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Newsletters and articles penned by our members

Committed to providing knowledge to the industry, you will find here a list of newsletters and articles penned by our members on arrest practices and latest legislative changes around the globe.

- The Arrest News, Issue 5, December 2011
George Zambartas (L.G. Zambartas LLC) analyses the piercing the corporate veil in Cyprus, Edward Kuznetsov (Marine Legal Bureau) comments recent ship arrest cases in Latvia, Lily Chan (LA Marine) writes on an attempt to bind the ship owner in contract in England & Wales and Hugh Kennedy (Lavelle Coleman Solicitors) highlights a definition given in Ireland of “flying the flag of a contracting state”.

- Ship Arrest as Security for an Arbitration Claim in Malaysia: Post the Arbitration (Amendment) Act 2011, by Rahayu Abd Ghani
The newly set up Malaysian Admiralty Court can now order the arrest of a vessel in an admiralty claim as security for the satisfaction of any award given in any arbitration.

-  The Arrest News, Issue 4, September 2011
Thomas Wanckel (Segelken & Suchopar) writes on the liability for Wrongful Arrest in German Proceedings; Zeynep Özkan Özeren (Özkan Law Office) analyses the New Turkish Ship Arrest Rules; Hakim Lahlou (Lahlou – Zioui & Associés) reports on Morocco: Arrestors heaven, Debtors nightmare; and Felipe Arizon (Arizon Abogados SLP) explains why Spain is an allied territory for P&I Clubs to collect unpaid premiums.

- Ukraine Accedes to the International Convention Relating to the Arrest of Sea-Going Ships (1952)
Aleksander Chebotarenko (International Law Office) keeps us informed on the legal changes in his country.

- Flying the flag of a contracting state, by Hugh Kennedy, Lavelle Coleman Solicitors
The Admiralty Court in Ireland recently considered if there was jurisdiction to arrest an unregistered pleasure yacht and gave an interesting definition of the term “flying the flag of a contracting state” in 1952 Arrest Convention.

- The Arrest News, Issue 3, May 2011
Please find updates on ship arrest procedures in France by Henri Najjar (Richemont, Nicolas & Associés), in India by V.K. Ramabahdran (Advocate High Court), in Spain by Dr. Felipe Arizon (Arizon Abogados SLP) and in Gibraltar by Christian Hernandez (Isolas).

- The Arrest News, Issue 2, February 2011
In this quarterly issue, our members Chris Potts (Crump & Co) writes on a “Sixth Sense” concerning witness evidence, Brian Taylor (Ashfords LLP) shares his experience on pitfalls of arrest in the UK, Leslie Tomasello (Tomasello & Weitz) explains the arrest of ships in Chile, Cláudia Perri (Felsberg e Associados) analyses the disregard doctrine under Brazilian law and Bartosz Biechowski (Maritime & Commercial Law Office) reports on forced sales of vessels in Poland.

- The Jurisdiction of the Maritime Courts at the Panama Canal, by Remy F. Carreira-Franceschi
Although the maritime courts of Panama were conceived as a tribunal for the international administration of justice, Panama has created a “vessel-rich” scenario thanks to the transit through the Canal which saves costs in international trade. Panama is currently experiencing a steady growth to develop its maritime industry: structure wise with the Canal expansion; investment wise with the development of a “mega port”; and legally by actualizing its maritime laws. The new procedural code for the administration of the maritime jurisdiction is the object of this article.

- The Arrest news, Issue 1, November 2010
Our members Edward Kuznetsov (Marine Legal Bureau), Shane Dwyer (Shepstone& Wylie), Benjamin Agdestein (Vogt & Wiig), Peter van der Velden (Kiveld International Lawyers) and George M. Chalos (Chalos & Co, PC) are sharing what is going on in their ship arrest sector.

- Arrest of Vessels: Practical Considerations, by Robert Toney, National Maritime Services
During good economic times, commercial ship lenders and other claimants don’t hesitate to arrest vessels when a particular ship owner is in default. Under these circumstances, the general feeling is that one could easily foreclose a mortgage, in almost any jurisdiction in the world, await the court sale, and watch multiple bidders run up the price to a point that covered most claims and the associated costs of arrest. In recent years the shipping market has changed, a result of bleak global economic conditions; so too has the expectations associated with vessel arrests.




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