Shipping Australia takes action to support DPWA

Pictured: a statue of Lady Justice – a personification of the moral force in judicial systems and of justice itself; photo credit Jessica45 from Pixabay

Late yesterday, Shipping Australia filed a statement at the Fair Work Commission in support of DP World Australia’s application to terminate protected industrial action on the grounds of significant harm to the economy.

Extensive industrial action across the waterfront is a matter of importance to the shipping industry as the increased costs and...

https://shippingaustralia.com.au/shipping-australia-takes-action-to-support-dpwa/

Court decides that agent’s clean bill of lading not a warranty

A recent High Court decision, has decided that where an agent presents a clean bill of lading to the Master for signing, this is not a warranty to the Master that the cargo is actually in good order and condition.

The “Tai Prize” was time chartered to Noble, who in turn voyage chartered her to Priminds for a voyage from Brazil to China with a cargo of soybeans. Clean bills of lading were issued for the cargo.

The B/L was executed by agents on behalf of the master without any reservations, stating...

https://safety4sea.com/court-decides-that-agents-clean-bill-of-lading-not-a-warranty/

Owner of Stellar Daisy fined $12,426, Korean prosecutors appeal judgement

Following news that the owner of the ill-fated Stellar Daisy was found guilty over the bulk carrier’s sinking, the Busan District Prosecutors’ Office plans to appeal to a higher court, seeking greater punishments for those involved in the tragic incident.

The VLOC ‘Stellar Daisy’ sank in March 2017 in the South Atlantic, off Uruguay, while carrying ore from Brazil to China, killing 22 of the 24 crew members onboard. Only two Filipino nationals survived.

The first trial took place last year, when...

https://safety4sea.com/owner-of-stellar-daisy-fined-12426-korean-prosecutors-appeal-judgement/

Peterhead Sheriff Court fines skipper for harassment

According to the Peterhead Sheriff’s Court, a Scottish skipper has been found guilty for assaulting and racially-aggravating harassment upon five non-European crewmemebes, during a six-year period.

Specifically, the 59-year-old Scottish skipper admitted to racially harassing the above-mentioned personnel on various occasions among August 2013 and August 2019.

Earlier this month, Peterhead Sheriff Court decided to fine the fishery’s captain with £2.000 for the harassment charges and a further...

https://safety4sea.com/peterhead-sheriff-court-fines-skipper-for-harassment/

Greenpeace loses the battle against Arctic oil drilling

After the environmental groups Greenpeace and Nature and Youth taken legal action against the Norwegian government in an attempt to stop oil drilling in Norway’s Arctic waters back in 2018, an Oslo appeals court recently approved Norway’s plans for more oil exploration in the Arctic.

That means that Greenpeace lost the battle of stopping Norway from granting permission for oil drilling exploration in the Arctic sea.

According to Reuters, appeals court, in a unanimous verdict officially accepted...

https://safety4sea.com/greenpeace-loses-the-battle-against-arctic-oil-drilling/

Italy court rejects charges against German rescue captain

The Supreme Court of Cassation in Italy confirmed that the German captain of a migrant-rescue ship, should never have been arrested. Specifically, the Master of “MV Sea Watch 3”, Carola Rackete, was arrested on 29 June 2019 by Italian authorities for helping and abetting illegal immigration and for forcing her way into the port of Lampedusa.

Ms Rackete, was carrying on board 42 rescued migrants when allegedly collided with an Italian police vessel while docking, resulting to her arrest.

For her...

https://safety4sea.com/italy-court-rejects-charges-against-german-rescue-captain/

Samsung Heavy likely to receive compensation over drill ship cancellation

South Korean shipbuilder Samsung Heavy Industries Co. has won an arbitration case against Pacific Drilling VIII Ltd. (PDC) over a drill ship order cancellation in 2013. The shipbuilder is now likely to receive US$318 million in compensation over this case.

A tribunal in London on Wednesday favored the shipbuilder’s claims against Pacific Drilling VIII Ltd. (PDC), a subsidiary of US-based Pacific Drilling S.A., regarding the contract cancellation for the Pacific Zonda drill ship, according to...

https://safety4sea.com/samsung-heavy-likely-to-receive-compensation-over-drill-ship-cancellation/

Danish company and its CEO face charges over alleged EU sanctions violations

A Danish Court has recently revealed that Bunker Holding, the marine fuels group, together with its CEO have been charged in relation to an investigation into alleged jet fuel trading in Syria that may have breached EU sanctions.

Namely, Dan-Bunkering, the group’s subsidiary was charged in the case, which centers on a cargo of jet fuel that may have ended up being used for Russian military operations in Syria in September.

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Last September, Dan-Bunkering was...

https://safety4sea.com/danish-company-and-its-ceo-face-charges-over-alleged-eu-sanctions-violations/

English Court clears owners’ obligations in cargo damage

The Standard Club provides the case of a ruling made by the English Commercial Court concerning Alianca Navegacao e Logistica Ltda v Ameropa SA (The Santa Isabella) [2019] vessel which arrived at the port of destination with damaged cargo.

This case provides useful guidance to parties involved in the bulk cargo trade, as:

  1. the legal test for a usual and customary route;
  2. owners’ obligation to ventilate and care for cargo.

Facts

Alianca, the disponent owner of the bulk carrier Santa Isabella,...

https://safety4sea.com/english-court-clears-owners-obligations-in-cargo-damage/

Bangladesh Court denounces 2016 Maersk’s FPSO illegal beaching

The High Court of the Supreme Court of Bangladesh declared the import, beaching and breaking of the FPSO North Sea Producer illegal, following the NGO’s Shipbreaking Platform member organisation Bangladesh Environmental Lawyers Association (BELA) Public Interest Litigation against the producer.

Accordingly, the Court decided on November 14 that the Producer was conducting illegal operations, violating national and international laws of the shipbreaking industry.

Therefore, the Court passed a...

https://safety4sea.com/bangladesh-court-denounces-2016-maersks-fpso-illegal-beaching/

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