Court Orders
Argentine Tall Ship Released, Welcomed Home
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
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
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In an unpublished opinion, the U.S. Court of Appeals for the Sixth Circuit affirmed a district court’s confirmation of a British arbitration award in favor of a protection and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
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
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
Ferry Project Open for Bids
Shipyards likely will submit new proposals to build four Washington state ferries after the state dropped its appeal of a court order that invalidated part of its selection process, according to a report in the Seattle Times. Last February, the state decided that Todd Shipyards of Seattle was the only company financially qualified to build the new ferries. Now, J.M. Martinac Shipbuilding of Tacoma will be allowed to submit a technical proposal to build the new ferries, a $284 million project
Rebuilding the Presumption of Preemption
I propose that the Legislative, Executive, Judicial Branches of the federal government should cooperatively work toward the rebuilding of the presumption in favor of federal preemption with respect to all matters related to maritime commerce
Treasure Hunters File Another Suit Against Columbia
Sea Search Armada's (SSA) lawsuit against the Government of Colombia in U.S. District Court, Washington D.C. claims it interfered with SSA's legitimate treasure salvage operations. The galleon San Jose carried coins and precious metals mined and smelted in Peru
Former Congress Lawyer to Serve as AdvanFort Legal Counsel
AdvanFort Company said attorney Sheila R. Schreiber has come onboard as its in-house legal counsel. Schreiber brings experience in the private and public sectors. She is a former litigation partner with Howrey LLP, served as counsel to the U.S
Belize Court Stymies Offshore Drilling Plans
Belize's Supreme Court declared offshore drilling contracts issued by the Government of Belize (in 2004 and 2007) null and void. The ruling, handed down by Justice Oswell Legall , was in response to a case brought by Oceana, COLA, and the Belize Coalition to Save Our Natural Heritage
Does Chapter 11 Work for Foreign Shipping Companies?
In the past two or three years, we have seen a wave of shipping companies file Chapter 11 bankruptcy cases in the United States. This latest wave started hitting the street in about 2011 and has included such names as General Maritime, Omega Navigation, Marco Polo, TBS International, B&H
American Investors and Colombian Government Battle over $17 Billion Treasure Salvage
A group of investors sued the Colombian government for preventing American salvage group Sea Search Armada from recovering San Jose, a ship that sank in 1708, often referred to as the “Holy Grail of Shipwrecks.” With numerous court rulings throughout the years
Crew Desert 'Arrested Ship,' Plead in India High Court
In a courtroom drama the captain of the Korean ship told the court the abandoned ship's engine room was flooded and there was danger of a capsize. MV OSM Arena had been anchored off the Port of Chennai since February 2010 following cases filed by different parties against the owners in the
Enormous Sunken Treasure Claim Conceded, Thirty Years On
Government of Colombia lawyers concede salvage company Sea Search Armada to be rightful owner of 50% of treasure proceeds. Lawyers representing the Government of Colombia (GOC) admitted recently in a U.S. court that Sea Search Armada (SSA), engaged in a long-running suit with Colombia
ITIC Warns on Costs of U.S. Documentary Disclosure
ITIC has warned that onerous documentary disclosure rules in the U.S. courts can drastically increase the cost to shipping interests of defending even without-merit claims. In the latest issue of its Claims Review, ITIC cites a case involving the manager of a number of cruise ships which was
CPLP, OSG Reach Conditional Agreement
Capital Product Partners L.P. (the "Partnership" or CPLP) (NASDAQ: CPLP) has reached a conditional agreement with Overseas Shipholding Group Inc. (OSG) and certain of OSG's subsidiaries regarding the long term bareboat charters of three of its product tanker vessels.
Costa Concordia Victims Win U.S. Jurisdiction Victory
Survivors of the Costa Concordia grounding win a huge victory in the United States District Court for the Southern District of Florida. The District Judge ordered the claims of 104 survivors remanded to the Florida State Court for continued litigation.
Troubled Otto Marine Geophysical Subsidiary
Singapore-based Otto Marine Limited informs of two applications by creditors to wind up its Reflect Geophysical Pte Ltd. At the hearing on the two applications to wind up Reflect filed by two of Reflect’s creditors with the Singapore High Court held on 22 February 2013
Cruise Industry Adds to US Trade Defecit Declares Lobbyist
Executive claims 'Carnival Triumph', 'Carnival Splendor' & even 'Costa Condordia' are but the "Tip of the Iceberg". World City America Inc., president, Stephanie Gallagher asks when will U.S. politicians and reporters ask the right questions about this non-U.S
Purchasing Equipment or Services
The Devil is in the Details: a Contract Management System Can Save Your Company From Unwanted Surprises. Nine out of ten MarineNews readers operate a business that has a seemingly insurmountable number of logistical problems. Quite possibly, you are one of them
SKH Product Counterfeiter Sentenced
Swedish court rules for criminal conviction in SKF counterfeit court case. A Swedish court has sentenced one person to a one-year jail term and a five-year ban from trade, and awarded damages to SKF, after finding him guilty of violation of Swedish trademark law in relation to the SKF trademark
