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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


Environmentalists Sue BOEM over Shell Plan to Drill in Arctic

Image credit: The Climate Desk

 Ten major environmental groups filed a lawsuit on June 2 challenging the federal Bureau of Ocean Energy Management's (BOEM) approval of Royal Dutch Shell's exploration plan for drilling in the Chukchi Sea this summer.   The lawsuit seeks a review of permits granted to Royal Dutch


More Legal Woes for Bankrupt OW Bunker

Pic: OW Bunker

 A group of 27 Danish institutional investors say they will launch a legal action against the former management of OW Bunker, a shipping company that filed for bankruptcy last year just six months after listing, and the private equity firm that brought the company to market.  


Maritime, Migration Heads Pledge Joint Action

Sekimizu (left) and Swing pledged to work together on a number of specific actions, including the establishment of an inter-agency platform for information sharing on unsafe mixed migration by sea and the dissemination of information material on the dangers of such migration, in collaboration with other interested agencies. (Photo: IMO)

The heads of the International Maritime Organization (IMO) and the International Organization for Migration (IOM) on Monday, June 29 reaffirmed their commitment to urgently address the humanitarian crisis arising from the dramatic increase in unsafe mixed migration across the oceans and seas in


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


Belgian Law Firm Says Contacted by OW Bunker Investors

Photo: OW Bunker

Belgian law firm Deminor said it had been contacted by 15 to 20 investment firms considering legal action over the failure of OW Bunker, the world's largest shipping firm which filed for bankruptcy a week ago. Deminor, which specialises in representing institutional investors in class actions


OW Bunker to Meet Liquidator; Ship Arrests Continue

OW Bunker owes financers more than $750 million-creditor data; six more vessels arrested; 7 in total. The Singapore arm of bankrupt Danish shipping fuel trader OW Bunker will meet with its liquidator KPMG in early December to discuss the firm's outstanding debt, which totals almost $1


Shippers Take Measures to Limit OW Bunker Fallout

Shipping firms have paid millions of dollars into U.S. accounts to prevent their vessels from being detained due to non-payment of bills for fuel supplied by the bankrupt OW Bunker, indicating the impact from the collapse of the Danish firm was spreading.


Illegal Fishing Vessels in Southern Ocean

Illegal fishing vessels fail to comply with New Zealand Navy’s attempts to board   The captains of two illegal vessels in the Southern Ocean have refused to allow the New Zealand Navy to board after HMNZS Wellington hailed and attempted to board both vessels


Fugro Opposes Boskalis Legal Action

Fugro logo

  Fugro received a writ of summons from Boskalis to force a shareholder vote at its annual shareholders meeting scheduled for 30th April 2015 on a recommendation in respect of one of Fugro's three protective measures, i.e. the Foundation Continuity Fugro ("Stichting Continuïteit


Malayasia, Indonesia to Discuss Maritime Boundary Issues

Map by Australian War Memorial

 Malaysian Deputy Prime Minister Tan Sri Muhyiddin Yassin and his Indonesian counterpart Jusuf Kalla are expected to discuss maritime boundary issues during his three-day official visit to Indonesia starting Today (Tuesday).   Malaysian Ambassador to Indonesia Datuk Seri Zahrain


UK Summons Argentine Ambassador over Falklands' Comments

Britain said on Thursday it had summoned the Argentine ambassador to explain the latest war of words over the disputed Falkland Islands which included a threat to prosecute British energy firms operating in the area. Last week, Premier Oil Plc and Falkland Oil and Gas Ltd said they had made an


Rough Seas Sends Greenpeace Home

Greenpeace activists repelled from Seattle-bound oil rig. Pic provided by Greenpeace

 Six Greenpeace activists opposed to offshore drilling in the Arctic have abandoned a Seattle-bound drill rig they boarded in the Pacific Ocean six days ago.   Rough seas prompted the decision, Greenpeace said.  The protesters rappelled off the an oil rig leased by Royal Dutch


UN Cautiously Optimistic with EU Migrant Plan

The United Nations refugee agency said on Friday the European Union's plan to triple its naval search mission in the Mediterranean for migrants was an "important first step towards collective European action." In a statement issued in Geneva


Indian Sailors Return Home after Five Month

Image: Arab Shipbuilding and Repair Yard

 Fourteen Indian troopers, who have been stranded on board an oil tanker off the coast of Bahrain since December have lastly left for home, says a report in Gulf Daily news.   They were among the 16-member crew of Mongolian vessel MT Surya Kuber


Cambodia: ASEAN Should Stay out of South China Sea Fracas

Cambodia threw its support on Thursday behind China's position on settling South China Sea disputes, arguing that territorial conflicts should be tackled between claimants and not involve the regional ASEAN grouping. In a rare foray by a non-claimant state into the most sensitive issue facing






 
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