In a recent Malaya High Court decision, the owner of the vessel My Ferry 2 made a claimed based on a maritime lien pursuant to Section 21(3) of the UK Supreme Court Act 1981, which applies in Malaysia pursuant to Section 24(b) of the Courts of Judicature Act 1964.(1) The plaintiff alleged that the first defendant (tug KKD000132-T which had towed the second defendant's dumb barge Wantas 17) had collided into the plaintiff's vessel, the My Ferry 2 ...
Facts The recent high court decision in Straits Bunkering Pte Ltd v Ketua Pengarah Kementerian Perdagangan Dalam Negeri dan Hal Ehwal Pengguna Johor concerned an application with regard to the vessel MT Abbas, which had been arrested by the Southern Region Marine Department pursuant to Sections 491B(1)(k) and 491C of the Merchant Shipping Ordinance 1952 (MSO 1952).(1) Sections 491B(1)(k) and 491C of the MSO 1952 provide as follows: 491B ...
Norway has acceded to the Cape Town Convention on International Interests in Mobile Equipment and its Protocol on Matters Specific to Aircraft Equipment (the «CTC»). The CTC has been implemented and given effect under Norwegian law as of 1 April 2011. It is still possible to register security interests over an aircraft with the Norwegian Civil Aircraft Registry («NCAR») ...
Buyers’ Default Clause 13 of Saleform 2012 regulates Buyers’ default. The potential Buyers’ defaults are quite restricted to payment defaults. There are no Buyers’ default linked to failure to take over the Vessel (like you often find in shipbuilding contracts) or failure to provide the agreed documents. Nor is it likely that a Buyer will pay for the Vessel but not accept physical delivery ...
The coronavirus disease (COVID-19) outbreak continues to put pressure on the public and private sectors alike. As we are entering new phases of the COVID-19 pandemic, we have to switch our focus towards safely and gradually reopening our businesses and economies while continuing to implement prevention measures ...
Key Points In ADA Title III cases, the plaintiff has the initial burden to show removing a barrier is readily achievable. The Court has yet to consider the complexities of naval architecture and the unique safety and seaworthiness issues on ships. If barrier removal is not readily achievable, alternative methods to barrier removal —or other facilitation for access to the service— should be considered. In Lopez v. Catalina Channel Express, Inc. (9th Cir ...
As a consequence of the spread of COVID-19, certain protection and prevention measures have been developed in order to safeguard health in the different sectors that are operational. In this report we will share security measures implemented in Venezuela aimed at protecting the health of operators and personnel working in ports and at sea, as well as some recommendations established by international organizations. 1 ...
The COVID-19 pandemic has been not only causing major social upheaval but disrupting business development and the economy as well. Nevertheless, since last March, we have seen many developments and new projects involving self-driving vehicles (SDV). Here is an overview ...
Key Points California Legislature passes SB 288, which adds statutory CEQA exemptions for bicycle and mass transit projects. Extends CEQA Exemption for bicycle-related highway projects from Jan. 1, 2021 to Jan. 1, 2030. Relates only to projects for which the lead agency and the entity carrying out the project are public agencies. The California Legislature passed SB 288 on Aug. 31, 2020 ...
Should employees be at liberty to remove trade secrets they created when they leave their employers? Think carefully, physical liberty might just be at stake. In his junior year at UC Berkeley, he built a prize-winning robot out of Legos to sort Monopoly money. Later, he entered the first ever two-wheeler in the DARPA Grand Challenge, an American autonomous vehicle competition funded by the US Department of Defense ...
The High Court has left the door open for a negligence claim to be pursued against a UK company on behalf of a shipyard worker who fell to his death dismantling an oil tanker at a Bangladeshi yard.1 The vessel had been sold to a buyer on terms requiring it to be scrapped in an environmentally sound manner and in accordance with good health and safety practices ...
A ship may be arrested in Malaysia as long as the claim of the arresting party falls under any of the provisions of Section 20(2) and Section 21 of the Supreme Court Act 1981 of England and Wales.Any party that wants to arrest a ship in Malaysia must strictly comply with Order 70 of the Rules of Court 2012 (the ROC 2012), which governs admiralty proceedings in the High Court.On the arrest of a ship, it will not be allowed to work without the sheriff's express permission ...
Civil Aviation Authority: All international flightsshall remain suspended untilJuly 22, 2020. National Immigration Authority: All identifications issued by the National Immigration Authoritythat weredue to expirebetween March 13 and July 31, 2020,willremain validuntilOctober 31, 2020,without incurring in fines or surcharges ...
For the aviation sector, the first half of 2020 has sadly been defined by the many challenges brought on by the coronavirus pandemic, resulting in operational and economic disruption across the globe. Now six months in, the industry is taking stock, adapting strategies and mapping out future plans for business post Covid-19 ...
Since March 2020, travel restrictions apply to foreign nationals entering Brazil. At present, Ordinance No. 255, valid until 21 June 2020, provides for several exceptions in addition to that for born and naturalised Brazilians ...
A&L Goodbody's Dr Vincent Power writes why the COVID-19/Coronavirus crisis demonstrates why an international convention is needed to deal with various aspects of shipping (including the repatriation of crew and passengers) in the event of another pandemic or epidemic. Go to publication For more information on this topic please contact Dr Vincent Power, Partner or any member of A&L Goodbody's EU, Competition & Procurement team ...
As dealer networks in the automotive sector re-open for business following the COVID-19 lockdown, we share below our main competition law watch outs for suppliers over the coming weeks and months. We know that current market conditions are tempting some people to reach out to their competitors – any competitor contact needs to be managed carefully from a competition law perspective ...
After the start of Phase 2 (which began on 4 May 2020) the Italian government adopted on 16 May Law Decree no. 33 concerning, inter alia, "Further urgent measures to deal with the COVID-19 outbreak" (the "DL 16 May 2020"). Moreover, on 17 May 2020, in implementation of the aforementioned DL 16 May 2020, the Prime Minister issued a new decree with specific implementing provisions (the "PMD 17 May 2020") ...
If there is anything to be learned from the FAA’s distribution of the $10 billion in funds allocated to airports in the Coronavirus Aid, Relief, and Economic Security (CARES) Act, it is that allocating billions of dollars in just a few weeks is more difficult than it sounds. On March 27, 2020, the CARES Act was signed into law as Public Law No. 116-136 ...
Now that it appears the COVID-19 quarantine may be on the verge of ending, there are issues to consider before re-starting collection operations. When is too soon? Are there any special notices that could or should be sent? What about voluntary surrender of collateral during shelter in place? We will address these issues as well as lien priority and credit reporting ...
While the coronavirus has sent shockwaves through every service sector, the impact on the transportation industry has been especially severe. Automotive plants have shut down, new car sales have plummeted, and Uber and Lyft have reduced their workforce as social distancing has drastically reduced the demand for ride-hailing. In a world where stay-at-home orders are the norm, all forms of mobility have seen an abrupt decline and the entire transportation economy has suffered ...
International trade and shipping play a key role in the transportation of essential supplies, foods and other necessities, a role which becomes even more significant during the ongoing COVID-19 pandemic. Nonetheless, the lockdowns and restrictions on entry imposed by many countries are causing a severe disruption to the industry while reduced manufacturing activity greatly affects shipment volumes and traffic ...
The Ministry of Health and Social Protection issued Resolutions 677, 679 and 681 adopting the biosecurity protocols for the control and management of COVID-19 risk in the transportation, transportation infrastructure and games of luck and chance sectors. These protocols are complementary to the general biosecurity protocol adopted through Resolution 666 of 2020 and to other measures implemented by corresponding companies ...
The Convention on International Interests in Mobile Equipment (“Cape Town Convention”) and Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment (“Protocol”) were concluded in Cape Town on 16 November 2001, and entered into force on 1 March 2006. They are to be read and interpreted as one instrument ...
