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Court Orders

Argentine Tall Ship Released, Welcomed Home

Libertad: Photo credit Wki CCL DagosNavy

Argentine naval training ship, 'ARA Libertad' which was detained in Ghana for more than two months has arrived back home. The Libertad had been seized following legal action by an investment company trying to recover money still owed after Argentina's 2002 debt default. Thousands of people lined the shore as it arrived in Mar del Plata, three weeks after a United Nations court ordered its release from Ghana reports BBC News. The lengthy diplomatic row over the Libertad began when the ship was prevented from leaving Ghana on 2 October 2012, after a local court ruled in favour of financial fund NML Capital. Last month, the UN Tribunal for the Law of the Sea ordered Ghana to release the ship, arguing that it had immunity because it was a military vessel, and Libertad sailed shortly afterwards. Source: BBC News  


Rowan Wins Against BP in Gorilla V Contract Dispute

Rowan Companies, Inc. reported that the English Court has given a comprehensive judgement in its favor in proceedings between its subsidiary, British American Offshore Limited (BAO) and Amoco (UK) Exploration Company (Amoco). The court found that Amoco's case "fails on the facts at every point", and dismissed in its entirety Amoco's claim that it had been entitled, in January 1999, to terminate its drilling contract with BAO for the use of the jack-up


Spanish Court Orders Search of Ships

A Spanish court has ordered police to capture and search two vessels belonging to a Florida firm that recently announced it had found a shipwreck in the Atlantic Ocean laden with an estimated $500m worth of Colonial-era treasure. The court in the southern port city of Cadiz instructed police to capture the vessels should they leave the British colony of Gibraltar, on Spain's southern tip, and enter Spanish waters. The reports came out late Tuesday night after the court had closed and it was


U.S. court upholds British Arbitration Award

In an unpublished opinion, the U.S. Court of Appeals for the Sixth Circuit affirmed a district court’s confirmation of a British arbitration award in favor of a protection and indemnity (P&I) club against plaintiff seamen. Acting on behalf of the seamen, a law firm sued States Steamship Company for alleged asbestos-related injuries. When States, which was in bankruptcy, did not answer, plaintiffs obtained a default judgment


USMMA Alumni Eviction Upheld in Federal Court

Academy demands that Alumni Association immediately vacate premises; court orders parties to work out details by end of business of Friday, May 10th.   The eviction of the U.S. Merchant Marine Academy Alumni Association has been affirmed by a Long Island federal court. Jim Forde ‘88, Esq., AAF Board of Directors, said in a prepared statement today, “We regret to inform everyone that the court denied our motion for an injunction


HK Firm Gets Ship Arrested, Shines Light on Debtor's Operations

A bulk carrrier docked: File photo CCL

Hong Kong company Shagang Shipping has successfully obtained an order for the arrest of the HNA Group controlled vessel 'MV Bulk Peace' from the Western Australia District Registry. The move is part of a long-running legal campaign seeking payment of USD 66.4m from HNA Group. The claims arise from 2008 when Shagang Shipping chartered a capesize bulk carrier MV Dong-A Astrea, owned by Dong-A Tankers, to a HNA Group company, Grand China Shipping Company Limited, for a period of seven years


Activists Want Exxon-Mobil Deal Stalled Over Spill

A group of activists have proposed that the merger of Exxon and Mobil be halted until Exxon pays a $5 billion court-ordered settlement to thousands of people affected by the 1989 Exxon Valdez oil spill. The appeal was linked to the oil spill's 10th anniversary on March 24 and the start of the 16th biennial International Oil Spill Conference in Seattle. The event is sponsored by the USCG, EPA, IMO and International Petroleum Industry Environmental Conservation Association.


Hyundai Heavy Reports Q3 Results

According to Reuters, Hyundai Heavy Industries Co. reported a net profit in the third quarter because of more profitable orders and one-off gains from an accounting change. Earnings at South Korean shipbuilders, which dominate the global market, are set to improve due to falling steel plate prices and a more stable South Korean won. But analysts are concerned vessel prices could weaken in the coming quarters due to sluggish global trading volumes and as Chinese shipyards boost capacity


Breaking Ships on Tidal Beaches is Illegal

The International Ship Recycling Association (ISRA) is quite clear; Bangladeshi ship breakers who are using tidal beaches are, as ISRA understands the court decision, illegal. The ruling by the Bangladeshi High Court on the petition filed by the Bangladesh Environmental Lawyers Association to close the ship breaking yards is a logical outcome as beaching practices are against future international law. The court order seems to confirm ISRA’s point that the practice of using a tidal beach


Writ Issued Protesting Transocean Shutdown Order

Petrobras files writ of mandamus against an injunction suspending Transocean's activities in waters offshore Brazil. (Mandamus is an extraordinary writ commanding an official to perform a ministerial act that the law recognizes as an absolute duty and not a matter for the official's discretion. (Source: Advanced English Dictionary). Petrobras filed a writ of mandamus, in the capacity of injured third party, to suspend the injunction granted on July 31


Chang Jiang Shipping Faces Asset Liquidation

A Chinese court has ordered a unit of debt-laden dry bulk goods shipper Chang Jiang Shipping Group Phoenix Co. Ltd. to liquidate its assets, displaying further evidence of the troubles faced by the country's beleaguered shippers.   The unit


Debt-Laden Bulk Shipper to be Liquidated

A Chinese court has ordered a unit of debt-laden dry bulk goods shipper Chang Jiang Shipping Group Phoenix Co Ltd to liquidate its assets, displaying further evidence of the troubles faced by the country's beleaguered shippers.   The unit


Concordia Captain Tried to Blame Wreck on Electrical Blackout

Costa Concordia (Photo courtesy of Boskalis)

The captain of the Costa Concordia tried to persuade the crisis coordinator of the cruise line to pretend an electrical blackout had caused the shipwreck, a court was told on Monday. The luxury liner hit rocks as it sailed close to the island of Giglio in January 2012


Somali Pirate Sentenced to 12 Years by German Court

 A German court sentenced a Somali asylum-seeker to 12 years in jail on Thursday, for his involvement in the pirate hijacking of a tanker in the Indian Ocean in 2010.   The judge in the Osnabrueck court in northern Germany said the man was guilty of kidnapping and severe extortion


AKD: Shipping to Benefit from EU Debt Recovery Proposal

Sebastiaan Moolenaar

Rotterdam-based law firm AKD says shipping and international trade and logistics operators should welcome a recent decision by European Justice Ministers which will improve their chances of successfully recovering money owed to them by trading partners in EU countries by effectively opening the


Charity Barge Fined for Safety Violations

Photo from the charitys Twitter account

The charity Beauchamp Lodge Settlement has been ordered to pay £3,330 in fines and costs after pleading guilty to operating a passenger vessel in London without a valid Passenger Certificate, the U.K. Maritime and Coastguard Agency reported.


China Arbitration Court Orders Korea's STX to Pay Debt

STX logo

Troubled South Korea shipbuilder STX Heavy Industries Co. issued a guarantee on a loan defaulted on by its Chinese heavy machinery manufacturer, STX Dalian Heavy Industries Co., from China's Bank of Communications and has been ordered to repay the loan, reports Yonhap.


Court Denies WQIS Motion for Injunction

A New York State Supreme Court Judge has ruled against WQIS in a dispute involving the marine pollution insurance arena. According to Safe Harbor, this is the second ruling against WQIS in its attempt to prevent start-up Safe Harbor Pollution Insurance from entering the insurance space where


Justices Question Obama Climate Change Regulations

By Lawrence Hurley, Reuters The U.S. Supreme Court appeared closely divided on Monday as it weighed whether the administration of President Barack Obama exceeded its authority when crafting the nation's first greenhouse gas emissions regulations.


Court to Rule on Costa Rica/Nicaragua Maritime Border Dispute

Reuters - Costa Rica will ask the International Court of Justice to settle a decade-old maritime border dispute with Nicaragua related to potential oil concessions, President Laura Chinchilla said on Monday. Costa Rica plans to file a complaint with the court at The Hague on Tuesday in which it


BP Loses Bid to Block Seafood Fund Payments

A U.S. federal judge on Wednesday denied BP Plc's request to halt payments from the $2.3 billion fund it created to compensate commercial fishermen for financial losses after the British company's 2010 offshore oil spill, according to court records.


Shipbuilder OSX Brasil Restructuring Plan Suspended by Court

Reuters –  A Brazilian court has suspended the deadline for shipbuilder OSX Brasil SA to present its restructuring plan under bankruptcy legislation until a new judge is appointed to the case, the company said in a statement. The 60-day deadline to file the plan was already suspended


Scalia to Address CGA Corps of Cadets

The Honorable Antonin Scalia, Associate Justice of the U.S. Supreme Court, is scheduled to speak at the U.S. Coast Guard Academy March 18, as the 2014 Hedrick Fellow. Justice Scalia will address the corps of cadets in Leamy Hall Auditorium at 7:30 p.m., in an event that is open to the public.


Second HNA Vessel Arrested Within a Fortnight

Justice image CCL3

Hong Kong company Shagang Shipping informs it has successfully obtained an order for the arrest of the HNA Group controlled 1999 built, 163,346 gt crude oil tanker M/V ‘GC Guangzhou’ at the Port of Gwangyang (Yeocheon) in South Korea.


Deadbeat Chinese Shipyards Stick Banks with Default Bill

Chinese banks are stuck in a lose-lose legal battle between domestic shipyards and foreign buyers over billions of dollars in refund guarantees that are supposed to be paid out if shipbuilders fail to deliver on time. One in three ships ordered from Chinese builders was behind schedule in 2013


 
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