Extension of the Arbitral Agreements
Under what circumstances could arbitrators assume jurisdiction over claims made against a non-signatory to the arbitration agreement (or the contract containing it)? In principle, the rights and obligations arising from the arbitration agreement are a bipolar nature; only those who are parties to the arbitration agreement have this right. Despite this bipolar nature of arbitration, […]
So long Sulphur emissions: navigating the new IMO regulations
In January 2020 the shipping industry, and those supplying its fuel, face one of the biggest challenges in decades. How is the sector preparing for the next adaptation of the MARPOL Convention? Since the mid 2000s, the shipping industry has been required to meet standards on air pollution. However, the […]
Legal considerations for energy projects in Turkey
1. Few countries are better located from a strategic standpoint than Turkey. Acting as the gateway between southeast Europe and the Middle East, being able to navigate the country’s legal and regulatory system is imperative when planning largescale energy and pipeline projects such as recently inaugurated TANAP. The Trans-Anatolian Natural Gas Pipeline (TANAP) is a […]
Turkish Intellectual Property Law – An Overview
Turkish Intellectual Property Law is closely aligned with EU Law and international norms. However, it has many unique features which those doing business in Turkey need to be mindful of, to ensure their IP remains secure. Nigar Guliyeva is an Associate at Kılınç Law & Consulting, an Istanbul-based commercial […]
Smuggling Activities
Recently, there has been increase in news on importing of smuggled goods or prohibited goods to the country by ships. Import of forbidden goods to the country by sea transport is the subject of smuggling. The smuggling was arranged in the Criminal Procedure Law (“CPL”)No. 5271. Importing the various goods smuggled to the Turkey by […]
Insurance
P&I CLUB (PROTECTION AND INDEMNITY CLUB) Protection and Indemnity Club (“P & I Club” and / or Club Insurance) was formed by combining of protection and compensation clauses. The expression of “Protection and Indemnity” means the responsibility of Shipowner and Operator to third parties. Club Insurance is maritime insurance of financial responsibility. The Club Insurance […]
Essential Items for Voyage
Charter Parties A charter party is a document of contract by which a Ship-owner agrees to lease, and the charterer agrees to hire, a vessel or all the cargo space, or a part of it, on terms and conditions forth in the charter party. The main types of charter parties are Bareboat Charter Party (sometimes […]
Responsibilities of Shipowner in Case of Injury and Death of Ship’s Crew
The seamen have a crucial position for the safety of the ship, for the shipload, and the region where the ship is located. There are many international and national regulations set out in order to protect the rights of the seamen and to facilitate their working conditions; SHIPOWNER’S RESPONSIBILITY FROM THE SEAMEN’S DAMAGES Shipowner’s Responsibility […]
Collision
Collision; is a private institution of Maritime Law that regulates the rights, obligations and responsibilities of those involved in the harm and damage caused by the collision of vessels. Fault of one party If the collision occurs due to the fault of one of the vessels or its crew, the party at fault is liable […]
