Shipping & Transport updates

Italy

Contributed by Dardani Studio Legale
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.


Malta

Contributed by Fenech & Fenech Advocates
Flag injunctions: practical alternative to ship arrests
  • Malta
  • 11 September 2019

Maltese law is straightforward in terms of who has a right to arrest and which claims can be secured by means of an arrest. However, while ship arrests are a powerful legal remedy for creditors, they have one major limitation: they are possible only where the targeted vessel actually enters Maltese waters. As such, the legal system has introduced the Section 37 injunction, which provides creditors with an interesting, cost-efficient remedy where a ship arrest is not possible.


Current search

Refine search

Jurisdiction

Firm