislation and Regulation | 235 |
1.1 Domestic Laws Establishing the Authorities of the Maritime and Shipping Courts | 235 |
1.2 Port State Control | 235 |
1.3 Domestic Legislation Applicable to Ship Registration | 236 |
1.4 Requirements for Ownership of Vessels | 236 |
1.5 Temporary Registration of Vessels | 236 |
1.6 Registration of Mortgages | 236 |
1.7 Ship Ownership and Mortgages Registry | 237 |
2. Marine Casualties and Owners’ Liability | 237 |
2.1 International Conventions: Pollution and Wreck Removal | 237 |
2.2 International Conventions: Collision and Salvage | 237 |
2.3 1976 Convention on Limitation of Liability for Maritime Claims | 238 |
2.4 Procedure and Requirements for Establishing a Limitation Fund | 238 |
2.5 Seafarers’ Safety and Owners’ Liability | 238 |
3. Cargo Claims | 239 |
3.1 Bills of Lading | 239 |
3.2 Title to Sue on a Bill of Lading | 239 |
3.3 Ship-Owners’ Liability and Limitation of Liability for Cargo Damages | 239 |
3.4 Misdeclaration of Cargo | 240 |
3.5 Time Bar for Filing Claims for Damaged or Lost Cargo | 240 |
4. Maritime Liens and Ship Arrests | 240 |
4.1 Ship Arrests | 240 |
4.2 Maritime Liens | 241 |
4.3 Liability in Personam for Owners or Demise Charterers | 242 |
4.4 Unpaid Bunkers | 242 |
4.5 Arresting a Vessel | 242 |
4.6 Arresting Bunkers and Freight | 243 |
4.7 Sister-Ship Arrest | 243 |
4.8 Other Ways of Obtaining Attachment Orders | 243 |
4.9 Releasing an Arrested Vessel | 243 |
4.10 Procedure for the Judicial Sale of Arrested Ships | 243 |
4.11 Insolvency Laws Applied by Maritime Courts | 244 |
4.12 Damages in the Event of Wrongful Arrest of a Vessel | 244 |
5. Passenger Claims | 245 |
5.1 Laws and Conventions Applicable to the Resolution of Passenger Claims | 245 |
6. Enforcement of Law and Jurisdiction and Arbitration Clauses | 245 |
6.1 Enforcement of Law and Jurisdiction Clauses Stated in Bills of Lading | 245 |
6.2 Enforcement of Law and Arbitration Clauses Incorporated Into a Bill of Lading | 246 |
6.3 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards | 246 |
6.4 Arrest of Vessels Subject to Foreign Arbitration or Jurisdiction | 246 |
6.5 Domestic Arbitration Institutes | 247 |
6.6 Remedies Where Proceedings Are Commenced in Breach of Foreign Jurisdiction or Arbitration Clauses | 247 |
7. Ship-Owners’ Income Tax Relief | 247 |
7.1 Exemptions or Tax Reliefs on the Income of Ship-Owners’ Companies | 247 |
8. Implications of Non-Performance, the IMO 2020, Trade Sanctions and the War in Ukraine | 247 |
8.1 Force Majeure and Frustration | 247 |
8.2 Enforcement of the IMO 2020 Rule Relating to Limitation on the Sulphur Content of Fuel Oil | 248 |
8.3 Trade Sanctions | 249 |
8.4 International Conflict(s) | 249 |
9. Additional Maritime or Shipping Issues | 249 |
9.1 Other Jurisdiction-Specific Shipping and Maritime Issues | 249 |
1. Maritime and Shipping Legislation and Regulation | 263 |
1.1 Domestic Laws Establishing the Authorities of the Maritime and Shipping Courts | 263 |
1.2 Port State Control | 263 |
1.3 Domestic Legislation Applicable to Ship Registration | 264 |
1.4 Requirements for Ownership of Vessels | 265 |
1.5 Temporary Registration of Vessels | 265 |
1.6 Registration of Mortgages | 265 |
1.7 Ship Ownership and Mortgages Registry | 265 |
2. Marine Casualties and Owners’ Liability | 266 |
2.1 International Conventions: Pollution and Wreck Removal | 266 |
2.2 International Conventions: Collision and Salvage | 267 |
2.3 1976 Convention on Limitation of Liability for Maritime Claims | 267 |
2.4 Procedure and Requirements for Establishing a Limitation Fund | 268 |
2.5 Seafarers’ Safety and Owners’ Liability | 268 |
3. Cargo Claims | 269 |
3.1 Bills of Lading | 269 |
3.2 Title to Sue on a Bill of Lading | 269 |
3.3 Ship-Owners’ Liability and Limitation of Liability for Cargo Damages | 270 |
3.4 Misdeclaration of Cargo | 271 |
3.5 Time Bar for Filing Claims for Damaged or Lost Cargo | 271 |
4. Maritime Liens and Ship Arrests | 271 |
4.1 Ship Arrests | 271 |
4.2 Maritime Liens | 272 |
4.3 Liability in Personam for Owners or Demise Charterers | 272 |
4.4 Unpaid Bunkers | 273 |
4.5 Arresting a Vessel | 273 |
4.6 Arresting Bunkers and Freight | 274 |
4.7 Sister-Ship Arrest | 274 |
4.8 Other Ways of Obtaining Attachment Orders | 274 |
4.9 Releasing an Arrested Vessel | 274 |
4.10 Procedure for the Judicial Sale of Arrested Ships | 274 |
4.11 Insolvency Laws Applied by Maritime Courts | 275 |
4.12 Damages in the Event of Wrongful Arrest of a Vessel | 275 |
5. Passenger Claims | 275 |
5.1 Laws and Conventions Applicable to the Resolution of Passenger Claims | 275 |
6. Enforcement of Law and Jurisdiction and Arbitration Clauses | 276 |
6.1 Enforcement of Law and Jurisdiction Clauses Stated in Bills of Lading | 276 |
6.2 Enforcement of Law and Arbitration Clauses Incorporated Into a Bill of Lading | 276 |
6.3 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards | 276 |
6.4 Arrest of Vessels Subject to Foreign Arbitration or Jurisdiction | 277 |
6.5 Domestic Arbitration Institutes | 277 |
6.6 Remedies Where Proceedings Are Commenced in Breach of Foreign Jurisdiction or Arbitration Clauses | 277 |
7. Ship-Owners’ Income Tax Relief | 277 |
7.1 Exemptions or Tax Reliefs on the Income of Ship-Owners’ Companies | 277 |
8. Implications of Non-Performance, the IMO 2020, Trade Sanctions and the War in Ukraine | 277 |
8.1 Force Majeure and Frustration | 277 |
8.2 Enforcement of the IMO 2020 Rule Relating to Limitation on the Sulphur Content of Fuel Oil | 278 |
8.3 Trade Sanctions | 278 |
8.4 International Conflict(s) | 279 |
9. Additional Maritime or Shipping Issues | 279 |
9.1 Other Jurisdiction-Specific Shipping and Maritime Issues | 279 |
1. Maritime and Shipping Legislation and Regulation | 294 |
1.1 Domestic Laws Establishing the Authorities of the Maritime and Shipping Courts | 294 |
1.2 Port State Control | 294 |
1.3 Domestic Legislation Applicable to Ship Registration | 295 |
1.4 Requirements for Ownership of Vessels | 295 |
1.5 Temporary Registration of Vessels | 296 |
1.6 Registration of Mortgages | 296 |
1.7 Ship Ownership and Mortgages Registry | 296 |
2. Marine Casualties and Owners’ Liability | 296 |
2.1 International Conventions: Pollution and Wreck Removal | 296 |
2.2 International Conventions: Collision and Salvage | 298 |
2.3 1976 Convention on Limitation of Liability for Maritime Claims | 298 |
2.4 Procedure and Requirements for Establishing a Limitation Fund | 298 |
2.5 Seafarers’ Safety and Owners’ Liability | 298 |
3. Cargo Claims | 299 |
3.1 Bills of Lading | 299 |
3.2 Title to Sue on a Bill of Lading | 299 |
3.3 Ship-Owners’ Liability and Limitation of Liability for Cargo Damages | 299 |
3.4 Misdeclaration of Cargo | 300 |
3.5 Time Bar for Filing Claims for Damaged or Lost Cargo | 300 |
4. Maritime Liens and Ship Arrests | 300 |
4.1 Ship Arrests | 300 |
4.2 Maritime Liens | 300 |
4.3 Liability in Personam for Owners or Demise Charterers | 301 |
4.4 Unpaid Bunkers | 302 |
4.5 Arresting a Vessel | 302 |
4.6 Arresting Bunkers and Freight | 302 |
4.7 Sister-Ship Arrest | 303 |
4.8 Other Ways of Obtaining Attachment Orders | 303 |
4.9 Releasing an Arrested Vessel | 303 |
4.10 Procedure for the Judicial Sale of Arrested Ships | 303 |
4.11 Insolvency Laws Applied by Maritime Courts | 304 |
4.12 Damages in the Event of Wrongful Arrest of a Vessel | 304 |
5. Passenger Claims | 305 |
5.1 Laws and Conventions Applicable to the Resolution of Passenger Claims | 305 |
6. Enforcement of Law and Jurisdiction and Arbitration Clauses | 305 |
6.1 Enforcement of Law and Jurisdiction Clauses Stated in Bills of Lading | 305 |
6.2 Enforcement of Law and Arbitration Clauses Incorporated Into a Bill of Lading | 306 |
6.3 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards | 306 |
6.4 Arrest of Vessels Subject to Foreign Arbitration or Jurisdiction | 306 |
6.5 Domestic Arbitration Institutes | 306 |
6.6 Remedies Where Proceedings Are Commenced in Breach of Foreign Jurisdiction or Arbitration Clauses | 306 |
7. Ship-Owners’ Income Tax Relief | 306 |
7.1 Exemptions or Tax Reliefs on the Income of Ship-Owners’ Companies | 306 |
8. Implications of Non-Performance, the IMO 2020, Trade Sanctions and the War in Ukraine | 307 |
8.1 Force Majeure and Frustration | 307 |
8.2 Enforcement of the IMO 2020 Rule Relating to Limitation on the Sulphur Content of Fuel Oil | 309 |
8.3 Trade Sanctions | 310 |
8.4 International Conflict(s) | 311 |
9. Additional Maritime or Shipping Issues | 312 |
9.1 Other Jurisdiction-Specific Shipping and Maritime Issues | 312 |
1. Maritime and Shipping Legislation and Regulation | 318 |
1.1 Domestic Laws Establishing the Authorities of the Maritime and Shipping Courts | 318 |
1.2 Port State Control | 318 |
1.3 Domestic Legislation Applicable to Ship Registration | 319 |
1.4 Requirements for Ownership of Vessels | 319 |
1.5 Temporary Registration of Vessels | 319 |
1.6 Registration of Mortgages | 320 |
1.7 Ship Ownership and Mortgages Registry | 320 |
2. Marine Casualties and Owners’ Liability | 320 |
2.1 International Conventions: Pollution and Wreck Removal | 320 |
2.2 International Conventions: Collision and Salvage | 321 |
2.3 1976 Convention on Limitation of Liability for Maritime Claims | 321 |
2.4 Procedure and Requirements for Establishing a Limitation Fund | 321 |
2.5 Seafarers’ Safety and Owners’ Liability | 322 |
3. Cargo Claims | 322 |
3.1 Bills of Lading | 322 |
3.2 Title to Sue on a Bill of Lading | 322 |
3.3 Ship-Owners’ Liability and Limitation of Liability for Cargo Damages | 323 |
3.4 Misdeclaration of Cargo | 323 |
3.5 Time Bar for Filing Claims for Damaged or Lost Cargo | 323 |
4. Maritime Liens and Ship Arrests | 323 |
4.1 Ship Arrests | 323 |
4.2 Maritime Liens | 324 |
4.3 Liability in Personam for Owners or Demise Charterers | 324 |
4.4 Unpaid Bunkers | 324 |
4.5 Arresting a Vessel | 325 |
4.6 Arresting Bunkers and Freight | 325 |
4.7 Sister-Ship Arrest | 325 |
4.8 Other Ways of Obtaining Attachment Orders | 325 |
4.9 Releasing an Arrested Vessel | 325 |
4.10 Procedure for the Judicial Sale of Arrested Ships | 325 |
4.11 Insolvency Laws Applied by Maritime Courts | 326 |
4.12 Damages in the Event of Wrongful Arrest of a Vessel | 326 |
5. Passenger Claims | 327 |
5.1 Laws and Conventions Applicable to the Resolution of Passenger Claims | 327 |
6. Enforcement of Law and Jurisdiction and Arbitration Clauses | 327 |
6.1 Enforcement of Law and Jurisdiction Clauses Stated in Bills of Lading | 327 |
6.2 Enforcement of Law and Arbitration Clauses Incorporated Into a Bill of Lading | 327 |
6.3 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards | 328 |
6.4 Arrest of Vessels Subject to Foreign Arbitration or Jurisdiction | 328 |
6.5 Domestic Arbitration Institutes | 328 |
6.6 Remedies Where Proceedings Are Commenced in Breach of Foreign Jurisdiction or Arbitration Clauses | 329 |
7. Ship-Owners’ Income Tax Relief | 329 |
7.1 Exemptions or Tax Reliefs on the Income of Ship-Owners’ Companies | 329 |
8. Implications of Non-Performance, the IMO 2020, Trade Sanctions and the War in Ukraine | 329 |
8.1 Force Majeure and Frustration | 329 |
8.2 Enforcement of the IMO 2020 Rule Relating to Limitation on the Sulphur Content of Fuel Oil | 329 |
8.3 Trade Sanctions | 330 |
8.4 International Conflict(s) | 330 |
9. Additional Maritime or Shipping Issues | 331 |
9.1 Other Jurisdiction-Specific Shipping and Maritime Issues | 331 |
1. Maritime and Shipping Legislation and Regulation | 339 |
1.1 Domestic Laws Establishing the Authorities of the Maritime and Shipping Courts | 339 |
1.2 Port State Control | 339 |
1.3 Domestic Legislation Applicable to Ship Registration | 340 |
1.4 Requirements for Ownership of Vessels | 340 |
1.5 Temporary Registration of Vessels | 340 |
1.6 Registration of Mortgages | 341 |
1.7 Ship Ownership and Mortgages Registry | 341 |
2. Marine Casualties and Owners’ Liability | 341 |
2.1 International Conventions: Pollution and Wreck Removal | 341 |
2.2 International Conventions: Collision and Salvage | 342 |
2.3 1976 Convention on Limitation of Liability for Maritime Claims | 342 |
2.4 Procedure and Requirements for Establishing a Limitation Fund | 343 |
2.5 Seafarers’ Safety and Owners’ Liability | 343 |
3. Cargo Claims | 343 |
3.1 Bills of Lading | 343 |
3.2 Title to Sue on a Bill of Lading | 344 |
3.3 Ship-Owners’ Liability and Limitation of Liability for Cargo Damages | 344 |
3.4 Misdeclaration of Cargo | 344 |
3.5 Time Bar for Filing Claims for Damaged or Lost Cargo | 345 |
4. Maritime Liens and Ship Arrests | 345 |
4.1 Ship Arrests | 345 |
4.2 Maritime Liens | 346 |
4.3 Liability in Personam for Owners or Demise Charterers | 346 |
4.4 Unpaid Bunkers | 347 |
4.5 Arresting a Vessel | 347 |
4.6 Arresting Bunkers and Freight | 348 |
4.7 Sister-Ship Arrest | 349 |
4.8 Other Ways of Obtaining Attachment Orders | 349 |
4.9 Releasing an Arrested Vessel | 350 |
4.10 Procedure for the Judicial Sale of Arrested Ships | 350 |
4.11 Insolvency Laws Applied by Maritime Courts | 351 |
4.12 Damages in the Event of Wrongful Arrest of a Vessel | 352 |
5. Passenger Claims | 352 |
5.1 Laws and Conventions Applicable to the Resolution of Passenger Claims | 352 |
6. Enforcement of Law and Jurisdiction and Arbitration Clauses | 353 |
6.1 Enforcement of Law and Jurisdiction Clauses Stated in Bills of Lading | 353 |
6.2 Enforcement of Law and Arbitration Clauses Incorporated Into a Bill of Lading | 353 |
6.3 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards | 353 |
6.4 Arrest of Vessels Subject to Foreign Arbitration or Jurisdiction | 353 |
6.5 Domestic Arbitration Institutes | 354 |
6.6 Remedies Where Proceedings Are Commenced in Breach of Foreign Jurisdiction or Arbitration Clauses | 354 |
7. Ship-Owners’ Income Tax Relief | 355 |
7.1 Exemptions or Tax Reliefs on the Income of Ship-Owners’ Companies | 355 |
8. Implications of Non-Performance, the IMO 2020, Trade Sanctions and the War in Ukraine | 355 |
8.1 Force Majeure and Frustration | 355 |
8.2 Enforcement of the IMO 2020 Rule Relating to Limitation on the Sulphur Content of Fuel Oil | 356 |
8.3 Trade Sanctions | 357 |
8.4 International Conflict(s) | 358 |
9. Additional Maritime or Shipping Issues | 358 |
9.1 Other Jurisdiction-Specific Shipping and Maritime Issues | 358 |
1. Maritime and Shipping Legislation and Regulation | 376 |
1.1 Domestic Laws Establishing the Authorities of the Maritime and Shipping Courts | 376 |
1.2 Port State Control | 376 |
1.3 Domestic Legislation Applicable to Ship Registration | 377 |
1.4 Requirements for Ownership of Vessels | 377 |
1.5 Temporary Registration of Vessels | 377 |
1.6 Registration of Mortgages | 378 |
1.7 Ship Ownership and Mortgages Registry | 379 |
2. Marine Casualties and Owners’ Liability | 379 |
2.1 International Conventions: Pollution and Wreck Removal | 379 |
2.2 International Conventions: Collision and Salvage | 380 |
2.3 1976 Convention on Limitation of Liability for Maritime Claims | 380 |
2.4 Procedure and Requirements for Establishing a Limitation Fund | 381 |
2.5 Seafarers’ Safety and Owners’ Liability | 381 |
3. Cargo Claims | 381 |
3.1 Bills of Lading | 381 |
3.2 Title to Sue on a Bill of Lading | 382 |
3.3 Ship-Owners’ Liability and Limitation of Liability for Cargo Damages | 382 |
3.4 Misdeclaration of Cargo | 382 |
3.5 Time Bar for Filing Claims for Damaged or Lost Cargo | 382 |
4. Maritime Liens and Ship Arrests | 383 |
4.1 Ship Arrests | 383 |
4.2 Maritime Liens | 383 |
4.3 Liability in Personam for Owners or Demise Charterers | 383 |
4.4 Unpaid Bunkers | 383 |
4.5 Arresting a Vessel | 384 |
4.6 Arresting Bunkers and Freight | 384 |
4.7 Sister-Ship Arrest | 384 |
4.8 Other Ways of Obtaining Attachment Orders | 384 |
4.9 Releasing an Arrested Vessel | 384 |
4.10 Procedure for the Judicial Sale of Arrested Ships | 385 |
4.11 Insolvency Laws Applied by Maritime Courts | 385 |
4.12 Damages in the Event of Wrongful Arrest of a Vessel | 386 |
5. Passenger Claims | 386 |
5.1 Laws and Conventions Applicable to the Resolution of Passenger Claims | 386 |
6. Enforcement of Law and Jurisdiction and Arbitration Clauses | 386 |
6.1 Enforcement of Law and Jurisdiction Clauses Stated in Bills of Lading | 386 |
6.2 Enforcement of Law and Arbitration Clauses Incorporated Into a Bill of Lading | 387 |
6.3 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards | 387 |
6.4 Arrest of Vessels Subject to Foreign Arbitration or Jurisdiction | 388 |
6.5 Domestic Arbitration Institutes | 388 |
6.6 Remedies Where Proceedings Are Commenced in Breach of Foreign Jurisdiction or Arbitration Clauses | 388 |
7. Ship-Owners’ Income Tax Relief | 388 |
7.1 Exemptions or Tax Reliefs on the Income of Ship-Owners’ Companies | 388 |
8. Implications of Non-Performance, the IMO 2020, Trade Sanctions and the War in Ukraine | 388 |
8.1 Force Majeure and Frustration | 388 |
8.2 Enforcement of the IMO 2020 Rule Relating to Limitation on the Sulphur Content of Fuel Oil | 389 |
8.3 Trade Sanctions | 389 |
8.4 International Conflict(s) | 389 |
9. Additional Maritime or Shipping Issues | 389 |
9.1 Other Jurisdiction-Specific Shipping and Maritime Issues | 389 |
1. Maritime and Shipping Legislation and Regulation | 398 |
1.1 Domestic Laws Establishing the Authorities of the Maritime and Shipping Courts | 398 |
1.2 Port State Control | 399 |
1.3 Domestic Legislation Applicable to Ship Registration | 399 |
1.4 Requirements for Ownership of Vessels | 399 |
1.5 Temporary Registration of Vessels | 400 |
1.6 Registration of Mortgages | 400 |
1.7 Ship Ownership and Mortgages Registry | 401 |
2. Marine Casualties and Owners’ Liability | 401 |
2.1 International Conventions: Pollution and Wreck Removal | 401 |
2.2 International Conventions: Collision and Salvage | 402 |
2.3 1976 Convention on Limitation of Liability for Maritime Claims | 403 |
2.4 Procedure and Requirements for Establishing a Limitation Fund | 403 |
2.5 Seafarers’ Safety and Owners’ Liability | 404 |
3. Cargo Claims | 404 |
3.1 Bills of Lading | 404 |
3.2 Title to Sue on a Bill of Lading | 405 |
3.3 Ship-Owners’ Liability and Limitation of Liability for Cargo Damages | 405 |
3.4 Misdeclaration of Cargo | 406 |
3.5 Time Bar for Filing Claims for Damaged or Lost Cargo | 406 |
4. Maritime Liens and Ship Arrests | 407 |
4.1 Ship Arrests | 407 |
4.2 Maritime Liens | 407 |
4.3 Liability in Personam for Owners or Demise Charterers | 407 |
4.4 Unpaid Bunkers | 407 |
4.5 Arresting a Vessel | 408 |
4.6 Arresting Bunkers and Freight | 409 |
4.7 Sister-Ship Arrest | 409 |
4.8 Other Ways of Obtaining Attachment Orders | 409 |
4.9 Releasing an Arrested Vessel | 409 |
4.10 Procedure for the Judicial Sale of Arrested Ships | 409 |
4.11 Insolvency Laws Applied by Maritime Courts | 411 |
4.12 Damages in the Event of Wrongful Arrest of a Vessel | 411 |
5. Passenger Claims | 411 |
5.1 Laws and Conventions Applicable to the Resolution of Passenger Claims | 411 |
6. Enforcement of Law and Jurisdiction and Arbitration Clauses | 412 |
6.1 Enforcement of Law and Jurisdiction Clauses Stated in Bills of Lading | 412 |
6.2 Enforcement of Law and Arbitration Clauses Incorporated Into a Bill of Lading | 412 |
6.3 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards | 412 |
6.4 Arrest of Vessels Subject to Foreign Arbitration or Jurisdiction | 413 |
6.5 Domestic Arbitration Institutes | 413 |
6.6 Remedies Where Proceedings Are Commenced in Breach of Foreign Jurisdiction or Arbitration Clauses | 413 |
7. Ship-Owners’ Income Tax Relief | 413 |
7.1 Exemptions or Tax Reliefs on the Income of Ship-Owners’ Companies | 413 |
8. Implications of Non-Performance, the IMO 2020, Trade Sanctions and the War in Ukraine | 414 |
8.1 Force Majeure and Frustration | 414 |
8.2 Enforcement of the IMO 2020 Rule Relating to Limitation on the Sulphur Content of Fuel Oil | 414 |
8.3 Trade Sanctions | 414 |
8.4 International Conflict(s) | 415 |
9. Additional Maritime or Shipping Issues | 415 |
9.1 Other Jurisdiction-Specific Shipping and Maritime Issues | 415 |
1. Maritime and Shipping Legislation and Regulation | 421 |
1.1 Domestic Laws Establishing the Authorities of the Maritime and Shipping Courts | 421 |
1.2 Port State Control | 421 |
1.3 Domestic Legislation Applicable to Ship Registration | 421 |
1.4 Requirements for Ownership of Vessels | 421 |
1.5 Temporary Registration of Vessels | 422 |
1.6 Registration of Mortgages | 422 |
1.7 Ship Ownership and Mortgages Registry | 423 |
2. Marine Casualties and Owners’ Liability | 423 |
2.1 International Conventions: Pollution and Wreck Removal | 423 |
2.2 International Conventions: Collision and Salvage | 424 |
2.3 1976 Convention on Limitation of Liability for Maritime Claims | 424 |
2.4 Procedure and Requirements for Establishing a Limitation Fund | 424 |
2.5 Seafarers’ Safety and Owners’ Liability | 425 |
3. Cargo Claims | 425 |
3.1 Bills of Lading | 425 |
3.2 Title to Sue on a Bill of Lading | 425 |
3.3 Ship-Owners’ Liability and Limitation of Liability for Cargo Damages | 425 |
3.4 Misdeclaration of Cargo | 426 |
3.5 Time Bar for Filing Claims for Damaged or Lost Cargo | 426 |
4. Maritime Liens and Ship Arrests | 426 |
4.1 Ship Arrests | 426 |
4.2 Maritime Liens | 427 |
4.3 Liability in Personam for Owners or Demise Charterers | 427 |
4.4 Unpaid Bunkers | 427 |
4.5 Arresting a Vessel | 428 |
4.6 Arresting Bunkers and Freight | 428 |
4.7 Sister-Ship Arrest | 428 |
4.8 Other Ways of Obtaining Attachment Orders | 428 |
4.9 Releasing an Arrested Vessel | 428 |
4.10 Procedure for the Judicial Sale of Arrested Ships | 428 |
4.11 Insolvency Laws Applied by Maritime Courts | 429 |
4.12 Damages in the Event of Wrongful Arrest of a Vessel | 429 |
5. Passenger Claims | 429 |
5.1 Laws and Conventions Applicable to the Resolution of Passenger Claims | 429 |
6. Enforcement of Law and Jurisdiction and Arbitration Clauses | 430 |
6.1 Enforcement of Law and Jurisdiction Clauses Stated in Bills of Lading | 430 |
6.2 Enforcement of Law and Arbitration Clauses Incorporated Into a Bill of Lading | 430 |
6.3 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards | 430 |
6.4 Arrest of Vessels Subject to Foreign Arbitration or Jurisdiction | 431 |
6.5 Domestic Arbitration Institutes | 431 |
6.6 Remedies Where Proceedings Are Commenced in Breach of Foreign Jurisdiction or Arbitration Clauses | 431 |
7. Ship-Owners’ Income Tax Relief | 431 |
7.1 Exemptions or Tax Reliefs on the Income of Ship-Owners’ Companies | 431 |
8. Implications of Non-Performance, the IMO 2020, Trade Sanctions and the War in Ukraine | 432 |
8.1 Force Majeure and Frustration | 432 |
8.2 Enforcement of the IMO 2020 Rule Relating to Limitation on the Sulphur Content of Fuel Oil | 432 |
8.3 Trade Sanctions | 433 |
8.4 International Conflict(s) | 433 |
9. Additional Maritime or Shipping Issues | 434 |
9.1 Other Jurisdiction-Specific Shipping and Maritime Issues | 434 |
1. Maritime and Shipping Legislation and Regulation | 445 |
1.1 Domestic Laws Establishing the Authorities of the Maritime and Shipping Courts | 445 |
1.2 Port State Control | 445 |
1.3 Domestic Legislation Applicable to Ship Registration | 446 |
1.4 Requirements for Ownership of Vessels | 446 |
1.5 Temporary Registration of Vessels | 446 |
1.6 Registration of Mortgages | 447 |
1.7 Ship Ownership and Mortgages Registry | 448 |
2. Marine Casualties and Owners’ Liability | 448 |
2.1 International Conventions: Pollution and Wreck Removal | 448 |
2.2 International Conventions: Collision and Salvage | 448 |
2.3 1976 Convention on Limitation of Liability for Maritime Claims | 448 |
2.4 Procedure and Requirements for Establishing a Limitation Fund | 449 |
2.5 Seafarers’ Safety and Owners’ Liability | 450 |
3. Cargo Claims | 450 |
3.1 Bills of Lading | 450 |
3.2 Title to Sue on a Bill of Lading | 450 |
3.3 Ship-Owners’ Liability and Limitation of Liability for Cargo Damages | 451 |
3.4 Misdeclaration of Cargo | 451 |
3.5 Time Bar for Filing Claims for Damaged or Lost Cargo | 451 |
4. Maritime Liens and Ship Arrests | 451 |
4.1 Ship Arrests | 451 |
4.2 Maritime Liens | 451 |
4.3 Liability in Personam for Owners or Demise Charterers | 452 |
4.4 Unpaid Bunkers | 452 |
4.5 Arresting a Vessel | 452 |
4.6 Arresting Bunkers and Freight | 453 |
4.7 Sister-Ship Arrest | 454 |
4.8 Other Ways of Obtaining Attachment Orders | 454 |
4.9 Releasing an Arrested Vessel | 454 |
4.10 Procedure for the Judicial Sale of Arrested Ships | 455 |
4.11 Insolvency Laws Applied by Maritime Courts | 456 |
4.12 Damages in the Event of Wrongful Arrest of a Vessel | 456 |
5. Passenger Claims | 456 |
5.1 Laws and Conventions Applicable to the Resolution of Passenger Claims | 456 |
6. Enforcement of Law and Jurisdiction and Arbitration Clauses | 457 |
6.1 Enforcement of Law and Jurisdiction Clauses Stated in Bills of Lading | 457 |
6.2 Enforcement of Law and Arbitration Clauses Incorporated Into a Bill of Lading | 457 |
6.3 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards | 457 |
6.4 Arrest of Vessels Subject to Foreign Arbitration or Jurisdiction | 457 |
6.5 Domestic Arbitration Institutes | 457 |
6.6 Remedies Where Proceedings Are Commenced in Breach of Foreign Jurisdiction or Arbitration Clauses | 458 |
7. Ship-Owners’ Income Tax Relief | 458 |
7.1 Exemptions or Tax Reliefs on the Income of Ship-Owners’ Companies | 458 |
8. Implications of Non-Performance, the IMO 2020, Trade Sanctions and the War in Ukraine | 458 |
8.1 Force Majeure and Frustration | 458 |
8.2 Enforcement of the IMO 2020 Rule Relating to Limitation on the Sulphur Content of Fuel Oil | 458 |
8.3 Trade Sanctions | 459 |
8.4 International Conflict(s) | 459 |
9. Additional Maritime or Shipping Issues | 459 |
9.1 Other Jurisdiction-Specific Shipping and Maritime Issues | 459 |
1. Maritime and Shipping Legislation and Regulation | 464 |
1.1 Domestic Laws Establishing the Authorities of the Maritime and Shipping Courts | 464 |
1.2 Port State Control | 464 |
1.3 Domestic Legislation Applicable to Ship Registration | 465 |
1.4 Requirements for Ownership of Vessels | 465 |
1.5 Temporary Registration of Vessels | 465 |
1.6 Registration of Mortgages | 465 |
1.7 Ship Ownership and Mortgages Registry | 465 |
2. Marine Casualties and Owners’ Liability | 465 |
2.1 International Conventions: Pollution and Wreck Removal | 465 |
2.2 International Conventions: Collision and Salvage | 466 |
2.3 1976 Convention on Limitation of Liability for Maritime Claims | 466 |
2.4 Procedure and Requirements for Establishing a Limitation Fund | 466 |
2.5 Seafarers’ Safety and Owners’ Liability | 466 |
3. Cargo Claims | 467 |
3.1 Bills of Lading | 467 |
3.2 Title to Sue on a Bill of Lading | 467 |
3.3 Ship-Owners’ Liability and Limitation of Liability for Cargo Damages | 467 |
3.4 Misdeclaration of Cargo | 467 |
3.5 Time Bar for Filing Claims for Damaged or Lost Cargo | 468 |
4. Maritime Liens and Ship Arrests | 468 |
4.1 Ship Arrests | 468 |
4.2 Maritime Liens | 468 |
4.3 Liability in Personam for Owners or Demise Charterers | 469 |
4.4 Unpaid Bunkers | 469 |
4.5 Arresting a Vessel | 469 |
4.6 Arresting Bunkers and Freight | 470 |
4.7 Sister-Ship Arrest | 470 |
4.8 Other Ways of Obtaining Attachment Orders | 470 |
4.9 Releasing an Arrested Vessel | 470 |
4.10 Procedure for the Judicial Sale of Arrested Ships | 471 |
4.11 Insolvency Laws Applied by Maritime Courts | 471 |
4.12 Damages in the Event of Wrongful Arrest of a Vessel | 471 |
5. Passenger Claims | 472 |
5.1 Laws and Conventions Applicable to the Resolution of Passenger Claims | 472 |
6. Enforcement of Law and Jurisdiction and Arbitration Clauses | 472 |
6.1 Enforcement of Law and Jurisdiction Clauses Stated in Bills of Lading | 472 |
6.2 Enforcement of Law and Arbitration Clauses Incorporated Into a Bill of Lading | 472 |
6.3 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards | 472 |
6.4 Arrest of Vessels Subject to Foreign Arbitration or Jurisdiction | 472 |
6.5 Domestic Arbitration Institutes | 473 |
6.6 Remedies Where Proceedings Are Commenced in Breach of Foreign Jurisdiction or Arbitration Clauses | 473 |
7. Ship-Owners’ Income Tax Relief | 473 |
7.1 Exemptions or Tax Reliefs on the Income of Ship-Owners’ Companies | 473 |
8. Implications of Non-Performance, the IMO 2020, Trade Sanctions and the War in Ukraine | 473 |
8.1 Force Majeure and Frustration | 473 |
8.2 Enforcement of the IMO 2020 Rule Relating to Limitation on the Sulphur Content of Fuel Oil | 474 |
8.3 Trade Sanctions | 474 |
8.4 International Conflict(s) | 474 |
9. Additional Maritime or Shipping Issues | 474 |
9.1 Other Jurisdiction-Specific Shipping and Maritime Issues | 474 |
1. Maritime and Shipping Legislation and Regulation | 486 |
1.1 Domestic Laws Establishing the Authorities of the Maritime and Shipping Courts | 486 |
1.2 Port State Control | 486 |
1.3 Domestic Legislation Applicable to Ship Registration | 486 |
1.4 Requirements for Ownership of Vessels | 486 |
1.5 Temporary Registration of Vessels | 487 |
1.6 Registration of Mortgages | 487 |
1.7 Ship Ownership and Mortgages Registry | 487 |
2. Marine Casualties and Owners’ Liability | 487 |
2.1 International Conventions: Pollution and Wreck Removal | 487 |
2.2 International Conventions: Collision and Salvage | 488 |
2.3 1976 Convention on Limitation of Liability for Maritime Claims | 488 |
2.4 Procedure and Requirements for Establishing a Limitation Fund | 488 |
2.5 Seafarers’ Safety and Owners’ Liability | 489 |
3. Cargo Claims | 489 |
3.1 Bills of Lading | 489 |
3.2 Title to Sue on a Bill of Lading | 490 |
3.3 Ship-Owners’ Liability and Limitation of Liability for Cargo Damages | 490 |
3.4 Misdeclaration of Cargo | 490 |
3.5 Time Bar for Filing Claims for Damaged or Lost Cargo | 491 |
4. Maritime Liens and Ship Arrests | 491 |
4.1 Ship Arrests | 491 |
4.2 Maritime Liens | 491 |
4.3 Liability in Personam for Owners or Demise Charterers | 491 |
4.4 Unpaid Bunkers | 491 |
4.5 Arresting a Vessel | 492 |
4.6 Arresting Bunkers and Freight | 492 |
4.7 Sister-Ship Arrest | 492 |
4.8 Other Ways of Obtaining Attachment Orders | 492 |
4.9 Releasing an Arrested Vessel | 493 |
4.10 Procedure for the Judicial Sale of Arrested Ships | 493 |
4.11 Insolvency Laws Applied by Maritime Courts | 493 |
4.12 Damages in the Event of Wrongful Arrest of a Vessel | 494 |
5. Passenger Claims | 494 |
5.1 Laws and Conventions Applicable to the Resolution of Passenger Claims | 494 |
6. Enforcement of Law and Jurisdiction and Arbitration Clauses | 495 |
6.1 Enforcement of Law and Jurisdiction Clauses Stated in Bills of Lading | 495 |
6.2 Enforcement of Law and Arbitration Clauses Incorporated Into a Bill of Lading | 495 |
6.3 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards | 496 |
6.4 Arrest of Vessels Subject to Foreign Arbitration or Jurisdiction | 496 |
6.5 Domestic Arbitration Institutes | 496 |
6.6 Remedies Where Proceedings Are Commenced in Breach of Foreign Jurisdiction or Arbitration Clauses | 496 |
7. Ship-Owners’ Income Tax Relief | 497 |
7.1 Exemptions or Tax Reliefs on the Income of Ship-Owners’ Companies | 497 |
8. Implications of Non-Performance, the IMO 2020, Trade Sanctions and the War in Ukraine | 497 |
8.1 Force Majeure and Frustration | 497 |
8.2 Enforcement of the IMO 2020 Rule Relating to Limitation on the Sulphur Content of Fuel Oil | 498 |
8.3 Trade Sanctions | 498 |
8.4 International Conflict(s) | 499 |
9. Additional Maritime or Shipping Issues | 499 |
9.1 Other Jurisdiction-Specific Shipping and Maritime Issues | 499 |
1. Maritime and Shipping Legislation and Regulation | 503 |
1.1 Domestic Laws Establishing the Authorities of the Maritime and Shipping Courts | 503 |
1.2 Port State Control | 503 |
1.3 Domestic Legislation Applicable to Ship Registration | 503 |
1.4 Requirements for Ownership of Vessels | 504 |
1.5 Temporary Registration of Vessels | 504 |
1.6 Registration of Mortgages | 504 |
1.7 Ship Ownership and Mortgages Registry | 504 |
2. Marine Casualties and Owners’ Liability | 504 |
2.1 International Conventions: Pollution and Wreck Removal | 504 |
2.2 International Conventions: Collision and Salvage | 505 |
2.3 1976 Convention on Limitation of Liability for Maritime Claims | 505 |
2.4 Procedure and Requirements for Establishing a Limitation Fund | 505 |
2.5 Seafarers’ Safety and Owners’ Liability | 505 |
3. Cargo Claims | 506 |
3.1 Bills of Lading | 506 |
3.2 Title to Sue on a Bill of Lading | 506 |
3.3 Ship-Owners’ Liability and Limitation of Liability for Cargo Damages | 506 |
3.4 Misdeclaration of Cargo | 506 |
3.5 Time Bar for Filing Claims for Damaged or Lost Cargo | 506 |
4. Maritime Liens and Ship Arrests | 507 |
4.1 Ship Arrests | 507 |
4.2 Maritime Liens | 507 |
4.3 Liability in Personam for Owners or Demise Charterers | 508 |
4.4 Unpaid Bunkers | 508 |
4.5 Arresting a Vessel | 509 |
4.6 Arresting Bunkers and Freight | 510 |
4.7 Sister-Ship Arrest | 510 |
4.8 Other Ways of Obtaining Attachment Orders | 510 |
4.9 Releasing an Arrested Vessel | 510 |
4.10 Procedure for the Judicial Sale of Arrested Ships | 511 |
4.11 Insolvency Laws Applied by Maritime Courts | 512 |
4.12 Damages in the Event of Wrongful Arrest of a Vessel | 512 |
5. Passenger Claims | 512 |
5.1 Laws and Conventions Applicable to the Resolution of Passenger Claims | 512 |
6. Enforcement of Law and Jurisdiction and Arbitration Clauses | 513 |
6.1 Enforcement of Law and Jurisdiction Clauses Stated in Bills of Lading | 513 |
6.2 Enforcement of Law and Arbitration Clauses Incorporated Into a Bill of Lading | 513 |
6.3 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards | 513 |
6.4 Arrest of Vessels Subject to Foreign Arbitration or Jurisdiction | 513 |
6.5 Domestic Arbitration Institutes | 514 |
6.6 Remedies Where Proceedings Are Commenced in Breach of Foreign Jurisdiction or Arbitration Clauses | 514 |
7. Ship-Owners’ Income Tax Relief | 514 |
7.1 Exemptions or Tax Reliefs on the Income of Ship-Owners’ Companies | 514 |
8. Implications of Non-Performance, the IMO 2020, Trade Sanctions and the War in Ukraine | 514 |
8.1 Force Majeure and Frustration | 514 |
8.2 Enforcement of the IMO 2020 Rule Relating to Limitation on the Sulphur Content of Fuel Oil | 515 |
8.3 Trade Sanctions | 515 |
8.4 International Conflict(s) | 515 |
9. Additional Maritime or Shipping Issues | 515 |
9.1 Other Jurisdiction-Specific Shipping and Maritime Issues | 515 |
1. Maritime and Shipping Legislation and Regulation | 528 |
1.1 Domestic Laws Establishing the Authorities of the Maritime and Shipping Courts | 528 |
1.2 Port State Control | 528 |
1.3 Domestic Legislation Applicable to Ship Registration | 529 |
1.4 Requirements for Ownership of Vessels | 530 |
1.5 Temporary Registration of Vessels | 530 |
1.6 Registration of Mortgages | 530 |
1.7 Ship Ownership and Mortgages Registry | 530 |
2. Marine Casualties and Owners’ Liability | 531 |
2.1 International Conventions: Pollution and Wreck Removal | 531 |
2.2 International Conventions: Collision and Salvage | 531 |
2.3 1976 Convention on Limitation of Liability for Maritime Claims | 531 |
2.4 Procedure and Requirements for Establishing a Limitation Fund | 531 |
2.5 Seafarers’ Safety and Owners’ Liability | 532 |
3. Cargo Claims | 532 |
3.1 Bills of Lading | 532 |
3.2 Title to Sue on a Bill of Lading | 532 |
3.3 Ship-Owners’ Liability and Limitation of Liability for Cargo Damages | 532 |
3.4 Misdeclaration of Cargo | 533 |
3.5 Time Bar for Filing Claims for Damaged or Lost Cargo | 533 |
4. Maritime Liens and Ship Arrests | 533 |
4.1 Ship Arrests | 533 |
4.2 Maritime Liens | 533 |
4.3 Liability in Personam for Owners or Demise Charterers | 535 |
4.4 Unpaid Bunkers | 535 |
4.5 Arresting a Vessel | 536 |
4.6 Arresting Bunkers and Freight | 536 |
4.7 Sister-Ship Arrest | 536 |
4.8 Other Ways of Obtaining Attachment Orders | 536 |
4.9 Releasing an Arrested Vessel | 537 |
4.10 Procedure for the Judicial Sale of Arrested Ships | 537 |
4.11 Insolvency Laws Applied by Maritime Courts | 538 |
4.12 Damages in the Event of Wrongful Arrest of a Vessel | 539 |
5. Passenger Claims | 539 |
5.1 Laws and Conventions Applicable to the Resolution of Passenger Claims | 539 |
6. Enforcement of Law and Jurisdiction and Arbitration Clauses | 541 |
6.1 Enforcement of Law and Jurisdiction Clauses Stated in Bills of Lading | 541 |
6.2 Enforcement of Law and Arbitration Clauses Incorporated Into a Bill of Lading | 542 |
6.3 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards | 542 |
6.4 Arrest of Vessels Subject to Foreign Arbitration or Jurisdiction | 542 |
6.5 Domestic Arbitration Institutes | 542 |
6.6 Remedies Where Proceedings Are Commenced in Breach of Foreign Jurisdiction or Arbitration Clauses | 543 |
7. Ship-Owners’ Income Tax Relief | 543 |
7.1 Exemptions or Tax Reliefs on the Income of Ship-Owners’ Companies | 543 |
8. Implications of Non-Performance, the IMO 2020, Trade Sanctions and the War in Ukraine | 544 |
8.1 Force Majeure and Frustration | 544 |
8.2 Enforcement of the IMO 2020 Rule Relating to Limitation on the Sulphur Content of Fuel Oil | 544 |
8.3 Trade Sanctions | 545 |
8.4 International Conflict(s) | 545 |
9. Additional Maritime or Shipping Issues | 545 |
9.1 Other Jurisdiction-Specific Shipping and Maritime Issues | 545 |
1. Maritime and Shipping Legislation and Regulation | 557 |
1.1 Domestic Laws Establishing the Authorities of the Maritime and Shipping Courts | 557 |
1.2 Port State Control | 557 |
1.3 Domestic Legislation Applicable to Ship Registration | 557 |
1.4 Requirements for Ownership of Vessels | 557 |
1.5 Temporary Registration of Vessels | 557 |
1.6 Registration of Mortgages | 557 |
1.7 Ship Ownership and Mortgages Registry | 557 |
2. Marine Casualties and Owners’ Liability | 558 |
2.1 International Conventions: Pollution and Wreck Removal | 558 |
2.2 International Conventions: Collision and Salvage | 558 |
2.3 1976 Convention on Limitation of Liability for Maritime Claims | 559 |
2.4 Procedure and Requirements for Establishing a Limitation Fund | 559 |
2.5 Seafarers’ Safety and Owners’ Liability | 559 |
3. Cargo Claims | 559 |
3.1 Bills of Lading | 559 |
3.2 Title to Sue on a Bill of Lading | 560 |
3.3 Ship-Owners’ Liability and Limitation of Liability for Cargo Damages | 560 |
3.4 Misdeclaration of Cargo | 561 |
3.5 Time Bar for Filing Claims for Damaged or Lost Cargo | 561 |
4. Maritime Liens and Ship Arrests | 561 |
4.1 Ship Arrests | 561 |
4.2 Maritime Liens | 561 |
4.3 Liability in Personam for Owners or Demise Charterers | 562 |
4.4 Unpaid Bunkers | 562 |
4.5 Arresting a Vessel | 563 |
4.6 Arresting Bunkers and Freight | 563 |
4.7 Sister-Ship Arrest | 563 |
4.8 Other Ways of Obtaining Attachment Orders | 563 |
4.9 Releasing an Arrested Vessel | 563 |
4.10 Procedure for the Judicial Sale of Arrested Ships | 564 |
4.11 Insolvency Laws Applied by Maritime Courts | 564 |
4.12 Damages in the Event of Wrongful Arrest of a Vessel | 565 |
5. Passenger Claims | 565 |
5.1 Laws and Conventions Applicable to the Resolution of Passenger Claims | 565 |
6. Enforcement of Law and Jurisdiction and Arbitration Clauses | 565 |
6.1 Enforcement of Law and Jurisdiction Clauses Stated in Bills of Lading | 565 |
6.2 Enforcement of Law and Arbitration Clauses Incorporated Into a Bill of Lading | 566 |
6.3 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards | 566 |
6.4 Arrest of Vessels Subject to Foreign Arbitration or Jurisdiction | 566 |
6.5 Domestic Arbitration Institutes | 566 |
6.6 Remedies Where Proceedings Are Commenced in Breach of Foreign Jurisdiction or Arbitration Clauses | 566 |
7. Ship-Owners’ Income Tax Relief | 567 |
7.1 Exemptions or Tax Reliefs on the Income of Ship-Owners’ Companies | 567 |
8. Implications of Non-Performance, the IMO 2020, Trade Sanctions and the War in Ukraine | 567 |
8.1 Force Majeure and Frustration | 567 |
8.2 Enforcement of the IMO 2020 Rule Relating to Limitation on the Sulphur Content of Fuel Oil | 567 |
8.3 Trade Sanctions | 567 |
8.4 International Conflict(s) | 568 |
9. Additional Maritime or Shipping Issues | 569 |
9.1 Other Jurisdiction-Specific Shipping and Maritime Issues | 569 |
1. Maritime and Shipping Legislation and Regulation | 573 |
1.1 Domestic Laws Establishing the Authorities of the Maritime and Shipping Courts | 573 |
1.2 Port State Control | 573 |
1.3 Domestic Legislation Applicable to Ship Registration | 574 |
1.4 Requirements for Ownership of Vessels | 574 |
1.5 Temporary Registration of Vessels | 575 |
1.6 Registration of Mortgages | 575 |
1.7 Ship Ownership and Mortgages Registry | 575 |
2. Marine Casualties and Owners’ Liability | 576 |
2.1 International Conventions: Pollution and Wreck Removal | 576 |
2.2 International Conventions: Collision and Salvage | 576 |
2.3 1976 Convention on Limitation of Liability for Maritime Claims | 577 |
2.4 Procedure and Requirements for Establishing a Limitation Fund | 577 |
2.5 Seafarers’ Safety and Owners’ Liability | 579 |
3. Cargo Claims | 579 |
3.1 Bills of Lading | 579 |
3.2 Title to Sue on a Bill of Lading | 579 |
3.3 Ship-Owners’ Liability and Limitation of Liability for Cargo Damages | 579 |
3.4 Misdeclaration of Cargo | 580 |
3.5 Time Bar for Filing Claims for Damaged or Lost Cargo | 580 |
4. Maritime Liens and Ship Arrests | 580 |
4.1 Ship Arrests | 580 |
4.2 Maritime Liens | 580 |
4.3 Liability in Personam for Owners or Demise Charterers | 582 |
4.4 Unpaid Bunkers | 582 |
4.5 Arresting a Vessel | 583 |
4.6 Arresting Bunkers and Freight | 583 |
4.7 Sister-Ship Arrest | 583 |
4.8 Other Ways of Obtaining Attachment Orders | 584 |
4.9 Releasing an Arrested Vessel | 584 |
4.10 Procedure for the Judicial Sale of Arrested Ships | 584 |
4.11 Insolvency Laws Applied by Maritime Courts | 586 |
4.12 Damages in the Event of Wrongful Arrest of a Vessel | 587 |
5. Passenger Claims | 587 |
5.1 Laws and Conventions Applicable to the Resolution of Passenger Claims | 587 |
6. Enforcement of Law and Jurisdiction and Arbitration Clauses | 587 |
6.1 Enforcement of Law and Jurisdiction Clauses Stated in Bills of Lading | 587 |
6.2 Enforcement of Law and Arbitration Clauses Incorporated Into a Bill of Lading | 588 |
6.3 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards | 589 |
6.4 Arrest of Vessels Subject to Foreign Arbitration or Jurisdiction | 589 |
6.5 Domestic Arbitration Institutes | 589 |
6.6 Remedies Where Proceedings Are Commenced in Breach of Foreign Jurisdiction or Arbitration Clauses | 590 |
7. Ship-Owners’ Income Tax Relief | 590 |
7.1 Exemptions or Tax Reliefs on the Income of Ship-Owners’ Companies | 590 |
8. Implications of Non-Performance, the IMO 2020, Trade Sanctions and the War in Ukraine | 591 |
8.1 Force Majeure and Frustration | 591 |
8.2 Enforcement of the IMO 2020 Rule Relating to Limitation on the Sulphur Content of Fuel Oil | 591 |
8.3 Trade Sanctions | 592 |
8.4 International Conflict(s) | 592 |
9. Additional Maritime or Shipping Issues | 592 |
9.1 Other Jurisdiction-Specific Shipping and Maritime Issues | 592 |
1. Maritime and Shipping Legislation and Regulation | 597 |
1.1 Domestic Laws Establishing the Authorities of the Maritime and Shipping Courts | 597 |
1.2 Port State Control | 597 |
1.3 Domestic Legislation Applicable to Ship Registration | 597 |
1.4 Requirements for Ownership of Vessels | 598 |
1.5 Temporary Registration of Vessels | 598 |
1.6 Registration of Mortgages | 598 |
1.7 Ship Ownership and Mortgages Registry | 598 |
2. Marine Casualties and Owners’ Liability | 599 |
2.1 International Conventions: Pollution and Wreck Removal | 599 |
2.2 International Conventions: Collision and Salvage | 599 |
2.3 1976 Convention on Limitation of Liability for Maritime Claims | 600 |
2.4 Procedure and Requirements for Establishing a Limitation Fund | 600 |
2.5 Seafarers’ Safety and Owners’ Liability | 600 |
3. Cargo Claims | 601 |
3.1 Bills of Lading | 601 |
3.2 Title to Sue on a Bill of Lading | 601 |
3.3 Ship-Owners’ Liability and Limitation of Liability for Cargo Damages | 601 |
3.4 Misdeclaration of Cargo | 601 |
3.5 Time Bar for Filing Claims for Damaged or Lost Cargo | 601 |
4. Maritime Liens and Ship Arrests | 602 |
4.1 Ship Arrests | 602 |
4.2 Maritime Liens | 602 |
4.3 Liability in Personam for Owners or Demise Charterers | 602 |
4.4 Unpaid Bunkers | 602 |
4.5 Arresting a Vessel | 603 |
4.6 Arresting Bunkers and Freight | 603 |
4.7 Sister-Ship Arrest | 603 |
4.8 Other Ways of Obtaining Attachment Orders | 603 |
4.9 Releasing an Arrested Vessel | 603 |
4.10 Procedure for the Judicial Sale of Arrested Ships | 604 |
4.11 Insolvency Laws Applied by Maritime Courts | 604 |
4.12 Damages in the Event of Wrongful Arrest of a Vessel | 604 |
5. Passenger Claims | 605 |
5.1 Laws and Conventions Applicable to the Resolution of Passenger Claims | 605 |
6. Enforcement of Law and Jurisdiction and Arbitration Clauses | 605 |
6.1 Enforcement of Law and Jurisdiction Clauses Stated in Bills of Lading | 605 |
6.2 Enforcement of Law and Arbitration Clauses Incorporated Into a Bill of Lading | 606 |
6.3 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards | 606 |
6.4 Arrest of Vessels Subject to Foreign Arbitration or Jurisdiction | 606 |
6.5 Domestic Arbitration Institutes | 606 |
6.6 Remedies Where Proceedings Are Commenced in Breach of Foreign Jurisdiction or Arbitration Clauses | 607 |
7. Ship-Owners’ Income Tax Relief | 607 |
7.1 Exemptions or Tax Reliefs on the Income of Ship-Owners’ Companies | 607 |
8. Implications of Non-Performance, the IMO 2020, Trade Sanctions and the War in Ukraine | 607 |
8.1 Force Majeure and Frustration | 607 |
8.2 Enforcement of the IMO 2020 Rule Relating to Limitation on the Sulphur Content of Fuel Oil | 608 |
8.3 Trade Sanctions | 608 |
8.4 International Conflict(s) | 610 |
9. Additional Maritime or Shipping Issues | 610 |
9.1 Other Jurisdiction-Specific Shipping and Maritime Issues | 610 |
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