powerlogistics asia 2013- '' are the maritime laws outdated?" gerald yee, colin...

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WE HAVE WHAT IT TAKES Colin Ng & Partners LLP ARE THE MARITIME LAWS OUTDATED? 31 October 2013 Presentation by Gerald Yee, Partner, Head, Shipping and Admiralty Practice Group, Dispute Resolution Practice Group, Colin Ng & Partners LLP Tel: +65 6349 8733 Fax: +65 6438 3016 Email: [email protected]

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Something Old: Safety and Environment Something New: Modernisation of Maritime Law Something Borrowed: The Rotterdam Rules and Its Impact? Something Blue: Projections for The Future

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Page 1: PowerLogistics Asia 2013- '' Are the maritime laws outdated?" Gerald Yee, Colin Ng& Partners

WE HAVE WHAT IT TAKES Colin Ng & Partners LLP

ARE THE

MARITIME LAWS

OUTDATED? 31 October 2013

Presentation by Gerald Yee, Partner, Head,

Shipping and Admiralty Practice Group, Dispute

Resolution Practice Group, Colin Ng & Partners

LLP

Tel: +65 6349 8733 Fax: +65 6438 3016

Email: [email protected]

Page 2: PowerLogistics Asia 2013- '' Are the maritime laws outdated?" Gerald Yee, Colin Ng& Partners

WE HAVE WHAT IT TAKES Colin Ng & Partners LLP

SOMETHING OLD

Image courtesy of worradmu at FreeDigitalPhotos.net

Page 3: PowerLogistics Asia 2013- '' Are the maritime laws outdated?" Gerald Yee, Colin Ng& Partners

WE HAVE WHAT IT TAKES Colin Ng & Partners LLP

Safety and Environment

A comparison of containerised liners and

dry bulk carriers

Reforms

Image courtesy of ddpavumba at FreeDigitalPhotos.net

Page 4: PowerLogistics Asia 2013- '' Are the maritime laws outdated?" Gerald Yee, Colin Ng& Partners

WE HAVE WHAT IT TAKES Colin Ng & Partners LLP

Regulations affecting

Commercial Operations and

Practices

A comparison of containerised liners and

dry bulk carriers

Reforms

Bilater al cargo access regulations

Cabotage (liner shipping)

Others

Page 5: PowerLogistics Asia 2013- '' Are the maritime laws outdated?" Gerald Yee, Colin Ng& Partners

WE HAVE WHAT IT TAKES Colin Ng & Partners LLP

SOMETHING NEW

Image courtesy of Victor Habbick at FreeDigitalPhotos.net

Page 6: PowerLogistics Asia 2013- '' Are the maritime laws outdated?" Gerald Yee, Colin Ng& Partners

WE HAVE WHAT IT TAKES Colin Ng & Partners LLP

Restructuring of China’s

Maritime Law Establishment of a Central Leading Small

Group on the Protection of Maritime

Interests in 2012

Restructuring the State Oceanic

Administration (SOA) and merge four

major maritime law enforcement forces

into one unified new China Coast Guard

Establishing a National Oceanic

Commission (NOC)

Page 7: PowerLogistics Asia 2013- '' Are the maritime laws outdated?" Gerald Yee, Colin Ng& Partners

WE HAVE WHAT IT TAKES Colin Ng & Partners LLP

Recent reform of German Law

Ship arrest

Owner’s liability for damages

Liability exclusions and the parties'

freedom of contract

Provisions on time and bareboat

charterparties

The “performing carrier”

Page 8: PowerLogistics Asia 2013- '' Are the maritime laws outdated?" Gerald Yee, Colin Ng& Partners

WE HAVE WHAT IT TAKES Colin Ng & Partners LLP

Recent reform of German Law

(continued) Shipper's liability for damages arising out

of false information on dangerous goods

or bad packaging

Limitation period for indemnity claims

Electronic bills of lading

Page 9: PowerLogistics Asia 2013- '' Are the maritime laws outdated?" Gerald Yee, Colin Ng& Partners

WE HAVE WHAT IT TAKES Colin Ng & Partners LLP

New agreements on

International Maritime

regulations International Convention on Civil Liability

for Bunker Oil Pollution Damage

(BUNKER)

International Convention on Standards of

Training, Certification and Watchkeeping

for Seafarers (STCW)

International Convention for the Control

and Management of Ships' Ballast Water

and Sediments (BWM)

Page 10: PowerLogistics Asia 2013- '' Are the maritime laws outdated?" Gerald Yee, Colin Ng& Partners

WE HAVE WHAT IT TAKES Colin Ng & Partners LLP

SOMETHING BORROWED

Image courtesy of Michal Marcol at FreeDigitalPhotos.net

Page 11: PowerLogistics Asia 2013- '' Are the maritime laws outdated?" Gerald Yee, Colin Ng& Partners

WE HAVE WHAT IT TAKES Colin Ng & Partners LLP

The Rotterdam Rules and its

impact? Signed by 25 countries including the

United States

Ratified by 2 countries: Togo and Spain

Page 12: PowerLogistics Asia 2013- '' Are the maritime laws outdated?" Gerald Yee, Colin Ng& Partners

WE HAVE WHAT IT TAKES Colin Ng & Partners LLP

SOMETHING BLUE

Image courtesy of amfroey at FreeDigitalPhotos.net

Page 13: PowerLogistics Asia 2013- '' Are the maritime laws outdated?" Gerald Yee, Colin Ng& Partners

WE HAVE WHAT IT TAKES Colin Ng & Partners LLP

Projections for the Future –

Adoption of Proposed

Reforms

Restructuring of China’s maritime law

German maritime law

Page 14: PowerLogistics Asia 2013- '' Are the maritime laws outdated?" Gerald Yee, Colin Ng& Partners

WE HAVE WHAT IT TAKES Colin Ng & Partners LLP

THANK YOU