Legal & Regulations

  • Hoover Ferguson acquires Uniteam business

    Hoover Ferguson Group (Hoover Ferguson), the global leader in container, workspace and packaging solutions for the energy and petrochemical industries and general industrial enterprises, has acquired the rights and obligations of Uniteam Holding AS’s (Uniteam’s) offshore container rental business. 

  • Modernization of The U.S. Fishing Fleet

    Coming in the January 2017 edition of Maritime Reporter & Engineering News is an insightful report on the modernization of the U.S. Fishing Fleet, with a focus on the ubiquitous Pacific Northwest. Modernization of the North Pacific Fishing Fleet, a study by The McDowell Group for the Port of Seattle, has made the rounds and given weight to the idea that a major fleet upgrade really is underway. With average 2014 gross revenues having run between $2 million for Bering Sea/Aleutian Island trawl vessels to $16 million for some catcher-processors, there’s a feeling that owners can afford new vessels that might cost $15 million for the first group or $130 million for the second.

  • Brunvoll Acquires Scana Propulsion

    Brunvoll, a family-owned company headquartered in Molde, Norway, a company that designs, manufactures and services complete thruster sstems for maneuvering, positioning and propulsion of advanced vessels, this week signed an agreement with Incus Investor ASA to acquire all the shares in Scana Propulsion AS, including subsidiaries Scana Volda AS and Scana Mar-El AS in Norway and three sales companies located in the United States, Singapore and China. 

  • Government of Canada Announces Concrete Action on...

    Canada is taking action in the conservation and long-term protection of marine biodiversity. At the recent Convention on Biological Diversity at the Conference of the Parties (COP13), the Honourable Dominic LeBlanc, Minister of Fisheries, Oceans and the Canadian Coast Guard, announced a new initiative that will facilitate meeting Canada's marine conservation targets, and another that demonstrates Canada's commitment to ensuring the long-term viability of the Sargasso Sea, a globally significant marine ecosystem.

  • Navigating the new UAE maritime laws

    The UAE government is looking to diversify the nation's economy and become less dependent on oil revenues in the near future. Currently the UAE’s non-oil sector stands at 70% of the GDP and the government is aiming to raise it to 80% by 2021 and 100% by 2030, whereby the maritime sector was identified as the one with the greatest potential to contribute to this goal.

  • Maritime disputes need central role of ASEAN

    The eighth International Conference on the East Sea, themed “Cooperation for Regional Security and Development,” wrapped up in Nha Trang City yesterday, stressing the need to promote ASEAN’s central role in managing disputes in the East Sea.

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LEGAL CAPACITY TO ENTER ARBITRATION AGREEMENTS

The issue concerning legal capacity has caused much consternation in the UAE due to the fact that UAE legislation requires a special authorization for arbitration and thus losing the right to litigate disputes in the UAE courts.   Therefore, it is fairly commonplace in the UAE to see a challenge to jurisdiction based on an alleged lack of authority, of the signatory, to bind the company to arbitration.

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Challenges in securing maritime claims in the Dubai Courts

Securing a maritime claim through a ship arrest is a common and essential form of security prior to or during litigation or arbitration proceedings. Commercial ships, by their nature, are only in port for a limited amount of timehttp://www.hadefpartners.com/ to load and/or discharge cargo. Therefore, ship arrests are required to be achieved by creditors as a matter of extreme urgency. However, recent procedural challenges in Dubai Courts have impacted this crucial method of security.

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