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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


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


Professor in Hot Water for Hosting Costa Concordia Captain

Costa Concordia aground (Photo: WikiCommons)

A professor who invited the disgraced captain of the capsized Costa Concordia to speak at a criminology seminar has been referred to the ethics committee at Rome's La Sapienza University, the university said on Wednesday. Professor Vincenzo Mastronardi held the seminar last month reconstructing the January 2012 shipwreck in which 32 people died, complete with 3D graphics and comments from the ship's captain Francesco Schettino, the university said.


Philippines and Vietnam Form Maritime Alliance

Vietnams Deputy Prime Minister and Foreign Minister Pham Binh Minh and Philippine Foreign Affairs Secretary Albert F. del Rosario (Pic: The Philippines Department of Foreign Affairs)

Vietnam and the Philippines, which have long-standing territorial disputes in the South China Sea, are forming a strategic partnership, reports the National Interest.  Taipei and Manila have signed an agreement spelling out how to settle future law enforcement problems in the shared 250-kilometer-wide Luzon Strait, where fish abound but territorial waters overlap.   Worried over the rise of China and, in particular


IMO’s Legal Committee to Promote HNS 2010

Photo: International Maritime Organization (IMO)

 International Maritime Organization (IMO)'s Legal Committee is expected to consider adopting a resolution to encourage the ratification and implementation of the 2010 HNS Convention, when it meets for its 104th session (26-28 April).   


UN Conference Opens, Call to Protect Oceans for Future Generations

Pic: Photo taken from UN News Centre Video

 Opening the Ocean Conference, UN officials stressed the need to protect and conserve the world's oceans for future generations. Opening a “game-changing” international conference on the health of the world’s oceans and seas


OW Bunkers Investors in Legal Action Against IPO Banks

A group of 24 Danish institutional investors in OW Bunker has decided to issue a writ against Carnegie and Morgan Stanley, accusing them of misleading investors ahead of the 2014 listing of the now bankrupt marine fuel oil supplier.  


Germany Awards $2.4 Bln Naval Shipbuilding Contract

The German defence procurement agency said on Tuesday it has awarded a contract valued at nearly 2 billion euros ($2.4 billion) to a consortium of shipbuilders led by Lurrsen Werft for five new corvettes to be delivered from 2022 to 2025.  


Panama Maritime Authority Eyes More Ships

Image: Panama Maritime Authority

 The Panamanian Maritime Administration is running important market strategies to expand the fleet, the Bulletin Panama quoted Jorge Barakat Pitty, the Administrator of the Panama Maritime Authority (AMP) as saying.    "Thanks to these efforts for the period 2016-2020


Securing the Scorpene: DCNS to Move Court

Photo: DCNS

 The French shipbuilder DCNS plans to seek an injunction to prevent further publication of information contained in 22,400 secret documents about stealth submarines built for India, says The Australian.   The company will seek legal action in the Supreme Court of New South Wales after


More Hanjin Ships Seized, Box Rates Surge & Shippers Fret

About 10 Hanjin vessels effectively seized at China ports; Court says plans to start rehabilitations proceedings soon. Hanjin Shipping Co Ltd vessels have been seized at Chinese ports in the wake of the South Korean firm's collapse, further roiling the industry as freight rates jump and


OOCL Won't Accept Hanjin Cargo

Hong Kong's Orient Overseas Container Line (OOCL) said it has stopped loading cargoes and containers from South Korea's Hanjin Shipping Co Ltd , which has filed for court receivership. OOCL's cargo units will also no longer be loaded on vessels operated by Hanjin Shipping


Half of Hanjin Boxships Denied Port Access

A Hanjin Containership at Sea (Credit: Hanjin)

Of 98 container ships, 44 blocked from ports. U.S. firms take legal action over unpaid bills. Roughly half of Hanjin Shipping Co Ltd's container vessels have been blocked from ports since the South Korean firm's collapse, putting manufacturers and their customers increasingly on edge about the


Hanjin Sends SoS

Photo: Hanjin Shipping

 As most of  Hanjin Shipping Co's assets are stranded at sea or in ports world-wide, the the South Korean company is seeking to protect assets world-wide.   Hanjin Shipping’s government-backed creditors are ready to provide the collapsed carrier with roughly 100 billion won


Otto Marine’s Two Australian Units May Wind-up

Pic: Otto Marine Limited

 Otto Marine Ltd. said three creditors filed three such applications with the Supreme Court of Western Australia to wind up  its subsidiaries in Australia - Go Inshore Pty and Go Marine Group Pty, says a report in Bloomberg.  


Wiswall Receives International Maritime Prize

Dr. Frank Lawrence Wiswall Junior (Photo: IMO)

Maritime lawyer Dr. Frank Lawrence Wiswall Junior, former Chair of the International Maritime Organization (IMO) Legal Committee and Vice President (Honoris Causa) of the Comité Maritime International (CMI), has received the International Maritime Prize for 2015 for his contribution to the


Singapore to Hong Kong: Give us back our troop carriers

Singapore welcomes Hong Kong pledge on handling of dispute. Singapore's defence minister on Monday said the nine armoured vehicles seized in Hong Kong could not be detained or confiscated, but that he welcomed Hong Kong's pledge for the dispute to be handled in line with its laws.


Hamburg Elbe Dredging Plan Needs Improvement

The port of Hamburg, Germany (CREDIT: AdobeStock)

Plans to dredge the river Elbe in Hamburg must be improved before a stop order on the work is lifted, a German court ruled on Thursday, raising the risk of more delay to work to deepen Germany's biggest port and open it up to new container ships.  


Mississippi Mishap: Bridge Allision Triggers 2-Year License Defense

© Joe Sohm / Adobe Stock

Professional captains and pilots in all sectors of the maritime industry confront daunting challenges and hazards every day on every trip. From piloting oceangoing ships into congested harbors and safely docking them, to navigating ferries, tourist vessels and water taxis through harbors and






 
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