Asg 2 Collision Jurisdiction Agreement
“ … The request of MSC Pamela and Theresa Libra, in the absence of an agreement, is referred to the Chancellor of the Admiralty, if necessary with the help of experts to assess the respective claims … „At the request of Solicitors A, that the charterers of the proceedings were to be covered, the judge accepted that the parties to that agreement, since the effects of the transaction agreement were to prevent the parties from availing themselves of the two-year limitation period under Section 190 of the Merchant Shipping Act of 1995, and that Section 190 of the Shipping Merchant Act of 1995 was intended to prevent the parties to the agreement of the 1995 to sign the agreement. and would it be irrational not to admit the death of the charterers as defendants. This allowance is governed by English law and is subject to it. All disputes arising from or related to this award (including, but not limited to the question of whether Part A or Part B anwendung, fall within the exclusive jurisdiction of the High Court of London. ITIC and the Admiralty Solicitors Group (ASG) have introduced a new formulation to compensate surveyors to address the imbalance between the responsibilities of owners and surveyors, which typically occurs under existing compensation agreements. The Court found that, through the conflict jurisdiction agreement, the parties made a commitment to „pay“ the agreed percentage of the other`s debt. This position is at odds with the possibility of not paying if it turns out that the other did not issue an application form within two years of the date of the collision.
The maximum guarantee to be granted may vary from country to country depending on whether the owner has the right to limit the statutes or conventions applicable to that jurisdiction. Such limits arise from the negotiation of quantum in mind to ensure that it does not exceed the legal limits of local legislation. It is very unlikely that the guarantee will go beyond the value of the asset held, that is, the ship. For members who are charterers, there are generally not many charterers who can do when the ship is stopped for an application that has nothing to do with the charter (. B for example, a request from another vessel for damage resulting from a collision). Although the charter may impose the charterer`s corrective measures upon arrest, members of the charterer should immediately inform the owners that the vessel is not leased (provided it is a non-rental event, as planned in the charter party) and that they issue a notice of protest in which they reserve the right to claim losses or damages caused by delays in arrest. Solicitors A opened proceedings more than a month later after the two years following the day of the collision expired and requested that the fee not be prescribed. The ASG has developed standard formulations to help members and their clients deal with frequent maritime issues, particularly issues related to the provision of security and jurisdiction. The ASG recommends the use of these documents either in an unchanged form or as an adaptation framework. Standard formulations are regularly revised.
It also depends on local legislation. In legal systems, arrest for the enforcement of arbitration awards is not technically permissible. However, the Hong Kong courts have decided that an arrest will not be quashed if the claim is invoked as one of the aforementioned categories of „maritime claims“.