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Maritime Blogs

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ACROSS the river from the International Maritime Organisation (IMO) headquarters in London protesters have pressure-hosed “IMO DON’T SINK PARIS” into the muck lining the walls of the Thames. The river bank is not the only thing that is dirty.

Shipping and airlines were the only greenhouse-gas-emitting industries not mentioned in the 2016 Paris climate agreement. This was, in part, because assigning emissions is hard. To whom should you designate emissions for shipping Chinese goods, made with South Korean components, across the Pacific to American consumers? But similar problems did not stop airlines quickly agreeing on an industry-wide limit. This week delegates to the IMO, a United Nations agency responsible for shipping safety and pollution, met in a belated attempt to catch up. A deal was due last week.

It may not be an impressive one. A preliminary agreement set out to achieve cuts of 50% on 2008 emission levels by 2050. Ambitious nations, like those in Europe, think the industry should be carbon-free by then. Shipping produces 3% of the world’s greenhouse-gas emissions, similar to an economy the size of Germany’s, and that is likely to grow.

Lack of cleaner shipping technology is not a constraint. New design standards are already lowering harmful emissions. Zero-carbon fuels are becoming available. Slowing ships down by 10% could reduce fuel usage by almost a third.

Diplomats argue that the slow progress is because their actions affect not just the shipping industry, but exporters too. If regulators move too aggressively they may reduce the competitiveness of seaborne trade. For instance, Brazil, a big exporter of iron ore to China, fears overzealous caps could drive shipping costs higher, helping its competitor, Australia, whose ores travel a quarter as far as Brazil’s. The idea of slowing vessels down draws ire from countries that export perishable goods, like cherries and grapes, as Chile does.

Others argue that powerful lobbyists have hijacked the process. A report by InfluenceMap, a research firm, found that at a recent IMO meeting 31% of nations were represented, in part, by direct business interests. Thomas O’Neill, one of the firm’s researchers, is irked by the power of business at the IMO. “In Paris, we did not have coal companies telling us what was possible.”

Countries with large shipping registers can have starkly different interests. The Marshall Islands, a low-lying nation keen to allay climate change that is also home to the world’s second-largest shipping registry, leads the call for drastic cuts. Its president co-authored a vociferous op-ed in the New York Times last week calling for swift action. But Panama, which has the biggest shipping registry, is an opponent. Japanese firms sail many ships under its flag. InfluenceMap says it may be the biggest obstacle to ambitious emissions curbs. Slow sailing indeed.

CREDITS: economist.com

 

 

 

 

 

 

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Selections for Diploma in Nautical Science (DNS) leading to a BSc in Applied Nautical Science (ANS) degree are in progress for the Aug 2018 batch. Eligible and interested students are invited to any of the locations mentioned below for a walk in test followed by first round of interview.

DNS is a sponsored course and the IMU-CET is mandatory for DNS course. The IMU-CET for the August 2018 batch will be held in May 2018. Please visit www.imu.edu.in for details.

To register for the Anglo Eastern drive, please write to us at This email address is being protected from spambots. You need JavaScript enabled to view it. CLEARLY MENTIONING WHICH CITY YOU WILL ATTEND THE DRIVE IN, WITH YOUR NAME, AGE, CITY, MOBILE NUMBER AND PCM %AGE. THOSE CURRENTLY IN CLASS 12 MUST APPLY.

MUMBAI OFFICE

From 5-9/Mar/18 & 19-23/Mar/18 as well as 9- 13/Apr/18 & 23-27/Apr/18 between 0900 to 1200 hrs (Barring Public Holidays)

Venue: Anglo Eastern

Ship Management, 303, Leela Business Park, Marol, Andheri – Kurla Road, Andheri (E), Mumbai - 400059

CONTACT: 022-61124434/35

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Posted by on in Maritime Blog

 —Capt. Ashwani Jhingan

Ship arrest is a "civil law admiralty procedure" which is practically entered upon an activity or enterprise by imposing a ‘Warrant of Arrest’ on the ship. Under admiralty law, the court has the jurisdiction to prevent a ship legally from moving or trading or sailing out, till the resolution of the court action is pending. The ship is detained by "judicial process" in order to secure a maritime claim. The "arrest warrant" does not imply the seizure of a ship in execution or gratification of a judgment.

The procedure for the "arrest of the vessel" is cumbersome in India. However, if the procedure is followed correctly and properly, it may be reasonably fast enough to obtain an "arrest" in urgent situations. Perhaps, the "arresting party (Claimant)" wishing to "arrest a vessel" may like to keep a "check-list" handy to expedite the whole process.

Prima Facie Case

To enable a "Claimant" to approach the Admiralty Court for an "arrest" of the "Defendant" vessel in respect of a maritime claim, all one has to do is to file a "Substantive Suit" to the concerned Admiralty Court when the "Defendant" vessel is within the territorial waters of India. In a case involving the vessel M.V. Kapitan Kud, reported in AIR 1996 SC 516, the Supreme Court has inter-alia held that to enable a "Claimant" to seek and get a vessel arrested in respect of any maritime claim, all that he has to do is to make out a "prima facie" case, and the arrest of the vessel shall be granted. At the time of the application for "arrest", the "Court will not go into the evidence" in the matter and/or the probability of the Plaintiff succeeding in the Suit.

Admiralty Jurisdiction of the Court

India is not a signatory to either the Arrest Convention 1952 or the Arrest Convention 1999. However, the Supreme Court of India has held that India can arrest vessels as the principles set out in these conventions reflect the principles internationally and followed by maritime jurisdictions worldwide, provided that the principles are not in conflict with municipal Indian laws.

Subsequent to long-standing demand for the suitable legislation of the Indian maritime industry, The Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017, finally, got the Presidential assent in Aug. 2017, repealing the earlier archaic laws. A Bill in this regard was cleared by the Rajya Sabha on April 24, 2017. The Lok Sabha passed the Bill on March 10, 2017.

The new Admiralty Act 2017 extensively discusses the arrest of ships and other related matters.

"Claims" for which "arrest" is permissible

Of the "maritime claims" listed in the Arrest Conventions 1952 and 1999, claims relating to damage done by a ship, salvage, seamen’s’ and Master’s wages, Master’s disbursements and bottomry and respodentia constitute "maritime liens" and the vessel can be arrested for such a claim, even if there is a change in the ownership of the vessel. India also allows arrest of vessels for security, pending foreign arbitration and recognises the concept of sister-ship arrest, beneficial ownership/associated ship arrest.

Commencement of in rem proceedings

Ship arrest is a "procedure" to render justice in accordance with "substantive" law not only in cases of "collision and salvage" but also in cases of other "maritime claims" and "liens" arising by reason of breach of contract for the hire of vessels and carriage of goods or other maritime transactions, and for negligence occurring in connection with the carriage of goods, etc.

In order to apply for an arrest, the "Claimant (Plaintiff)" will have to file a "Substantive Suit" setting out the facts in detail, the nature of the dispute, the particulars of the claim, etc. The Suit will also contain all the supporting documents such as the original contract, type of vessel, correspondence exchanged between the parties, proof of vessel ownership, documents regarding payments, etc.

The "last part" of the "Suit" must contain the "prayer" of the Claimant seeking arrest of the vessel (defendant), the detention of the vessel, the sale of the vessel, the amount of compensation and a "decree" for the "claim amount/ security" in respect of "arbitration proceedings", and "interim orders" for urgent arrest will be made as the case may be.

An "Undertaking" to pay "compensation (damages)" in case of "wrongful arrest"

No "counter-security" is normally required to be provided. The "Undertaking" cannot be invoked merely because the Court eventually vacates the arrest or sets aside, but only if the Court eventually holds that the arrest was wrongful; for example, if obtained with malafide intentions or in bad faith or a case involving gross negligence, makes India a friendly arrest jurisdiction. The "Plaintiff’s (Claimant’s) solicitor" also undertakes a search with the "registry" to ascertain if any "caveat (caution)" against "arrest" of the vessel has been "registered" with the Registry.

If no caveat has been registered, the "application for arrest can be made ex-parte" upon producing a "Certificate from the Admiralty Registrar confirming that no caveat against arrest of the vessel has been registered".

Once the Court "orders" the arrest of the vessel and after the "judge has signed the order", the "Registry" of the Court will issue an "Arrest Warrant".

The "Warrant of Arrest" is required to be served by the "Sheriff through a nominated Court Bailiff". The "Sheriff" instructs the "Court Bailiff" to serve the "Warrant of Arrest", with a covering letter, upon the "vessel" which is required to be arrested. The same "warrant of arrest" also has to be served on the "Customs and the port" authorities, with a request that the port and Customs do not grant "outward clearance" to the vessel nor permit the vessel to sail.

The "Court Bailiff", after serving the "Warrant of Arrest" upon the "vessel" and the "Customs and the port authorities", will file an "affidavit" stating that he has carried out the service and has performed his duty.

Once the vessel has been served with the "Warrant of Arrest", the "vessel, through its owner, can either appear and settle the claim or contest the arrest".

If the owner wishes to contest the arrest, the owner can either furnish security for the claim on a without prejudice basis, so that the vessel can sail and then contest the arrest, or the owner can contest the arrest by keeping the vessel under arrest. Normally, the former is preferred as the vessel can sail and be employed for gain.

(Article compiled and contributed by Capt. Jhingan, Chairman and Managing Director of Malaxar. He is also an Advocate of Bombay High Court. Capt. Jhingan can be contacted at This email address is being protected from spambots. You need JavaScript enabled to view it. . Views expressed here are his own.)

Source: Exim India

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Posted by on in Maritime Blog

The World Maritime Day is being formally celebrated by the International Maritime Organisation (IMO) on 28 September 2017.

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Adopted in 2004 the Ballast Water Management, BWM Convention (the ‘convention’), is the International Convention for the control and management of ship’s ballast water and sediments.

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