Akd News

Six European shortsea and feeder ship operators have filed an official complaint to the European Commission, claiming International Transport Workers’ Federation (ITF) attempts to force ships to use dockers for container lashing violate EU competition law.In a letter to the Directorate-General for Competition dated May 19, 2020, the operators call for an official investigation into the ITF and affiliated Dutch union FNV Bondgnoten, and their campaign to compel operators to stand down seafarers from shipboard container lashing.

Rotterdam-based law firm AKD says a recent revision of the Brussels I Regulation makes it possible to quickly attach assets anywhere in the EU if parties include in their contracts a choice of forum clause conferring jurisdiction on the Rotterdam court. The Brussels 1 Regulation provides uniform rules throughout the EU on international jurisdiction and the recognition and enforcement of civil and commercial judgments. Bart-Jan van het Kaar, a lawyer with AKD, explains,”The revised Brussels 1 Regulation, which came into effect on January 10, 2015, introduces an important change.

Rotterdam-based law firm AKD has completed the sale at auction of the container vessel Caribbean Sea in the courts of Aruba following its arrest by Rabobank for outstanding mortgage debts in excess of $28 million. The entire arrest and auction process was completed in just 20 days. The 2007-built vessel arrived and was arrested in Aruban waters on March 25, 2015 as security against an outstanding debt of $28,398,786, and was sold at auction on April 14. AKD partner Haco van der Houven van Oordt…

AKD says the lack of an unambiguous term to describe a ‘ship’ in several jurisdictions represents a potential threat to asset security for financiers, particularly in the offshore and renewable energy sectors. AKD partner Haco van der Houven van Oordt says, “In many jurisdictions, including the US and the UK, there appears to be no clear definition of a ship. A recent Tulane Maritime Law Journal study illustrated how a variety of floating objects which have no means of propulsion and/or ability to carry cargo or passengers cannot easily be registered as a ship.

Rotterdam-based law firm AKD said a recent decision of the Dutch courts means that shipyards in The Netherlands may no longer be able to rely on the right to retain a vessel while awaiting payment for work done. As a result of this unexpected decision, shipyards could be forced to completely rethink their strategy on obtaining security, at a time when money remains tight in the shipping industry. The dispute before the Gelderland Court involved two tankers under construction at the Markerink yard in the Netherlands. Upon completion of building, it was the intention of Rijndec Quality Control to transfer ownership of the vessels to two separate affiliated companies, Rijndec Trading and Rijndec Shipping.

Rotterdam-based law firm AKD says shipping and international trade and logistics operators should welcome a recent decision by European Justice Ministers which will improve their chances of successfully recovering money owed to them by trading partners in EU countries by effectively opening the door to the Europe-wide freezing of bank accounts. At the end of December, 2013, European Justice Ministers reached agreement on the European Account Preservation Order (EAPO), which will facilitate the recovery of cross-border debt claims throughout the EU.

Recent guidance handed down by the European Court of Justice which rules that off-spec fuel oil does not have to be handled as waste is a triumph of common sense which will be welcomed by all suppliers of fuel oils and bunkers. Shell Nederland and Shell Belgium were disputing a ruling by the Dutch environmental authorities (ILENT) which wanted to force them to handle a parcel of diesel oil rejected by a Belgian client as waste, when in fact Shell intended to up-blend the fuel to specification for selling on. Carel van Lynden, a partner with the shipping and offshore team at AKD in Rotterdam, says, “This is a good decision for bunker suppliers. This case reverses the very strict interpretation which ILENT had placed on off-spec bunkers.

Rotterdam based law firm AKD said a recent landmark decision of the European Court of Justice in Luxembourg definitively puts its weight behind forum shopping to limit liability under the CMR Convention in carrier-friendly countries. This is a boon to the Dutch jurisdiction and specifically comes at the expense of the courts in Germany. The ruling had its origins in a dispute between cargo interests and carriers involving the theft of four consignments of Canon cameras during…

Rotterdam-based law firm AKD says that creditors of ailing shipping groups such as STX Pan Ocean of South Korea, and TMT of Taiwan, could seek to take advantage of prevailing bankruptcy laws to enforce vessel arrests and other attachments in the Amsterdam-Rotterdam-Antwerp (ARA) region. Haco van der Houven van Oordt, a partner with the shipping and offshore team at AKD in Rotterdam, said, “The recent reports of bankruptcies and voluntary liquidation proceedings involving shipping companies have now reached levels which exceed any in recent memory. STX Pan Ocean, South Korea’s largest dry bulk operator, has reportedly obtained bankruptcy…

Netherlands law firm AKD has appointed Jan Kromhout as a partner in its shipping and offshore team.Jan began his career in Rotterdam with the law firm Nauta Dutilh. In 2005 he joined the leading operator in the international market for heavy marine transport, where he became head of the legal department and where he also gained extensive experience of arranging contracts involving the oil and gas industry Jan works closely with shipping companies in drawing up transport contracts, arranging charter  parties, co-operation agreements, shipbuilding contracts and vessel financing arrangements.

In the wake of an independent report recommending the Netherlands government to provide Dutch shipowners with better levels of protection against piracy, including the hiring of armed guards, Netherlands law firm AKD says that shipowners who directly hire armed personnel themselves could face criminal prosecution. The so-called De Wijckerslooth Committee report was designed to assess the desirability and possibility of deploying private sector armed security to help protect Dutch ships from the threat of attack by (mainly Somali) pirates. It recommends that the Dutch government moves towards a higher level of protection of its merchant fleet including, “if necessary”, the use of armed private security guards.

Netherlands law firm AKD says that, while beleaguered shipowners may be looking increasingly to Chapter 11 filings in the United States to protect their financial interests, the fact is that Chapter 11 does not enjoy the force of law throughout the world, and certainly not in The Netherlands. Haco van der Houven van Oordt, head of the shipping & offshore team at AKD’s headquarters in Rotterdam, says, “Nobody – and that includes the banks - wants to see shipping companies forced out of business. On the other hand, one cannot expect the banks to forgo the opportunity to ring-fence their losses in cases where they deem this to be the most propitious course of action.

Offshore Solutions B.V. (OSBV), the joint venture between AMEC and Cofely Nederland N.V., has launched a free standing Offshore Access System (OAS) designed to significantly reduce installation time. OSBV has worked with Lowestoft-based, AKD Engineering to convert an existing OAS into a free standing skid mounted unit. The new design will allow quayside installation to be completed in a day and eliminate the need for structural modifications to the vessel to accommodate the pedestal both above and below the deck. The 80 cu.m.

Netherlands law firm AKD Prinsen Van Wijmen says a recent decision of the Dutch Supreme Court indicates that, whilst Holland remains an extremely carrier-friendly jurisdiction for disputes under the Convention on the Contract for the International Carriage of Goods by Road (CMR), a much stricter approach is to be adopted to the Act of God exemption from liability for loss and damage under CMR. In its April 24 decision in Philips Electronics NV v Vos Logistics, the Supreme Court upheld the earlier decisions of the court of first instance and the Court of Appeal in finding that Vos Logistics could not rely on the CMR Article 17 (2) Act of God defence in respect of the theft of a consignment of electrical goods whilst enroute by road from Belgium to Warsaw, Poland.

AKD Prinsen Van Wijmen, one of the largest law firms in the Netherlands, is expanding its transport law team. Effective October 15, three partners and three associates are joining AKD from the Rotterdam office of law firm NautaDutilh. Frans de Vries Lentsch. Also making the move are Emily Derogee van Roosmalen, who heads up the Netherlands arbitration platform, Transport and Maritime Arbitration Rotterdam-Amsterdam (TAMARA), Taco van der Valk, researcher, maritime and transport law, and Haco van der Houven van Oordt. They will join AKD's existing transport and insurance division, which currently has two partners, Leo Boersen and Carel van Lynden.

Shipowners who find their vessel has been arrested in the Netherlands need to be careful when putting up security to get the ship released quickly. Recent case law shows that even if the owner has a strong case in rejecting the claim, it may still have to wait until the very final judgement before being able to reduce the security. In the worst case scenario this may take several years, if conditions for security reduction are not specifically agreed at the outset. Netherlands is of course well known as a ship arrest paradise. To prevent unnecessary costs and delays, shipowners have the option of providing security in exchange for an arrested vessel’s release. This is usually done on Rotterdam Guarantee Form 2000.

AKD Prinsen Van Wijmen, one of the largest law firms in the Netherlands, is moving its Rotterdam-based shipping, transport and insurance team to a new office on Rotterdam's Admiraliteitskade. Effective February 1, 2003, AKD's Rotterdam office will be located at: AKD Prinsen Van Wijmen Admiraliteitskade 50 3063 ED Rotterdam PO Box 4302 3006 AH Rotterdam Tel: +31 (0) 10 272 5300 Fax: +31 (0) 10-272 5400