Publications → Topics → The ship: status, registration, mortgage, sale
The ship: status, registration, mortgage, sale
Topic “The ship: status, registration, mortgage, sale” in the Maritime Law journal: 23 publications from 20 issues, newest first.
Found: 23 · newest first
The essay is devoted to analysis of rules applicable to shipbuilding contracts. It examines legal solutions based on the contractual typology of the shipbuilding contract under English and Russian law, and it also provides an analysis of certain aspects of international shipbuilding standard contracts from the standpoint of Russian law. The study emphasises the importance of comparative analysis in shaping legal standards in the field of international shipbuilding.
The transport practice group of Denuo joined RUMLA in the summer of 2025. Partner Anna Otkina and Counsel Anna Antonova are now among the members. In an exclusive interview, they shared the story of how they came into the field of maritime law. They also discussed the potential benefits that Lex Maritima could bring to the sector and pointed out a number of problematic challenges from the fraudulent registration of vessels to ensuring the principle of freedom of navigation is upheld.
This article studies, analyses and systematises the institution of ship Angary, with greater emphasis, but not limited to historiographical aspects, with a dual focus: on the one hand, determining, analysing and conceptualising its characteristics from the perspective of international law and maritime law; and on the other, understanding its impact – possibly still relevant today – on maritime hull insurance coverage and charters.
The article examines the problem of expropriation of foreign vessels during the *** in Ukraine. The authors consider expropriation without monetary compensation and not on the grounds of a court judgement is an illegal and Unfavourable act. The point is that vessels are registered in the registers, which are usually kept by ports all over the world. The registration is a condition of vessels’ operation. In case of illegal expropriation, it is impossible to change the entry for a vessel in a foreign register. Consequently, the vessel cannot leave the port of any state since she will be arrested. Vessels, which were expropriated illegally, cannot be operated for their intended purpose in the modern world.
Russian court refused to provide information to a shareholder owning 43% of the voting shares of the Russian joint-stock company Kaliningrad Commercial Seaport because the claimant was a UK resident. The UK authorities have adopted regulations allowing the imposition of restrictive measures on Russian entities operating in the transport sector and a wide range of others. The defendant carries on activities in the field of transport and is the operator of a marine terminal, therefore, the provision of documents and information to the plaintiff in accordance with the requirements of the Joint Stock Companies Act may lead to the introduction of new restrictive measures against the Port and/or other persons, of which the plaintiff learns from the documents of the defendant.
The article examines the main problems that arise in determining the citizenship of a child born onboard a ship. It is concluded that even among the states that use the «right of blood» as a general principle for determining citizenship, the «right of soil» is actively used as an optional method for determining the child’s right to citizenship. Russian legislation requires precising the regulations with respect the status of children born onboard a ship flying the flag of the Russian Federation.
The article deals with the new proforma BIMCO SHIPSALE 22, developed for the secondary ship market. At the beginning of the article, a general idea is given of what the proforma is. Having briefly reviewed the proforma that preceded SHIPSALE 22, which were used in practice for the sale of ships, the author offers an analysis of the main changes in the new proforma and gives them a short commentary based on his own experience.
The article studies the real effect of the abandonment in Russian maritime insurance. On the one hand, the author examines the reasons why the institution of the abandonment arose in English maritime insurance and the goals which it was intended to fulfil. On the other hand, she analyses the mechanism for the emergence of title (ownership) under the Russian Civil Code. As a result, the author concludes that the need to preserve the real effect of the declaration of abandonment in Russian maritime law is highly questionable.
Part 2 of this article deals with in rem arrests, known in the US as Rule C arrests. This type of proceeding means action is brought directly against the vessel as defendant in order to enforce a maritime lien. Drawing on US case law and legislation, the author considers the peculiarities of maritime liens in general and the special features of these liens in the US, in particular. The article then goes on to discuss several scenarios where Rule C arrests are most effective against one-ship companies.
The article discusses what mediation is, and what mediation clauses can be recommended for mediation.
Pacific Gulf Shipping Co. v Vigorous Shipping & Trading S.A., No. 20-35159 (9th Cir. 2021)
Argentum Exploration Ltd. v The Silver and all persons claiming to be interested in and/or to have rights in respect of the silver, [2020] EWHC 3434 (Admty)
Judgement of the 9th Commercial Court of Appeal dated January 18, 2021 No. 09АП-69250/2020 in case No. А40-40737/2020 (Federal state budgetary institution (FSBI) “Northern UGMS” v Rosmorrechflot)
Ruling of the Commercial Court of the Primorsky Territory dated November 25, 2020 in case No. A51-18495/2020 (FSUE Morspasluzhba v OJSC Concern ASPOL-BALTIC / NWS5 Balt Shipping Co. Ltd.)
