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Legal Action

Spinnaker Cautions Shipping Employers Over Foreign Workers' Rights

Maritime recruitment specialist, Spinnaker Consulting has warned shipping firms that they could face legal action if they do not apply UK standards to foreign workers. Overseas workers who spend some working time in the UK qualify for the same employment protection rights as resident UK workers. Writing in the latest issue of Changing Course, Spinnaker's monthly e-mail newsletter, managing director Phil Parry says, "A London employment tribunal ruled last month that foreign workers can claim rights under English employment law if they have spent some of their time working in the UK. This will undoubtedly affect some shipping employers." The decision arises out of legal changes made in 1999 implementing an EU directive on the posting of workers. Workers need no longer 'ordinarily' work in the UK to qualify for protection under the Employment Rights Act 1996, and the Sex Discrimination Act of 1986 now applies in all cases unless a person works wholly outside Britain. Parry says, "To avoid legal action, shipping employers should ensure that they apply the same employment standards to their overseas workers spending some of their time working in the UK as they do to those ordinarily resident and working in the UK."

Daewoo Shipbuilding Files Suit

Financially-troubled Korean shipbuilder Daewoo Shipbuilding & Marine Engineering Co. has reportedly filed a lawsuit against the Korean Ministry of National Defense after it apparently was not selected for a $1 billion military submarine contract. Hyundai Heavy Industries Co., is the apparent winner for the project, pending legal action. The filing will delay the submarine project, which was to start next month and run until 2009.

Daewoo Shipbuilding Files Suit

Financially-troubled Korean shipbuilder Daewoo Shipbuilding & Marine Engineering Co. has reportedly filed a lawsuit against the Korean Ministry of National Defense after it apparently was not selected for a $1 billion military submarine contract. Hyundai Heavy Industries Co., is the apparent winner for the project, pending legal action. The filing will delay the submarine project, which was to start next month and run until 2009.

Macao Court Ruling Favors LVS

Las Vegas Sands Corp. announced that the Macao Intermediate Court has removed an interim injunction that had suspended the company's entitlement to operate a ferry service between Hong Kong and Macao. The CotaiJet service had been operating for just over a week and was offering service between Hong Kong's Macao Ferry Terminal at Shun Tak Centre and Macao's newly opened Taipa Temporary Ferry Terminal when it was suspended in mid-December.

Shipowner's Financial Woes Strand Seafarers for Six Months

Photo credit ITF

Moroccan seafarers finally head home after owners abandoned their ships, but wages still unpaid Moroccan seafarers left stranded in Spain after the ferry company they were working for ran into financial trouble have finally been repatriated after six months. The ITF (International Transport Workers Federation) initiated a solidarity campaign earlier this year after workers from the ITF-affiliated Moroccan Workers’ Union (UMT)

CITIC Starts Court Proceedings Against Qingdao Port Operator

  China's CITIC Resources Holdings Ltd has begun court proceedings against the operator of a bonded warehouse at Quindao port as legal action ramps up following an investigation into metals financing fraud at the world's seventh busiest port. CITIC Resources said last month it had been unable to secure around 120,000 tonnes of alumina, more than half of the alumina stocks it had title to that were stored at the port pending payment by buyers and delivery.

ABS Fires Back Over Prestige Claims

ABS has instituted legal action against the Government of Spain seeking recovery for any claims made against the classification society for damages arising from the Prestige casualty. The ABS action is an aggressive response to the suit filed against the not-for-profit classification society by the Government of Spain seeking more than $700 million in damages for the pollution caused by the sinking of the tanker. In a concurrent action

EU Outlines Fight against Piracy

Piracy in the Western Indian Ocean has been a growing threat to security, international shipping and development since the mid-2000s. While bearing all aspects of organized crime, piracy is a complex issue that can only be overcome by combining political and diplomatic efforts with military and legal action, development assistance and strong international coordination. With all these tools at its disposal, the European Union (EU) is in a unique position to contribute to international efforts

Professor in Hot Water for Hosting Costa Concordia Captain

Costa Concordia aground (Photo: WikiCommons)

A professor who invited the disgraced captain of the capsized Costa Concordia to speak at a criminology seminar has been referred to the ethics committee at Rome's La Sapienza University, the university said on Wednesday. Professor Vincenzo Mastronardi held the seminar last month reconstructing the January 2012 shipwreck in which 32 people died, complete with 3D graphics and comments from the ship's captain Francesco Schettino, the university said.

Philippines and Vietnam Form Maritime Alliance

Vietnams Deputy Prime Minister and Foreign Minister Pham Binh Minh and Philippine Foreign Affairs Secretary Albert F. del Rosario (Pic: The Philippines Department of Foreign Affairs)

Vietnam and the Philippines, which have long-standing territorial disputes in the South China Sea, are forming a strategic partnership, reports the National Interest.  Taipei and Manila have signed an agreement spelling out how to settle future law enforcement problems in the shared 250-kilometer-wide Luzon Strait, where fish abound but territorial waters overlap.   Worried over the rise of China and, in particular

OOCL Won't Accept Hanjin Cargo

Hong Kong's Orient Overseas Container Line (OOCL) said it has stopped loading cargoes and containers from South Korea's Hanjin Shipping Co Ltd , which has filed for court receivership. OOCL's cargo units will also no longer be loaded on vessels operated by Hanjin Shipping

Half of Hanjin Boxships Denied Port Access

A Hanjin Containership at Sea (Credit: Hanjin)

Of 98 container ships, 44 blocked from ports. U.S. firms take legal action over unpaid bills. Roughly half of Hanjin Shipping Co Ltd's container vessels have been blocked from ports since the South Korean firm's collapse, putting manufacturers and their customers increasingly on edge about the

Hanjin Sends SoS

Photo: Hanjin Shipping

 As most of  Hanjin Shipping Co's assets are stranded at sea or in ports world-wide, the the South Korean company is seeking to protect assets world-wide.   Hanjin Shipping’s government-backed creditors are ready to provide the collapsed carrier with roughly 100 billion won

Otto Marine’s Two Australian Units May Wind-up

Pic: Otto Marine Limited

 Otto Marine Ltd. said three creditors filed three such applications with the Supreme Court of Western Australia to wind up  its subsidiaries in Australia - Go Inshore Pty and Go Marine Group Pty, says a report in Bloomberg.  

A Hundred Chinese Boats Encroach in Malaysian Waters

Map by San Francisco Bay Area Independent Media Center

 Malaysia has said that more than 100 Chinese fishing boats have been spotted within its Exclusive Economic Zone (EEZ) off Sarawak in the latest incident involving Chinese vessels in the disputed waters.   The boats were sighted near Beting Patinggi Ali, also known as Luconia Shoals

A Hundred Chinese Boats Encroach in Malaysian Waters

About 100 Chinese fishing boats have been detected encroaching in Malaysia's waters in the disputed South China Sea, Malaysia's state news agency and a coastguard official said on Friday.   The reported encroachment on Thursday is the latest action by Chinese vessels to raise concern in

How Politics Impacts OPA 90 Responder Immunity

Steven Candito

Many people today are frustrated with the current U.S. political process as we endure various government stalemates on budgets, Supreme Court appointments, and, of course, the Presidential election. The general theme is voters are angry with the political establishment and, as a result

WWF-Canada Brings Lawsuit Against Shell on Arctic

Two narwhal (Monodon monoceros) surfacing to breathe in Admiralty Inlet, Lancaster Sound, Nunavut, Canada. Photo: WWF-Canada

 WWF-Canada, represented by Ecojustice lawyers, is taking legal action to quash Arctic oil and gas exploration permits that continue to obstruct conservation efforts in Lancaster Sound, Nunavut.   The environmental group believes they “continue to obstruct conservation

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

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.  

Petrobras, SBM Offshore, Brazilian Authorities Reach Settlement

Logo Courtesy SBM offshore

The Ministry of Transparency, Oversight and Control (Ministério da Transparência, Fiscalização e Controle - "MTFC"), the Public Prosecutor's Office (Ministério Público Federal - "MPF")

Otto Marine Launches Second Arbitration Proceedings

Photo: Otto Marine

 Singapore-based offshore marine group Otto Marine, which is in the midst of a takeover offer by its chairman, has taken a second legal action against payment default, reports Strait Times.    Otto Marine said it has commenced arbitration proceedings against Vettal Mega Services

Panama Maritime Authority Eyes More Ships

Image: Panama Maritime Authority

 The Panamanian Maritime Administration is running important market strategies to expand the fleet, the Bulletin Panama quoted Jorge Barakat Pitty, the Administrator of the Panama Maritime Authority (AMP) as saying.    "Thanks to these efforts for the period 2016-2020

Securing the Scorpene: DCNS to Move Court

Photo: DCNS

 The French shipbuilder DCNS plans to seek an injunction to prevent further publication of information contained in 22,400 secret documents about stealth submarines built for India, says The Australian.   The company will seek legal action in the Supreme Court of New South Wales after

More Hanjin Ships Seized, Box Rates Surge & Shippers Fret

About 10 Hanjin vessels effectively seized at China ports; Court says plans to start rehabilitations proceedings soon. Hanjin Shipping Co Ltd vessels have been seized at Chinese ports in the wake of the South Korean firm's collapse, further roiling the industry as freight rates jump and

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