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Shipping & Transport

21 October 2020
Costas Stamatiou Entry into force of amendments to Code of the Maritime Labour Convention

Cyprus - Elias Neocleous & Co LLC

The Shipping Deputy Ministry recently issued Circular 20/2020, notifying interested parties of the entry into force of the 2018 amendments to the Code of the Maritime Labour Convention 2006. The amendments will enter into force on 26 December 2020. In essence, the amendments aim to provide additional protection to seafarers in the event that they are held captive as a result of acts of piracy or armed robbery against ships.

Authors: Costas Stamatiou, Vassilis Psyrras
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Luca Di Marco Supreme Court rules on apportionment of salvage reward among shipowner and cargo interests

Italy - Dardani Studio Legale

The Supreme Court recently issued a significant decision on the apportionment of a salvage reward among a shipowner and cargo interests. The decision has confirmed the principle already expressed in previous Supreme Court judgments that the shipowner is liable towards the salvor for an entire salvage reward, subject to recourse action by said shipowner against the cargo interests. However, the Supreme Court's conclusions are debatable, as is its interpretation of Article 497 of the Code of Navigation.

Author: Luca Di Marco
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Victor Onyegbado Shipping loans and collateral damage

Nigeria - Akabogu & Associates

Shipping finance transactions are characterised by peculiar risk factors principally on account of shipping assets' transient operations. The applicable rules and mercantile uses – reflective of this reality themselves – must therefore be adequately factored into financiers' lending procedures and loan recovery strategies, whether they be banks or private investors. This article offers helpful guidance to such lenders.

Author: Victor Onyegbado
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Stephan Erbe Federal Administrative Court calls off Federal Consumer Price Surveyor

Switzerland - ThomannFischer

In Spring 2018 the Federal Customs Administration ordered two Swiss forwarders to apply the simplified customs declaration procedure for certain imports. The freight forwarders challenged the orders questioning, among other things, whether Article 105b of the Customs Ordinance is compatible with the constitutional framework. The Federal Administrative Court has now confirmed the forwarders' view that the Federal Customs Act does not provide a sufficient legal basis for consumer protection orders.

Author: Stephan Erbe
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Recent updates

Steffen Maelicke Yacht hull insurance: coverage if insured was unaware that yacht was unfit to sail

Germany - Arnecke Sibeth Dabelstein

Author: Steffen Maelicke
Javier Franco Oil pollution risk: should Colombia ratify the Supplementary Fund and the Bunkers Convention?

Colombia - Franco & Abogados Asociados

Author: Javier Franco
Thomas Tobin Overview of National Transportation Safety Board investigations

USA - Wilson Elser

Authors: Thomas Tobin, Daniel Braude
Jesper Windahl Claim for unlawful arrest could not be heard before court at creditor's domicile

Denmark - WSCO Advokatpartnerselskab

Author: Jesper Windahl
Gerdien van der Voet Court rejects preliminary attempt to enforce dockers' clause

Netherlands - AKD

Authors: Gerdien van der Voet, Robbert Jaspers
Øyvind Axe Shipyards' right of retention for non-payment

Norway - Wikborg Rein

Authors: Øyvind Axe, Morten Valen Eide, Andreas Slettevold

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