It was 25 years ago when I encountered a particularly challenging case—one that tested my judgment and understanding of both international law and local Vietnamese practices. The case involved a collision between a seagoing vessel and a much smaller fishing boat on the high sea. The vessel, operated by my clients, was navigating within a… Continue reading The Legal Dilemma in Maritime Collisions: Applying Subsequent Remedial Measures
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Handling Backlogged Cargo: Professional Legal Assistance
HANDLING OF BACKLOGGED CARGO Backlogged goods at seaports continue to increase, putting pressure on customs authorities and service businesses at the ports. According to data updated to early February from the Ho Chi Minh City Customs Department, the amount of goods in stock at seaports and airport warehouses increased sharply. Specifically, in the first month… Continue reading Handling Backlogged Cargo: Professional Legal Assistance
NAVIGATING SHIP ARREST: SECURE TO CLAIM FOR PAYMENT TO REPAIR COSTS
NAVIGATING SHIP ARREST: SECURE TO CLAIM FOR PAYMENT TO REPAIR COSTS Claims for goods, materials, and labor involved in the repair of a vessel, as well as dock charges and dues during such repair, are widely recognized as a species of maritime claim in maritime laws. They are defined as such under the 1952 Brussels… Continue reading NAVIGATING SHIP ARREST: SECURE TO CLAIM FOR PAYMENT TO REPAIR COSTS
VIETNAMESE LAW: NAVIGATING THE COMPLEXITIES OF CREW CLAIMS
In the sense that there are few jobs that both require extraordinary commitments from workers, then turn around and subject them to the constant threat of danger. Once sailors sign up for a voyage, they have no choice but to brace for month upon month of hard labor, stranded thousands of miles from home on… Continue reading VIETNAMESE LAW: NAVIGATING THE COMPLEXITIES OF CREW CLAIMS
[LMS2024] LOGISTICS INFRASTRUCTURE: NEW REQUIREMENTS IN DEVELOPMENT STRATEGY AND LEGAL FRAMEWORK
LMS2024, LOGISTICS INFRASTRUCTURE: NEW REQUIREMENTS IN DEVELOPMENT STRATEGY AND LEGAL FRAMEWORK Logistics infrastructure is not only a vital component of the logistics system but also plays a crucial role in driving national economic growth. In particular, Ba Ria – Vung Tau, as a key region in the Southeast Economic Zone, is aiming to become an… Continue reading [LMS2024] LOGISTICS INFRASTRUCTURE: NEW REQUIREMENTS IN DEVELOPMENT STRATEGY AND LEGAL FRAMEWORK
ARBITRATION UNDER LMAA RULES
ARBITRATION UNDER LMAA RULES In this age of international commerce, arbitration stands to be the ubiquitous way to resolve disputes, not just among commercial parties, but also between commercial parties and governments. In following the change towards globalization of world trade and investment, arbitration practices between different institutions in different countries developed to become more… Continue reading ARBITRATION UNDER LMAA RULES
NAVIGATING CARGO CLAIMS AT LOCAL VIETNAMESE COURTS
Cargo claim Cargo is the driving force of the whole shipping sector, as the trading of goods by sea carriage dating to the founding days of shipping history. And until now, carriage of goods by sea has never ceased to be one of the most effective methods for global trading and commercial activities. Unfortunately, along… Continue reading NAVIGATING CARGO CLAIMS AT LOCAL VIETNAMESE COURTS
CHARTERING AND DISPUTES – CONCERNS OF ALL THE PARTIES
On continuation of our previous insight on charterparty and termination of charterparty, we now turn to the other common causes of disturbance for both Owners and Charterers during the charter of a vessel. During the term of the charter party, perhaps no one wishes to, but has always anticipated beforehand that there will be time… Continue reading CHARTERING AND DISPUTES – CONCERNS OF ALL THE PARTIES
Enforcement of foreign arbitral award – arduous and fruitful
Recognition and enforcement of arbitral awards in a foreign jurisdiction have always been a daunting task, for both award creditors, and their in-house or servicing lawyers. As a member state of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (“NYC 1958”) since 1995, Vietnam has implemented, incorporated, and internalized… Continue reading Enforcement of foreign arbitral award – arduous and fruitful
Charter Party and unilateral termination of charter party
Nowadays, the rapid growth of international trade has led to the great need for seaworthy vessels to deliver goods for both domestic and foreign customers. Shipping transportation is currently one of the most efficient means of carriage of goods, especially for the special and attention-required goods such as gas, petroleum, or wood. However, owning a… Continue reading Charter Party and unilateral termination of charter party