Siemens v Irving: a multiplicity of maritime proceedings

 

When two steam turbines destined for a nuclear plant instead wound up at the bottom of St. John Harbour, Siemens claimed $45 million for negligence and breach in Superior Court, while Irving and other defendants brought a suit in the Federal court to limit damages and enjoin the superior court proceedings, setting the stage for a showdown on jurisdiction and enjoinder at the Federal Court. General Editor Gavin Magrath reviews the key findings of the Federal Court of Appeal:

http://www.forwarderlaw.com/library/view.php?article_id=846

 

Liability resulting from wrongful auctions of containers

 

Two public notaries have been held liable for about $400,000 in damages following the wrongful auction of containers, which was carried out at the request of a ship agent in order to recover the liner's debts. The notaries were negligent in failing to notify the owner of the seizure and auction. Our member for Spain Felipe Arizon provides a fulsome review here:

http://www.forwarderlaw.com/library/view.php?article_id=843

 

The Extent of New Zealand's Jurisdiction - a potential gap?

 

Following close encounters with protesters, the New Zealand police established an exclusion zone around a naval survey vessel looking for possible sea bed oil resources. Attempts to disrupt the survey continued and resulted in the arrest of Elvis Teddy, skipper of the FV San Pietro. Charges against him were dismissed, however, when the Court determined that the incident had taken place outside the 12 mile limit and the exclusion zone was therefore extra-territorial and unenforceable. Pauline Barrett, our member for New Zealand, discusses this potential gap and the legislative frameworks for addressing it:

http://www.forwarderlaw.com/library/view.php?article_id=844

 

Is Ukraine becoming more friendly to foreign judgments?

 

For the last several years Ukrainian laws have been changed to provide a procedural basis for enforcement of foreign judgments. Alex Chebotarenko and Karina Gorovaya discuss these changes and the principles of reciprocity and competence.

http://www.forwarderlaw.com/library/view.php?article_id=845

 

General

 

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Gavin Magrath, Barrister
Magrath O'Connor*
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