Build a Comparative Guide

1.1

Which legislative and regulatory provisions govern the shipping sector in your jurisdiction?

1.2

Which bilateral and multilateral instruments on shipping have effect in your jurisdiction?

1.3

Which bodies are responsible for enforcing the applicable laws and regulations? What powers do they have?

1.4

What is the regulators’ general approach in regulating the shipping sector?

2.1

What types of vessels may be registered in your jurisdiction? What requirements and restrictions apply in this regard? Is dual registration permitted?

2.2

What entities may register a vessel in your jurisdiction? What requirements and restrictions apply in this regard?

2.3

What body administers the shipping register in your jurisdiction?

2.4

What information is included in the shipping register? Is this publicly accessible?

2.5

What are the formal and documentary requirements for registration of a vessel? What is the process for registration? What is the effect of registration? What is the effect of deregistration?

2.6

What are the formal and documentary requirements for registration of a shipping mortgage? What is the process for registration? What is the effect of registration? What is the effect of deregistration?

3.1

Which body is responsible for port state control? What powers does it have?

3.2

What penalties may be imposed for breach of the applicable laws and conventions?

3.3

Can decisions of the port state control authority be appealed? If so, what is the process for appeal?

4.1

What key domestic and international provisions apply to marine casualties in your jurisdiction, and what specific considerations should be borne in mind with regard to the following? (a) Collisions; (b) Pollution; (c) Wreck removal; and (d) Salvage.

4.2

Which parties may bring a marine casualty claim in your jurisdiction, and against whom?

4.3

What limitation of liability regime applies to marine casualty claims and who may avail of it? What types of claims may be limited?

4.4

How is the limitation fund constituted? What requirements and restrictions apply in this regard?

4.5

Under what circumstances is the limitation of liability unavailable?

4.6

What defences are available to marine operators in the event of a marine casualty claim?

4.7

Which bodies are responsible for investigating and responding to marine casualties? What powers do they have?

4.8

What reporting requirements apply in relation to marine casualties and what are the consequences of non-compliance?

4.9

What remedial measures may be ordered in the event of a marine casualty (eg, wreck removal, clean-up)?

4.10

Who may conduct salvage operations in your jurisdiction and what other requirements and restrictions apply in this regard?

5.1

What key domestic and international provisions apply to cargo claims in your jurisdiction?

5.2

Which parties may bring a cargo claim in your jurisdiction, and against whom?

5.3

What limitation of liability regime applies to cargo claims and who may avail of it? What types of claims may be limited? What is the procedure for limiting liability?

5.4

Under what circumstances is the limitation of liability unavailable?

5.5

What defences are available to (a) carriers and (b) shipowners in the event of a cargo claim?

6.1

What key domestic and international provisions apply to passenger claims in your jurisdiction?

6.2

What limitation of liability regime applies to passenger claims and who may avail of it? What types of claims may be limited? What is the procedure for limiting liability?

6.3

Under what circumstances is the limitation of liability unavailable?

7.1

What key domestic and international provisions apply to ship arrest in your jurisdiction?

7.2

For which types of claims is ship arrest available? What requirements and restrictions apply in this regard?

7.3

Are maritime liens recognised in your jurisdiction? If so, what claims give rise to maritime liens? What is the difference (if any) between arrest of a ship for a maritime claim and a maritime lien?

7.4

Under what circumstances is the arrest of sister ships and associated ships available? What requirements and restrictions apply in this regard?

7.5

Under what circumstances can bareboat and time-chartered vessels be arrested?

7.6

What are the formal and documentary requirements for arresting a vessel? What is the procedure and how long does this take? Must a countersecurity be provided? What other costs are incurred?

7.7

What is the procedure to release a ship from arrest and how long does this take? What security must be provided and how is this calculated?

7.8

What is the test for wrongful arrest in your jurisdiction?

7.9

Are any alternatives to ship arrest available in your jurisdiction?

8.1

What key provisions apply to the judicial sale of vessels in your jurisdiction?

8.2

What is the procedure for judicial sale of an arrested vessel and how long does this take? What costs are incurred?

8.3

How are the proceeds of sale distributed?

8.4

What is the legal effect of the judicial sale of a vessel?

9.1

What key domestic and international provisions apply to shipping emissions in your jurisdiction?

9.2

What key domestic and international provisions apply with regard to the sulphur content of marine fuel in your jurisdiction?

9.3

What key domestic and international provisions apply with regard to ship recycling in your jurisdiction?

9.4

What other environmental issues and concerns should shipowners and operators be aware of in your jurisdiction? What best practices should they follow?

10.1

What key domestic and international provisions apply to the health and safety of maritime workers in your jurisdiction?

10.2

What other employment issues should shipowners and operators be aware of with regard to maritime workers in your jurisdiction?

11.1

In which forums are shipping disputes typically heard in your jurisdiction?

11.2

What issues do such disputes typically involve? How are they typically resolved?

11.3

Have there been any recent cases of note?

12.1

How would you describe the current shipping landscape and prevailing trends in your jurisdiction? Are any new developments anticipated in the next 12 months, including any proposed legislative reforms?

13.1

What are your top tips for shipowners and operators in your jurisdiction and what potential sticking points would you highlight?