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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


Sainty Marine in Troubles Waters

 Image: Sainty Marine

 Financially troubled Chinese shipbuilder Sainty Marine has announced Bank of China and China Exim Bank have frozen its bank accounts.   Shenzhen-listed Sainty Marine has also announced that it has reached an agreement with Dutch ship investment firm, Universal Marine, for the cancellation of four 2,350teu containerships.   Universal Marine ordered the vessels at Sainty Marine in March 2014, however, it has been unable to secure the financing to start the newbuilding project


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


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


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


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


Swiber Applies for Judicial Management Instead of Liquidation

Photo: Swiber

Singapore oilfield services company Swiber Holdings Ltd said on Friday it has applied to place itself under judicial management instead of liquidation.   Swiber shocked markets earlier this week by filing for liquidation, as it faced hundreds of million of dollars in debt and a decline in


EU's Statement on South China Sea Reflects Divisions

The European Union issued a statement on Friday noting China's legal defeat over the South China Sea but avoided direct reference to Beijing, reflecting discord among EU governments over how strongly to respond to the court ruling.   While the European Union is neutral in China's dispute


UAE Top Court: Physical Bunkers Suppliers Have No Right to Recourse against Owners/Charterers

File photo: OW Bunker

The OW saga - UAE Federal Supreme Court decides that physical suppliers of bunkers have no right to recourse against Owners/Charterers. In the first decision on the issue from the most senior court in the country, the UAE Federal Supreme Court has decided that physical suppliers of bunkers have


DVB Bank to Dispose GOL's Six Vessels

Photos: GOL Offshore

 DVB Group Merchant Bank (Asia) Ltd, a unit of Germany’s DVB Bank SE, can now go ahead and seek bids for selling six ships of GOL Offshore, earlier known as Great Offshore Ltd, to recover their part of outstanding loans, says a report in the Livement.  


Korean Shipbuilder Could Be Liquidated

Photo: STX Offshore & Shipbuilding Co.

 South Korea's STX Offshore & Shipbuilding Co. has filed for receivership, following massive losses that have mounted up over the past two years, says a report in the WSJ.    According to multiple sources from the shipbuilding industry


EU to Fight Spanish Ship Finance Scheme

Regulators cracking down on national schemes which benefit some; more legal battles ahead with Luxembourg, Dutch tax appeals. EU state aid regulators are looking to Europe's top court to back their decision against a Spanish tax lease scheme for shipbuilders


SunEdison Restrained from 'Unusual' Asset Transfers

Solar company SunEdison Inc said a U.S. court has restrained the company from making any unusual asset transfers until a hearing in a lawsuit brought on by investors of renewable energy company Latin American Power.   SunEdison's shares fell as much as 33 percent to $1


Supreme Court Stays Green Tribunal Order on Adani Hazira Port

Tugs at Adani Hazira Port Photo AHPPL

Adani Hazira Port Private Limited (AHPPL), a 100% subsidiary of Adani Ports and Special Economic Zone Limited, had challenged the order dated 8.1.2016 passed by the National Green Tribunal, Pune, inter alia, cancelling the EC 3.5.2013 for expansion of facilities at Adani Hazira Port.


Vale: 200,000 Tns/Day of Iron Ore Halted at Tubarão Port

The court-ordered closure of miner Vale SA's Port of Tubarão in Brazil has blocked the loading of some 200,000 tonnes of iron ore per day, the company said in a Friday statement.   The court order, issued on Thursday due to pollution concerns, is also blocking access to 44


Brazil Orders Vale to Close Tubarão Iron Ore Port

Photo: Vale

A Brazilian federal court on Thursday ordered the suspension of activities at Vale SA's Port of Tubarão because of pollution concerns, halting the world's largest iron ore exporter's ability to ship more than a third of its output.  


EU Court Strikes Down Spanish Ship Finance Scheme

Court says scheme does not give firms selective advantage; EU regulators cracking down on unfair tax systems. Europe's second-highest court gave clearance on Thursday to a Spanish tax lease scheme in the shipbuilding industry, annulling a decision by EU regulators two years ago that this gave a


US Orders EPA to Rewrite Ship Ballast Water Dumping Rules

A federal appeals court in New York ordered the government to rewrite its rules regulating the discharge of ballast water by ships, in a victory for environmental groups that said the rules were too lenient and threatened the nation's waterways.


Where Arbitration Began: Maritime Arbitration in New York

In March 1656, Andrew Kilvert brought suit against Jan Geraerdy in the Court of Burgemeesters of the colony of New Netherland, demanding the release of his vessel, which had been arrested to obtain payment for the sale price of Kilvert’s ship


Maritime Tribunal Rejects Plea to Free Italy's Marines

An international maritime tribunal on Monday rejected Italy's request that India provisionally release two marines accused of killing two Indian fishermen, a setback for the Italian government after a three-year legal battle. However the International Tribunal for the Law of the Sea in Hamburg


Protesters Face Fines for Dangling from Oregon Bridge

© Tim Aubry / Greenpeace

Five Greenpeace protesters who dangled from a Portland, Oregon, bridge for two days in a bid to block a Royal Dutch Shell ship headed to the Arctic to drill for oil are each facing $5,000 fines from the U.S. Coast Guard, authorities said on Thursday.  






 
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