Legal / Regulations

Legal Dispute Between Ship Owner & Charterers Ends

  • The Claimant, Alpha Marine Corp (the “Owners”) were the owners of the vessel MV Smart (the “Vessel”).
  • A dispute between the Owners and the Charterers arose out of the loss of the Vessel which was submitted to arbitration in accordance with the terms of the Charterparty.
  • After a hearing over three weeks in November 2019, the arbitral tribunal, namely Mr Simon Gault, Sir David Steel and Mr Lionel Persey QC (the “Tribunal”), issued its first partial award on 12 June 2020 (the “Award”).

A recent...

https://mfame.guru/legal-dispute-between-ship-owner-charterers-ends/

ILA Sues for $200m After Non-union Labour Makes Port Call

  • ILA sues after non-union labour unloads containers at new US terminal.
  • The lawsuit against Hapag-Lloyd AG and the United States Maritime Alliance was filed in the Superior Court of New Jersey.
  • The lawsuit specifically mentions the Yorktown Express, a Hapag-Lloyd containership, which was the first vessel to dock at the S.C. Ports Authority’s new North Charleston terminal on April 9.
  • The ILA appears to be using that ship as a test case for all of the ports and workers covered under the USMX...

https://mfame.guru/ila-sues-for-200m-after-non-union-labour-makes-port-call/

$25M Lawsuit Condemns Energy & Boat Firms in Fatal Capsizing

The offshore oil industry boat that overturned in a deadly Gulf of Mexico disaster last week was ordered to sea in dangerous conditions by an energy company that put “money over safety,” a pair of $25 million lawsuits assert, reports Star Advertiser.

Lawsuits filed by vessel crew

The lawsuits were filed in Texas state court in Houston by a lawyer for Hannah Daspit and Krista Vercher, both of Louisiana. Daspit’s husband, Dylan Daspit, and Vercher’s fiance, Jay Guevara, were among the 19 people...

https://mfame.guru/25m-lawsuit-condemns-energy-boat-firms-in-fatal-capsizing/

First Engineer of Cargo Tanker Convicted of Falsifying Records

  • A federal jury convicted Gilbert Fajardo Dela Cruz of aiding and abetting an environmental crime and obstruction of justice in connection with the intentional dumping.
  • This happened in February of 2019 of oily bilge water from a commercial tanker, announced Acting United States Attorney Stephanie M. Hinds.
  • The verdict follows a two-week trial before the Honorable Jon S. Tigar, U.S. District Judge.

A recent news report in the United States Department of Justice reveals that the first engineer...

https://mfame.guru/first-engineer-of-cargo-tanker-convicted-of-falsifying-records/

Industry Standard On In-Water Cleaning Submitted To IMO

The Industry standard on in-water cleaning with capture has been submitted to support IMO’s work on the review of the Guidelines for the control and management of ships’ biofouling to minimize the transfer of invasive aquatic species, reports BIMCO.

Setting a standard

BIMCO led an industry working group that has developed an industry standard on in-water cleaning with capture that was published in January 2021 [Shipping industry takes new step to protect marine environments]. The industry...

https://mfame.guru/industry-standard-on-in-water-cleaning-submitted-to-imo/

Size of Claim Likely To be Massive in Suez Blockade

  • Extensive litigation in multiple jurisdictions is likely to result from the unexpected closure of the Suez Canal in the wake of the Ever Given grounding.
  • As cargo interests seek to dispute the value of their claims, a US lawyer says.
  • John Ellison pointed out that many companies were impacted by the delay and rerouting of vessels, with up to 400 ships tailed back at one point.

A recent Lloyds List highlights how legal action from cargo interests against underwriters are expected in multiple...

https://mfame.guru/size-of-claim-likely-to-be-massive-in-suez-blockade/

Ever Given Seized Over Financial Disputes

Egyptian authorities impounded a massive cargo vessel that blocked the Suez Canal last month amid a financial dispute with its owner, the canal chief and a judicial official said Tuesday, reports AP News.

Compensation

Lt. Gen. Osama Rabie said the hulking Ever Given would not be allowed to leave the country until a compensation amount is settled on with the vessel’s Japanese owner, Shoei Kisen Kaisha Ltd.

“The vessel is now officially impounded,” he told Egypt’s state-run television late Monday.

https://mfame.guru/ever-given-seized-over-financial-disputes/

Grappling with IMO’s COLREGS and Vessels Crossing at Channel Entrances

Let us assume your tug is leaving port, outbound in a narrow channel a nautical mile or two from the exit, making 8 knots. You are complying withIMO’s collision regulations (COLREGS)narrow channel rule 9(a) and are sticking to the starboard side of the channel. You, however, observe a vessel to starboard moving very slowly but shaping to make a course across the entrance, reports riviera.

Turn to Port

It is clear that its intention is to pick up a pilot and enter the channel and that it will...

https://mfame.guru/grappling-with-imos-colregs-and-vessels-crossing-at-channel-entrances/

Ex-Glencore Trader Charged With Oil Price Manipulation

A former Glencore Plc trader was charged by U.S. authorities with conspiracy to manipulate a key oil price benchmark, the latest sign that prosecutors around the world are stepping up their scrutiny of the notoriously opaque commodity trading industry, says an article published in Bloomberg.

Federal Court’s Claim

U.S. prosecutors alleged that Emilio Heredia, a former Glencore employee, directed buy and sell orders that would push fuel oil prices up and down. That allowed the companies he worked...

https://mfame.guru/ex-glencore-trader-charged-with-oil-price-manipulation/

Bulk Carrier Convicted for Garbage Discharge Overboard

The chief officer and owner of a bulk carrier were convicted and fined in Australia for dumping trash overboard, reports the Maritime Executive.

While the fines were small dollar amounts, Australian authorities said it was the principle of dumping trash into protected waters and that it would send a broader message of the shipping industry.

Zero-tolerance approach to pollution

Allan Schwartz, General Manager Operations for the Australian Maritime Safety Authority said, “Australians and tourists...

https://mfame.guru/bulk-carrier-convicted-for-garbage-discharge-overboard/

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