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Court jails 11 Indonesian pirates for hijacking oil tanker

Eleven Indonesian citizens were sentenced to 16 years’ jail each, with seven of them to be given five strokes of the cane, by two Sessions Court here today after they pleaded guilty to hijacking an oil tanker in the waters off Terengganu early this month. They were ordered to serve the jail sentence from the date of their arrest, which was September 6 or 7. Ten of the modern pirates — Anne Raja, Arsito Mohd Hardi, Kreston Muhaling, La Abu, Bram Ali, Luther Marnis Zachawerus, Badiun, Meidy Hermanus Wajongkere, Rollan ...

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6 Alleged Somali Pirates in Yemen jail since 2009 Plead for Help

6 alleged Somali pirates who are currently jailed inside a prison at the Yemen capital, San’a plead for help from the Federal government of Somalia, the group said in an interview with Horn Observer. Yemen navy arrested the alleged pirates off the coast of Yemen in 2009 where they were later arrested at a prison in Mukala. Later Yemen court sentenced them to death and were transferred to San’a, the capital, before the Houthis rebels took over the city. “Yemen court sentenced us to death, but fortunately, the Huuthis took ...

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Global marine underwriting premiums continue to fall, reports IUMI

IUMI debates the growing challenge of reconciling dropping income levels with the risk of having to cover even larger single claims in an environment of ever increasing accumulation of values. IUMI – the International Union of Marine Insurance – presented its annual statistical report on the marine insurance market at today’s conference in Tokyo. The association reported that global marine underwriting premiums for 2016 fell to USD 27.5 billion, a 9% reduction on the figure reported for 2015. Vice-Chairman of IUMI’s Facts & Figures Committee, Astrid Seltmann explained: “The 2016 ...

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Cargo premiums continue downward trend for fifth consecutive year, says IUMI

Nick Derrick, chair of the International Union of Marine Insurance (IUMI) Cargo Committee reported a total estimated cargo premium of USD 15 billion for 2016 at the organisation’s annual conference today in Tokyo. This represented a decline of six per cent from 2015 and a further nine per cent decline since 2014. With world trade values and volumes increasing, Derrick expressed concern over the continuing downward trend in cargo premiums which had resulted in the sector making a technical loss for the fifth consecutive year. Exchange rate fluctuations were partly ...

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WFW advises ZEABORN on acquisition of Rickmers Shipmanagement

International law firm Watson Farley & Williams (“WFW“) has advised Bremen-based ZEABORN Group, as part of a consortium including Bertram Rickmers, on the acquisition of Rickmers Shipmanagement for an undisclosed sum in double-digit millions of euros. The deal has been approved by Rickmers Holding AG’s Creditor Committee, though that of the German competition authorities remains pending. The consortium also intends to acquire the remaining parts of the Hamburg-based Rickmers Group going forward, as well as invest in Rickmers Shipmanagement’s continued growth and expansion. ZEABORN is an international shipping company providing ...

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Important consultation on new draft Ports Good Governance Guidance

The Department for Transport has today, 11 September 2017, released the long awaited draft “Ports Good Governance Guidance” for public consultation. The consultation runs until 22 October 2017. All statutory harbour authorities (SHAs) should consider the guidance and respond, either individually or through their representative groups. Once finalised, the guidance will apply to all SHAs in England. It also covers all SHAs in Wales until the devolution settlement set out in the Wales Act 2017 comes into effect in April 2018. In addition, in line with the updated Port Marine ...

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Marine insurance and accidents in the United Arab Emirates

Insurance Mandatory coverage What maritime risks must be covered under the law and what is the mandatory level of coverage? In order to be accepted in the major UAE ports, a vessel must have hull and machinery and protection and indemnity insurance cover. The level of coverage is not mandated and is subject to the ports’ discretion. Insurable risks and ships What other risks are typically covered by marine insurance contracts concluded in your jurisdiction and what ships are insurable? Freight, demurrage and defence insurance is also available. Subrogation rights ...

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WFW advises Berenberg on shipping loan portfolio acquisition

International law firm Watson Farley & Williams (“WFW”) has advised private bank Berenberg on its acquisition, jointly with a Japanese financial institution, of a circa US$460m performing shipping loan portfolio from the Royal Bank of Scotland (“RBS”). WFW previously advised Berenberg on the acquisition of a similar US$300m portfolio from RBS in February 2017. Hamburg-based international investment and private bank Berenberg was founded in 1590 and is the world’s oldest merchant bank and the world’s second oldest bank overall. It is especially active in pan-European equity research, brokerage and capital ...

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When are two delays considered “concurrent delays” such that the contractor is entitled to an extension of time?

In Saga Cruises BDF Limited v Fincantieri SPA [2016] EWHC 1875, the English High Court held that two delays which occurred within the same time period are not necessarily “concurrent” in the legal sense of the word. One must bear in mind the orthodox rules of causation to determine whether each delay had an actual impact on the completion date. Background In 2010, Saga Shipping (Owners) purchased a cruise ship and engaged Fincantieri, an Italian shipbuilding company (Contractor), to refurbish the ship for €14.3 million. The contract contained a clause ...

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Avoiding the GDPR iceberg – data protection in the shipping industry

Businesses now have less than nine months to prepare for the EU General Data Protection Regulation (GDPR), which overhauls a data protection regime dating from 1995. The GDPR becomes effective across the European Economic Area (EEA), including in the UK, from 25 May 2018. It will also apply to a large number of businesses established outside of the EEA. With large potential fines (the greater of up to 4% of global turnover or 20 million Euros), risk of claims from individuals and reputational damage, businesses need to make the necessary ...

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Marine insurance and accidents in Belgium

Insurance Mandatory coverage What maritime risks must be covered under the law and what is the mandatory level of coverage? The following risks must be covered: · oil pollution – as per Article VII of the International Convention on Civil Liability for Oil Pollution Damage; · bunker oil pollution – as per Article 7 of the Bunker Oil Convention 2001; -maritime claims – as per the Convention on Limitation of Liability for Maritime Claims 1976. Insurance cover must be in accordance with EU Directive 2009/20/EC, as incorporated by the Act ...

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India: 60 more Somali pirates convicted, to be deported

A special court on Friday convicted 60 Somali pirates who were caught in Indian waters in 2011. The case was abated against one accused who died during trial. Special judge Jayendra C Jagdale sentenced the accused to seven years’ imprisonment on charges of attempt to murder and kidnapping. It’s the fourth and last conviction of Somali pirates in custody in the city over the last month; 119 pirates have been convicted so far. The accused were brought to the city civil and sessions court at Kala Ghoda from Taloja jail ...

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United States: Harvey’s Impact On U.S. Fuel Supply Chains May Trigger Jones Act Waiver Request

Process Cumbersome for Storm-Related Waivers, Which Have Been Sparingly Granted HIGHLIGHTS: -A disruption of refinery operations and ocean shipping on the U.S. Gulf Coast in the wake of Hurricane Harvey may spur oil industry requests for a waiver of the Jones Act to permit non-U.S. vessels to move crude oil and refined products to East Coast markets. -Historically, federal agencies have sparingly granted waivers in the aftermath of severe storms, although waivers were granted after Hurricanes Katrina and Rita in 2005, as well as after Superstorm Sandy in 2012. -Participants ...

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Ship registration in the United Arab Emirates

Registration Eligibility Which ships are eligible for registration in the national shipping register(s) and which parties may register ships? Generally, only vessels above 10 gross tonnage must be registered. The natural or legal person owning such a vessel must be a UAE national. If the vessel is jointly owned, all owners must be UAE nationals. If the vessel is owned by a UAE limited liability company, 51% of the capital most be owned by UAE nationals and all directors must be UAE nationals. However, pleasure boats may be owned by ...

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Japanese Report: LNG Sale and Purchase Agreement Destination Restrictions Likely Anticompetitive

Background: Contracts for the sale of LNG traditionally limit the ability of the liquefied natural gas buyer to freely resell the cargoes acquired under the contract. This helps LNG sellers manage their markets and operations but also limits the ability of LNG buyers to optimize their supply arrangements over time. With Japan entering a period of excess LNG, such restrictions are receiving increasing scrutiny both from buyers and the Japanese government. The Report: The Japan Fair Trade Commission conducted a survey and published a report finding that destination restrictions in ...

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