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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


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


Chinese Liftboat Hoists Shell's 'Noble Discoverer'

Alaska Lifting Operation: Photo courtesy of USCG

'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


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


China's Vast Warehouse Sector Comes Under Scrutiny

  Shaken by a fraud investigation into metal financing in the world's seventh-busiest port, banks and trading houses have been made painfully aware of the risks they face storing commodities in China's sprawling warehouse sector.


China Arrests Vietnamese Fishermen for Territorial Breach

  Six Vietnamese fishermen have been detained by the crew of a Chinese vessel in the South China Sea, officials of both countries said on Friday, the latest in a two-month fracas between the Communist neighbours over maritime sovereignty.


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.


China Warns Japan, Philippines Chastises China

China warned Japan on Friday to stay out of a growing dispute with its neighbors over the South China Sea, as the Philippines implicitly accused Beijing of delaying talks aimed at a solution. China claims almost the entire South China Sea, rejecting rival claims to parts of it from Vietnam


Tanker with Piped Iraqi Kurdish Oil U-Turns Away from US

A crude oil tanker at the centre of a dispute between Iraqi Kurdistan and Baghdad has reversed course from its route towards the United States, ship-tracking data showed on Friday, indicating that the shipper may not have a buyer. The United Leadership oil tanker has become a symbol of a wider


Denmark Sets Plan to Deter ECA Marine Fuel Cheats

Bunkering: File photo CCL

The Danish Maritime Authority (DMA) considers it important that no shipowner should gain a competitive advantage by cheating on bunker fuel content when new stricter requirements for ship exhaust gas sulphur emissions take effect in the ECA on 1, January 2015


China Again Rejects Sea Dispute Arbitration

China on Wednesday rejected an arbitration tribunal's ruling giving it six months to respond to a case filed by the Philippines over disputed waters, saying it has no plans to take part. China claims almost the entire South China Sea, rejecting rival claims to parts from Vietnam, the Philippines


Italy Warns Oil Traders off Kurdish Tanker

Italy sees possible Iraqi legal action over Kurdish oil; Kurds, Baghdad battle over sales from autonomous region. Tanker of Kurdish oil currently floating off Morocco. Italy has warned oil traders they face potential legal action from Baghdad if they buy disputed exports of crude from Iraqi


Second Tanker of Kurdish Oil Leaves Turkey Despite Baghdad Protest

A second shipment of Iraqi Kurdish crude has sailed from the Turkish port of Ceyhan, industry and government sources said, increasing the stakes in a battle with Baghdad over control of oil sales from the autonomous region. The United Emblem suezmax tanker, carrying 1 million barrels of crude


EU Air Pollution Laws to Align with MARPOL Vl: Legal Briefing

Frontispiece courtesy of UK P&I Club

The UK P&I Club has issued a 'Legal Briefing' to share its legal expertise and experience on the stricter air pollution regulations that are on the horizon. By 18th June 2014 all European Union member states are expected to implement directive 2012/33/EU


China: No Military Force to Settle Oil Rig Spat

A Chinese official said on Friday that China will never send military forces to the scene of an increasingly ugly spat with Vietnam over an oil rig in the South China Sea, and accused Hanoi of trying to force an international lawsuit. China claims about 90 percent of the South China Sea


China Never To Send Military To Oil Rig Spat With Vietnam

A Chinese official said on Friday that China will never send military forces to the scene of an increasingly ugly spat with Vietnam over an oil rig in the South China Sea and accused Hanoi of trying to force an international lawsuit.


China Scolds Vietnam over China Sea Rig Row

China's top diplomat scolded Vietnamese officials during talks in Hanoi on Wednesday for "hyping up" a row over a Chinese oil rig drilling in disputed waters in the South China Sea, in tough comments that suggest relations will remain rocky.


Israel Accepts 1st Delivery of Disputed Kurdish Oil

A tanker delivered a cargo of disputed crude oil from Iraqi Kurdistan's new pipeline for the first time on Friday in Israel, despite threats by Baghdad to take legal action against any buyer. The SCF Altai tanker arrived at Israel's Ashkelon port early on Friday morning






 
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