POR MARC DE MAN Es un derivado, o extensión del arrest “in rem”. El arrest in rem puede ser invocado contra la nave que ha causado el daño o la deuda. Si la nave se encalla, o sufre daños por una colisión o abordaje, quizás no le queda mucho valor. En algunos casos, no se puede…
By Marc de Man For recoveries in general, Canada is an ideal jurisdiction. It is not South Africa, but it does have a great juridical arsenal. It has four recourses that may be invoked, these being the arrest in rem, the sistership arrest, the Mareva Injunction and in Quebec, the saisie avant jugement. To arrest,…
By Marc de Man Canada has in the last few years attempted to establish a practical and expeditious approach to the resolution of subrogated cargo claims. The adoption of the Hague/Visby Rules under the name of Carriage of Goods by Water Act 1993 Statutes of Canada, Chapter 21, the coming into force of the Marine Liability…
By Marc de Man THE CANADIAN INSTITUTE OF MARINE ENGINEERING “What happens if the shipowner decides not to pay for ship repairs?” I am grateful for your kind invitation to address such an illustrious gathering. In fact, it reminds me of the marine engineer who was working diligently on board a bulk carrier in an…
By Marc de Man Cuba is the pearl of the Caribbean. It has magnificent beaches, exceptional microclimates, which produce the best cigars in the world and the sugar cane. The Cuban people are some of the best educated, cordial and hospitable on the planet. During the Pan American games in Winnipeg, Canada, and the Olympic…
By Marc de Man Canada is a privileged jurisdiction in that it has a legal system derived both from the Common Law and the European Continental Civil Law. In the Province of Quebec, the juridical systems of England and France are amalgamated, adopting the Common Law in certain areas and the Napoleonic Code, or Civil…
