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.
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
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
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)
US Supreme Court Hears Intertanko Oral Argument
On Dec. 7 the US Supreme Court heard the oral arguments of Intertanko, the US federal government, and the State of Washington in the State of Washington tanker regulations case. The hearing lasted just over one hour, with the Intertanko counsel using 15 minutes, the Justice Department 15 minutes and the lawyer for Washington State 30 minutes. This was followed by questions from the justices and a final summing up, with two minutes allowed to each of the three parties
Mauritania Aims to Annul Disputed Oil Amendments
Mauritania's government vowed to use all possible legal actions to try to annul disputed amendments to oil production sharing contracts signed with Australia's Woodside Petroleum Ltd. The dispute threatens to overshadow the scheduled production start-up this month of a major offshore oil project operated by Woodside, which will turn the poor, largely desert-covered West African state into the continent's newest oil producer
Overworked Mate Sets Legal Precedent
A former Maersk chief officer was awarded substantial damages by a Florida court after suffering heart damage as a result of working excessive hours A recent court ruling in Florida leaves shipowners facing the threat of legal action from seafarers who feel that their working conditions at sea have contributed to poor health, both in the US and other jurisdictions, lawyers have confirmed, reports 'Intermanager'.
Chinese Liftboat Hoists Shell's 'Noble Discoverer'
'Noble Discoverer', the massive drillship that is an integral part of Royal Dutch Shell's Arctic oil drilling ambitions, is getting a lift to Asia. The drill rig has been loaded onto the cargo deck of another vessel, the 708-foot Chinese-flagged heavy lift ship Xiang Yun Kou, which arrived in Resurrection Bay, not far from the Alaskan community of Seward, reports the Alaska Dispatch. Under the watchful eye of the Coast Guard, the Xiang Yun Kou began lowering itself into the water
Europe's Atlantic Action Plan Unveiled
The European Commission has adopted an Action Plan to revitalise the marine & maritime economy in the Atlantic Ocean Area. The Action Plan aims to show how the EU's Atlantic Member States, their regions and the Commission can help create sustainable growth in coastal regions and drive forward
Harkand Makes Several Senior Appointments
Harkand strengthened its senior management team with the appointment of three senior figures as the company embarks on the next stage in its growth strategy. Kevin Gorman has joined as vice president of HR. One of two new newly created group positions
Counter Piracy Commander Warns of Continuing Threat
The Operation Commander of the EU Naval Force, Rear Admiral Bob Tarrant, has issued a renewed warning that Somali pirates are still determined to get out to sea and, if presented with an easy target, will attack. “I am very concerned that seafarers and nations will lower their guard and
Hill Dickinson Announces Promotions
Hill Dickinson’s market-leading marine, trade and energy group announced its latest series of promotions. A total of eight promotions have been made across the group’s yacht, shipping and energy and commodities teams. Pawel Wysocki
American Investors and Colombian Government Battle over $17 Billion Treasure Salvage
A group of investors sued the Colombian government for preventing American salvage group Sea Search Armada from recovering San Jose, a ship that sank in 1708, often referred to as the “Holy Grail of Shipwrecks.” With numerous court rulings throughout the years
Key Salvage Issues for 2013 – and Beyond…
This is a good time to look aft and reflect on the accomplishments achieved in 2012, as well as to the distant horizon to see what challenges loom in 2013, and beyond. It is fair to say that the Coast Guard and salvage industry have come a long way in the last few years with implementation of a
HK Container Terminal Strikers Camp on Owner's Doorstep
Striking dockers step up their action outside owner Li Ka-shing's office building to urge Asia's richest man to intervene. According to the South China Morning Post research has shown that the industrial action could have cost the port operator, Hutchison Port Holdings Trust
Using Mediation: Eliminate Risk and Conserve Litigation Expenses
When doing business in the maritime industry, someone will inevitably file a legal claim against your company, or you will file a claim against someone else. Although litigation is always good for your legal team, it is often not good for the litigants
Crime on Board: IMO Legal Committee Draft Guidelines
The Legal Committee of the International Maritime Organization (IMO), has drafted advice for masters of ships on preservation & collection of evidence. Draft guidelines on the preservation and collection of evidence following an allegation of a serious crime having taken place on board a ship
Maritime Industry Council Established in Dubai
Dubai Council for Marine and Maritime Industries, the umbrella industry body representing the marine and relevant industry, had its first introductory member’s meeting. The meeting sought to introduce the members, lay the broad framework for future operations
Former Congress Lawyer to Serve as AdvanFort Legal Counsel
AdvanFort Company said attorney Sheila R. Schreiber has come onboard as its in-house legal counsel. Schreiber brings experience in the private and public sectors. She is a former litigation partner with Howrey LLP, served as counsel to the U.S
SRI Survey: Seafarers and Criminal Law
Seafarers’ suggestions on how to improve their situation when facing criminal charges were presented at the landmark 100th session of the Legal Committee of the International Maritime Organization (IMO) which met in London from April 15-19, 2013.
CLIA Welcome 'Whodunit' Proposals
Cruise Lines International Association (CLIA) commend the International Maritime Organization's (IMO) Legal Committee's proposals for on-board crime procedures. The International Maritime Organization's (IMO) Legal Committee recently adopted a proposal which CLIA co-sponsored on international
Great Lakes June 2013 Symposium
Cleveland Metropolitan Bar Association is to present a public program featuring a range of important issues concerning the Great Lakes. The Great Lakes Symposium is a first-of-its- kind public program focusing on timely legal issues impacting the Great Lakes
Star Bulk Proposes $75 million Backstopped Equity Rights Offering
Star Bulk Carriers Corp. announced that its Board of Directors approved a backstopped equity rights offering, which will allow the company to raise equity capital through the sale of its commonshares. The proceeds are expected to be primarily used for orders for fuel-efficient dry bulk vessels