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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.


French Ferry Firm Loses State Aid Appeal

Photo: SNCM

Cash-strapped ferry operator SNCM looks set to seek legal protection from its creditors after Europe's highest court ruled on Thursday it must pay back 220 million euros ($289 million) of French state aid. SNCM, owned 66 percent by transport group Transdev, has racked up losses as low-cost competitors have eaten away its market share and is fast running out of funds. Transdev - itself a joint venture between water and waste firm Veolia and French state bank CDC - has said it will not put


Ship Arrested, More Claims Emerge Against OW Bunker

Photo: OW Bunker

Fuel barge Laguna, carrying oil sold by Hin Leong to OW Bunker, arrested. Total claims against OW Bunker Far East and Dynamic Oil now over S$5 mln. Oil firms stepped up legal action against the Singapore units of bankrupt ship fuel trader OW Bunker with the arrest of a ship fuel delivery barge


OW Bunker Collapse Rattles Singapore Bunker Markets

Major oil companies, trade firms to expand market share; tight credit hits small retailers. The collapse of OW Bunker in the wake of an alleged fraud at its Singapore trading unit will shake up the city state's more than $25 billion marine fuel market, the world's largest


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


Djibouti, DP World in Legal Spat

Djibouti (Image: Google Maps)

Djibouti said it had started legal action against DP World, seeking to rescind the Dubai-owned port operator's concession in Africa's largest container terminal in a row over how the contract was awarded. "The resulting agreement unfairly favoured DP World


Citi Has $280m Tied into China Ports at Center of Metals Probe

Citigroup Inc has about $280 million in loans tied to commodities in two Chinese ports which are at the center of a probe into possible fraud, a senior executive said on Friday, becoming the first U.S. bank to disclose its potential exposure.


Citigroup Seeks British Court Backing on China Metals Claims

Citigroup Inc said on Friday it has started proceedings in commercial court in London to enforce its rights over $285 million of financing at two ports in China, where metals are believed to have gone missing. Citigroup said it initiated the action on July 22 after a business counterparty and a


StanChart Takes Provision for Suspected Qingdao Fraud

Standard Chartered Plc said its $175 million provision to cover its exposure to suspected commodities fraud in China was the result of a conservative view of possible costs but didn't believe there were widespread problems in the sector. Chinese authorities launched an investigation in May into


Bangladesh Ferry Owner Arrested on Murder Charge

A special Bangladesh anti-crime unit on Wednesday arrested the owner of a ferry that sank in a river killing about 110 people, the first time authorities took such action in a country where shipping accidents with heavy loss of life are common.


Tanker Carrying Kurdish Crude Changes Course toward Cyprus

A tanker carrying 300,000 barrels of Kurdish crude oil has changed its destination to Limassol, Cyprus, as it returned from the United States without delivering its disputed cargo to a New Jersey refiner. The Minerva Joy tanker had previously listed its destination as "Gibraltar orders


Ivory Coast to File Legal Complaint over Ghana Border Row

Ivory Coast to file legal complaint over Ghana border row

  Ivory Coast said on Friday it would file a complaint with an international jurisdiction after Ghana took legal action to resolve a dispute over the two nations' maritime border in an area rich in hydrocarbons. British firm Tullow Oil has licences in Ghanaian waters near to the boundary


Opposition Builds to UK Nuclear Project in EU Executive

Nuclear power plant

  A landmark deal to use British taxpayers' money to build a 16 billion pound ($25.6 billion) nuclear power station has triggered opposition from a quarter of EU policy-makers, who want to overturn approval from the top European regulator, EU sources said.


IMO to Review BWM System Type Approval Guidelines

As proposed by INTERTANKO and its industry partners, the IMO has agreed to commence a review of the ballast water management system (BWMS) type approval guidelines (G8) and at the same time agreed not to penalise those owners who have already installed BWMS that are approved in accordance with the


Testing US Oil Export Ban Carries Risks

Companies eager to export U.S. oil face fines and other risks if they stray from government-approved practices, trade lawyers said this week, but the challenge is figuring out what the government allows because its rulings have so far been private.


Fuel Scandal Sends Traders Scrambling, Investors Eye Lawsuits

Photo: OW Bunker

Traders and shipping companies scrambled to source fuel and take over supply contracts on Friday after Danish marine fuel supplier OW Bunker said a suspected fraud at its Singapore subsidiary had pushed it to the brink of bankruptcy. The alleged fraud at Singapore-based subsidiary Dynamic Oil






 
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