Mr Maurizio Dardani

Maurizio Dardani

Updates

Shipping & Transport

Tribunal of Genoa examines jurisdiction issue in pre-trial proceedings regarding court surveyor's appointment
Italy | 11 September 2019

A recent Tribunal of Genoa case concerning a yacht lost during carriage examined whether the Italian courts have jurisdiction to appoint court surveyors and order survey operations to take place in Italy where the merits of a dispute are not subject to Italian jurisdiction. According to the tribunal, the fact that the merits of the dispute in question were to be decided in London did not deprive the Italian courts' jurisdiction to order inspection and survey operations on goods located in Italy.

Court issues Redwood decision concerning liability of classification societies
Italy | 12 November 2014

The Genoa Court of Appeal recently issued its decision in Redwood, which concerned the liability of classification societies. The appeal court quashed the first-instance decision, which had found Lloyd's Register liable for damages suffered by the time charterers of the vessel Redwood. The decision will undoubtedly attract the attention of maritime lawyers around the world.

Carriers held fully liable only when probable damages are foreseen
Italy | 26 September 2012

A Tribunal of Genoa decision has affirmed that damage claims against carriers for full liability must prove not only that the carrier's behaviour had been grossly negligent, but also that the carrier or its agents acted recklessly and foresaw that damage would result from their act or omission.

Undue hardship and obligation to renegotiate charter
Italy | 18 July 2012

A judgment issued by the Court of Ravenna poses complex legal questions about the application of the concept of 'undue hardship' to charterparties and the obligation to renegotiate. It also raises significant problems about the relationship between English and Italian jurisdiction.

Enforcement issues: arrest for debts of previous bareboat or time charterers
Italy | 29 February 2012

The interpretation of Article 3(4) of the Brussels Convention 1952 has given rise to much debate in the convention's contracting states. In Italy, a number of arrests have been granted in respect of claims against a demise charterer or a time charterer, even where the maritime claim is not secured by a maritime lien on the vessel. A decision of the Court of Genoa on this issue seems certain to provoke further debate.

First interpretation of classification clause in cargo insurance policy
Italy | 29 June 2011

Two decisions represent the Italian courts' only interpretations of the wording of the Institute Classification Clause. The notion that the cargo classification clause requires full classification of a vessel without recommendations is controversial - it takes no account of the evolution of the clause or the differences between its literal formulation and that of the corresponding classification clause for hull and machinery insurance cover.

Liability of classification societies
Italy | 02 March 2011

The Court of Genoa has considered the problematic issue of the liability of classification societies, holding Lloyd's Register liable for damages caused to time charterers as a result of the detention of their vessel. This is the first time that an Italian court has specifically addressed the issue.

Appeal court sets precedent on distinction between maritime contracts
Italy | 01 December 2010

The Rome Court of Appeal recently set an important precedent on the distinction between a charterparty contract and a contract of carriage of goods by sea. The case involved an Italian tank vessel which sank. After rejecting the allegation that the owner had been negligent, the court examined the terms of the time charterparty to decide whether it amounted to a contract of carriage of goods by sea.