A claim by a local shipyard for monies owing to it under a ‘settlement agreement’ reached between it and its debtor was not an admiralty claim within the High Court Admiralty Jurisdiction Act, the High Court ruled. Some time at the end of 1999, the
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
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
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
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
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
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