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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.


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.  


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.


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.


Amid Sea Disputes, China to set up maritime "Judicial Center"

Scales of Jusrice Courtesy 123RF

China plans to set up an "international maritime judicial centre" 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


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


Manila Urges Unity in China Sea Dispute

The Philippines is pushing for a meeting among four Southeast Asian nations with conflicting claims to waters in the South China Sea so that they can hammer out a common stand in dealings with China, Manila's foreign minister said on Friday. Manila is waging a territorial dispute with China over the Spratlys and the Scarborough Shoal in the South China Sea, an area believed to be rich in oil and natural gas deposits as well as fisheries resources.


Indonesia Asks China to Clarify South China Sea Claims

Indonesia has asked China to clarify its claims over the South China Sea but has yet to receive a response, the Foreign Ministry said on Thursday, a day after Indonesia's security chief said Jakarta could take Beijing to court over an island dispute.   Beijing's claim to almost the entire resource-rich sea is shown on Chinese maps with a nine-dash line that stretches deep into the maritime heart of Southeast Asia


DP World to Tackle Illegal Wildlife Trade

DP World Group CEO Mohammed Sharaf with HRH The Duke of Cambridge and United for Wildlife Transport Taskforce members during their meeting in London recently Photo DP World

  Global marine terminal operator DP World has agreed to a set of 11 principles designed to help tackle the US$ 19 billion illegal wildlife trade. In a groundbreaking meeting in London last week, members of the United for Wildlife International Taskforce on the Transportation of Illegal Wildlife Products finalised the document that will shape the efforts of its transport and logistics sector members in the future


Beijing Slams South China Sea Court Proceedings

Permanent Court of Arbitration ruling set for July 12. An international court said it would deliver a hotly anticipated ruling in the Philippines' case against China over the South China Sea on July 12, drawing an immediate rebuke from Beijing, which rejects the tribunal's jurisdiction.


China Slams South China Sea Case as Court Set to Rule

An international court said on Wednesday it would deliver a hotly anticipated ruling in the Philippines' case against China over the South China Sea on July 12, drawing an immediate rebuke from Beijing, which rejects the tribunal's jurisdiction.  


China Dismisses South China Sea Support Doubts

China's Foreign Ministry on Thursday brushed off doubts about how many countries have offered support for its position in a case brought by the Philippines over Chinese claims in the South China Sea, saying the number of nations was growing daily.


EU Calls for Free Passage in South China Sea

Countries must be free to pass through the South China Sea, the European Commission said on Wednesday, in its first diplomatic admonishment of Beijing after Chinese jets intercepted a U.S. military plane over the contested waters last month.  


China Tells US to Play Constructive South China Sea Role

(Photo: CSIS Asia Maritime Transparency Initiative)

China told the United States on Tuesday that it should play a constructive role in safeguarding peace in the disputed South China Sea, as U.S. Secretary of State John Kerry called for talks and a peaceful resolution. China claims most of the South China Sea


APM Terminals Implements Truck Safety Procedures

Truck safety Procedured in place Photo APM

With the successful completion of a pilot-program at five terminals, the new initiative will be in place across the entire APM Terminals Global Terminal Network by year-end.   The Hague, Netherlands – APM Terminals announces a new Truck Safety program featuring carefully researched


APM Terminals Graduates MAGNUM Class

APM Terminals MAGNUM Leadership graduation photo courtesy APM

APM Terminals has graduated another 19 competitively selected managers from across the APM Terminals Global Terminal Network from the MAGNUM accelerated leadership training program at a formal ceremony in The Hague. Members of this year’s class represented 16 countries in Europe


Duterte Says He Won't Surrender Rights in S.China Sea

Rodrigo Duterte (Photo courtesy of rodrigo-duterte.com)

Philippines President-elect Rodrigo Duterte said on Thursday he would not surrender the country's rights over the disputed Scarborough Shoal in the South China Sea, which China seized in 2012.   "There will never be an instance that we will surrender our right over Scarborough Shoal


BWTS Refit for Netherlands Naval Vessels

M C Jeronimus, Vice President of Goltens Europe, and Captain RNLN J F Kwak, Head Projects Procurement Division Ministry of Defense, sign the contract at The Hague (Photo: Goltens)

The Defense Material Organization has awarded three contracts to Goltens Worldwide’s Green Technologies business unit for the engineering and turnkey installation of sixteen Optimarin Ballast Systems (OBS) on 10 Naval vessels.  


Philippines Detains 25 Chinese Fishermen for Poaching

Philippine fishing authorities said on Tuesday they had detained 25 Chinese crew of two seized fishing boats on suspicion of poaching, a move that could further strain ties between two countries at odds over maritime sovereignty. A joint team from the Philippine coastguard and the Bureau of


China Claims Wide Support for Stance on S.China Sea

China has widespread support in the international community for its decision not to have anything to do with a legal case lodged by the Philippines against Chinese claims in the South China Sea, a senior diplomat said on Thursday.   China has been stepping up its rhetoric ahead of a ruling


Container Weighing at 29 APM Locations

Transmitter fitted on Head block Photo APM

VGM Generation services will be offered to enable supply chain partners to comply with new IMO SOLAS regulations   The Hague, Netherlands - With just 50 days until SOLAS Verified Gross Mass (VGM) comes into force APM Terminals is taking the lead to ensure a smooth transition into the new


China: S.China Sea Criticism Could Have Ramifications

The USS Blue Ridge on patrol (U.S. Navy image)

International criticism of China over the disputed South China Sea will rebound like a coiled spring, a Chinese diplomat said on Friday, as a U.S. warship visited Shanghai against a backdrop of rising tension in the region. China claims almost all of the energy-rich South China Sea


US Urges ASEAN Unity on South China Sea Ruling

Photo: Permanent Court of Arbitration

China risks "terrible" damage to its reputation if it ignores an impending international court ruling on the South China Sea, the United States said on Thursday, while urging Southeast Asian countries to rally behind the court decision.  


China Angered by Britain's Comments on South China Sea

China expressed anger on Wednesday after a senior British official said a ruling expected within a few months in an international arbitration case the Philippines has brought against China's South China Sea claims must be binding.   Hugo Swire






 
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