Earlier this month i.e. on 17 January 2020, India has finally issued gazette notification declaring United Arab Emirates (UAE) as a “reciprocating territory” for the purposes of section 44-A of the Code of Civil Procedure, 1908 “CPC / the Code” in short section 44-A of the CPC deals with execution of decrees passed by Courts […]
Modern practice has seen the emergence of various schemes whereby the owner of a vessel entrusts her management to a manager, who undertakes the technical management of her. Such management involves maintenance, supplying and crewing of the vessel. Another alternative is the agreement for technical and commercial management, which also includes chartering of the vessel, […]
A seafarer was employed on board an Italian flag vessel, time-chartered by her Italian shipowner to a Greek charterer. The contract of employment was between the shipowner and the seafarer. Greek collective agreement applied and charterer’s accounting department was processing and clearing payments to the seafarer. The latter filed a lawsuit against charterer, claiming labour […]
The contributions paid by the shipowner to the Greek Seamen Pension Fund (NAT) form part of the seafarer’s salary. Accordingly, in a claim for seafarer wages, the shipowner/ employer can propose amounts contributed to NAT in set-off of the amounts sought. Piraeus One-Membered Court of Appeal, Judgment no 100/2018, Judge: M. Papadogrigorakou, Attorneys at law: […]
IR Global, the world’s largest exclusive network of advisory firms is delighted to introduce Gautam Bhatikar of Legasis Partners. Gautam has joined IR as our exclusive Maritime Law Member in India. Gautam is a Senior Partner and head of Maritime and Commercial disputes practice in the Firm and his areas of expertise include Offshore, Maritime and […]
In a collision in Greek territorial waters, the Brussels International Treaty 1911 applied. The Treaty provides for the limitation of liability of a liable party, through the creation of a liability fund. This is established with the Court or any other competent authority, in a state where a lawsuit is filed for claims which are […]
INTRODUCTION:Arbitration is a private dispute resolution mechanism.1 It is contractual and an expression of parties’ autonomy. Consent to arbitrate is the foundation of arbitration and the subsequent enforcement of an arbitral award.2 It is the consent expressed in the arbitration agreement that confers validity on the arbitral proceedings and enforcement of the subsequent arbitral award. Parties […]
A yacht was insured through the intervention of insurance brokers. During the life of the insurance contract, the owners changed their name to reflect the fact the shareholding had changed, and they now had a sole partner. This was not notified to the underwriters. The yacht was lost due to an engine fire. The owners […]
Dear all, We are pleased to share with you our trimestrial Newsletter, referring to recent legal developments in areas of interest. We hope you will find the information contained therein of use. Please click here to view/read the full article.
Through a charter party, the shipowner undertakes, in its own name, to carry the goods by sea, using a vessel to do so. The charterer is the shipper of the goods and his part of the contract is to pay the agreed freight. The contract for the carriage of goods is evidenced also by the […]
In damage of equipment, underwriters paid the insured party and sued the carrier for the damages, being subrogated to the cargo interests rights. The carriage was on the bill of lading terms and Hague Visby Rules applied, providing, inter alia, for a one-year time bar. The lawsuit by the underwrites having been filed at a […]
The maritime industry enjoys tax privileges for the participants in it. Dividends accrued from exploitation of a vessel ultimately owned by the company distributing dividends are tax-free, whereas dividends from broking activity are only 10% taxed. However, the scope of this privileged application was confined to the shareholders only, leaving stakeholders of the industry outside […]