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Hague Visby

U.S. jurisdiction clause does not require application of COGSA

The U.S. Court of Appeals for the Fifth Circuit ruled that inclusion in a bill of lading of a clause providing for U.S. jurisdiction does not require application of the U.S. Carriage of Goods by Sea Act (COGSA) where the goods were shipped from Spain to China and the General Paramount Clause provided for application of the Hague-Visby Rules. In the instant case, the goods were damaged en route and the shipper brought suit against the vessel and the carrier. The carrier argued that the jurisdiction clause in the bill of lading required application of COGSA, greatly limiting the maximum recovery. The court held that the jurisdiction clause could not override the specific provisions of the General Paramount Clause. Foster Wheeler Energy Corp. v. M/V AN NING JIANG, No. 03-30038 (5th Cir. - HK Law)


ICS Deliberate on “Legal Issues relating to Shipping & Ports”

Conference in session Photo ICS

ICS, East India Branch conducted conference on Legal matters pertaining to Maritime Sector prior to joining hands with M/s Hinode Events a Knowledge Partner to serialise this an Annual Conference on Legal Maritime Legal matters. The Branch takes pride to state that "The Ministry of Shipping" &  "The Directorate General of Shipping" have taken the view of the Branch in several legislative matters.


China, Russia Navies to hold S. China Sea Drills

China and Russia will hold "routine" naval drills in the South China Sea in September, China's defence ministry spokesman Yang Yujun told a news conference on Thursday. The drills come at a time of heightened tension in the contested waters after an arbitration court in the Hague ruled this month that China did not have historic rights to the South China Sea and criticised its environmental destruction there. China rejected the ruling and refused to participate in the case.


Philippines Mulls Bilateral Sea Talks with China

The Philippines may consider two-way talks with China to resolve a territorial dispute in the South China Sea but only if it wins its case with Beijing at an arbitration tribunal in The Hague, Manila's foreign minister said on Friday. China claims almost the entire South China Sea, believed to have huge deposits of oil and gas. Brunei, Malaysia, Vietnam, the Philippines and Taiwan also claim the waterways where about $5 trillion of ship-borne goods passes annually.


South China Sea Hearing in Court

Map by  The American Center for Democracy

 The Philippines has sought to debunk China's claims to disputed islands in the South China Sea, court officials said Monday (November 30) as an international tribunal wrapped up a five-day hearing, says an AFP report.   The Philippines has asked the Permanent Court of Arbitration in The Hague to affirm its right to areas within 200 nautical miles of its coastline, under the terms of a U.N. convention.  


China Thanks Countries South China Sea Support

China expressed thanks on Tuesday for the dozens of countries it says have offered support for its position on a case brought by the Philippines over Chinese claims in the South China Sea, saying they are speaking out to uphold justice. China has stepped up its rhetoric ahead of an expected ruling by the Permanent Court of Arbitration in The Hague on the Philippine case. China refuses to recognise the case and says all disputes should be resolved through bilateral talks.


Ecuador Pays $112 mln Award to Chevron

Courtesy Chevron Corporation

Ecuador has paid $112 million to energy company Chevron Corp over a four-decade-old contract dispute, even though it remains in disagreement, the head of the central bank has said. A Hague arbitration court awarded the U.S. company $96 million in 2011 in a dispute stemming from a 1973 deal that called for Texaco, later acquired by Chevron, to develop fields in exchange for selling oil to Ecuador at below-market rates. Various appeals by Ecuador against the ruling failed.


China Asks U.S. to Support Resumption of Talks with Philippines

China's foreign minister has asked the U.S. secretary of state John Kerry to support the resumption of talks between China and the Philippines over the South China Sea, following a ruling against Beijing over the dispute earlier this month.   China did not participate in and has refused to accept the July 12 ruling by The Hague-based Permanent Court of Arbitration, in which U.S. ally Manila won an emphatic legal victory.  


Taiwan Rejects Ruling on South China Sea Island of Itu Aba

Taiwan said Tuesday it does not accept a tribunal's ruling on the South China Sea, saying the decision on Itu Aba, Taipei's sole holding in the disputed Spratly Islands, had "seriously impaired" its territorial rights.   The arbitration court in The Hague ruled that China has no historic title over the waters of the South China Sea and that it has breached the sovereign rights of the Philippines with its actions there, infuriating a defiant Beijing.  


China Plans Maritime "Judicial Center"

China plans to set up an "international maritime judicial center" to help protect the country's sovereignty and rights at sea, its top judge said on Sunday. Giving a work report at the annual meeting of China's largely rubber-stamp parliament, chief justice Zhou Qiang said courts across China were working to implement the national strategy of building China into a "maritime power". "(We) must resolutely safeguard China's national sovereignty


Cambodia Urged ASEAN to Avoid Words That Escalate Tension

Cambodia advised a grouping of South East Asian nations to avoid using words that "would escalate tension between China and the Philippines" in a weekend statement, the country's foreign ministry said on Wednesday.   Cambodia's support for China's position on an international


China sets up South China Sea environment protection fund

China has set up a 15 million yuan ($2.25 million) environmental protection fund for the South China Sea having already spent double that in the past four years, the Xinhua state news agency said on Monday. The Permanent Court of Arbitration in The Hague ruled this month that China did not have


ASEAN in Discord Ahead of Meeting with top China, U.S. Diplomats

Photo Permanent Court of Arbitration

Southeast Asian nations were thrown into disarray after Cambodia on Saturday blocked them from issuing a statement referring to an international court ruling against China's territorial claims in the South China Sea, diplomats said. The U.N


Kerry to Press ASEAN meeting for talks on SCS Disputes

U.S. Secretary of State John Kerry Official Portrait Photo John Kerry -@JohnKerry

U.S. Secretary of State John Kerry will urge Southeast Asian nations in meetings in Laos next week to find diplomatic ways to launch talks with China on easing tension over the South China Sea following an international court ruling that denies China's claims in the sea.


Philippines' Offshore Oil Still in Doubt

Production of oil still in troubled waters after South China Sea ruling By Enrico Dela Cruz   The Philippines, eager to resume development of vital oil and gas reserves off its coast, will likely need to reach an accord with a Chinese government infuriated by last week's ruling that


China Admiral: 'Freedom of Navigation Patrols' could end 'in disaster'

Freedom of navigation patrols carried out by foreign navies in the South China Sea could end "in disaster", a senior Chinese admiral has said, a warning to the United States after last week's ruling against Beijing's claims in the area.


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


Japan, Vietnam Agree South China Sea Ruling Must Be Observed

Japanese Prime Minister Shinzo Abe agreed with his Vietnamese counterpart that an arbitration court's decision this week on the South China Sea must be observed, Japan's Kyodo news agency said on Friday.   The court in The Hague ruled China has no historic title over the waters of the South


Filipino Fishermen Still Blocked from Scarborough Shoal

China's coastguard has prevented Filipino boats from fishing around the hotly contested Scarborough Shoal, Philippine officials said on Friday, after Beijing kept a promise to ignore a court ruling voiding its vast South China Sea claims.  


EU's Silence on South China Sea Ruling Highlights Inner Discord

European governments are torn over how to respond to China's defeat in a legal battle over the South China Sea, fearful of alienating their second-largest trading partner and hampered by a maritime dispute among their own members.   China angrily vowed to ignore the ruling by a court in The


China Protests Australia's Freedom of Navigation Comment

China said on Thursday it had issued a formal protest after Australia announced it would continue to exercise its right to freedom of navigation and overflight in the South China Sea following a court ruling against China's claims.   The Permanent Court of Arbitration in The Hague concluded


Indonesia Hopes Fishermen Can Net Its South China Sea Claims

Indonesia wants to send hundreds of fishermen to the Natuna Islands to assert its sovereignty over nearby areas of the South China Sea to which China says it also has claims.   President Joko Widodo has launched an unprecedented campaign to bolster fishing


China Loses on South China Sea Ruling

The United States urged all parties to avoid provocative statements or actions after an arbitration court ruled on Tuesday that China has no historic title over the waters of the South China Sea.   "The decision today by the Tribunal in the Philippines-China arbitration is an


Oil and Shipping Markets on Edge After South China Sea Ruling

File photo: Aurelie Moulin

Global oil and shipping markets reacted nervously on Tuesday after an international arbitration court ruled against Beijing's claims across large swathes of the South China Sea, fuelling geopolitical tensions in the vital waterway.   A tribunal in The Hague, Netherlands


China Says Wants Peace after Paper Warns on South China Sea Clash

China's government sought to downplay fears of conflict in the South China Sea after an influential state-run newspaper said on Tuesday that Beijing should prepare for military confrontation.   Editorials in the Global Times newspaper ahead of a July 12 international court ruling on






 
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