Parties May Not Create Maritime Lien by Agreement

Wednesday, October 11, 2006
The U.S. Court of Appeals for the Fourth Circuit ruled that parties may not create a maritime lien by agreement. In the instant case, a bunker company provided bunkers to a ship that was under time charter. The time charter provided that the charterer had no authority to create a lien against the vessel. The bunkers were supplied in South Africa and Brazil. The bunker contract provided that English law was controlling and the General Conditions Clause provided that the claim would constitute a lien against the vessel. The charterer went bankrupt. The bunker company brought suit against the ship in rem in a US port. The court held that the General Conditions clause of the contract could not be read to provide that US maritime lien law should be applied. Maritime liens are stricti juris and can not be created by contract. Source: HK Law
Maritime Reporter July 2014 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Legal

Lukoil Shipped Canadian Crude from Houston

Russian oil major Lukoil has emerged as one of the first companies to buy Canadian crude re-exported from a U.S. port, shipping one cargo last month to its refinery in Augusta,

North Sea OSVs Liable to Detention if MLC Non-compliant

The Maritime Labour Convention (MLC), an international agreement which safeguards the employment rights, working conditions and health care of seafarers, came into force in the UK on 7 August.

Man Arrested over Death of Stowaway in Shipping Container

A man was arrested in Northern Ireland on Tuesday on suspicion of murder after the death of an Afghan Sikh who was among 35 suspected stowaways found in a shipping

 
 
Maritime Careers / Shipboard Positions Maritime Contracts Maritime Security Naval Architecture Navigation Pod Propulsion Port Authority Salvage Ship Repair Shipbuilding / Vessel Construction
rss | archive | history | articles | privacy | terms and conditions | contributors | top maritime news | about us | copyright | maritime magazines
maritime security news | shipbuilding news | maritime industry | shipping news | maritime reporting | workboats news | ship design | maritime business

Time taken: 0.1166 sec (9 req/sec)