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.
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.
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.
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.