Tag Archives: Maritime Law

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Four Pillars Of International Maritime Law

Executive summary International maritime law stands on four strong pillars, namely Law of Sovereignty of Nations, Law of Freedom of the High seas, Law of Freedom of Contract and Legal Personality of a Ship. Each country is sovereign within is own political boundries, in which

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Maritime Frauds

As a general rule, fraud is usually against ignorance of another and is not seen as a fraud, till it is too late.  A successful maritime fraud being International in nature, involves parties in different countries, thousands of miles away and mostly unknown to each

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Maritime lien

 In common law, a lien is right of creditor to retain properties of his debtor until the debt is paid. Maritime lien is a privileged claim on a ship for services rendered to HER, or injuries caused by HER. It is a proprietary lien on the

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Mareva Injunction

Asset Freezing is a legal process to prevent a defendant to  dissipate  his assets beyond jurisdiction of a court to frustrate a potential judgment in favour of the claimant. Such a legal order freezes  assets of the defendant and has wide effect to restrain breaches of the process of a court. But

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Flag of convenience

International Maritime Law requires that every merchant ship be registered in a country called its flag state. Once registered, she operates under its laws in her home country and on the high seas. Term flag of convenience means registering a merchant ship in a sovereign state different

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Force Majeure and the Law

 Term “FORCE MAJEURE” refers to an irresistible force or an unforeseen event beyond the control of a party, making it materially impossible to fulfill a contractual obligation. It maybe an overpowering force by itself, which prevents fulfillment of a contract and does not allow it to be