Lack of Ship Definition is a Threat to Investors
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.
Bunker Suppliers Applaud EU Waste Decision
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.
AKD Prinsen Van Wijmen Expands Transport Law Team
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.
