Crew Management - Law
● Course Code – LP0071
1. Andreas only speaks Portuguese and the contract is in English with an English jurisdiction clause which reads as follows:
“All disputes are to be heard in England, unless the dispute relates to any issue of employment which will be governed by the laws of the Dominican Republic, unless you are resident in the Dominican Republic in which case the contract will be governed by the laws of North Korea. In the event that a claim is brought, you agree to indemnify the ship-owners against any losses, including legal expenses, incurred by the ship-owner and not to take any further action unless permission has been granted by the ship-owners.”
Why is this clause unenforceable?
Maritime law …show more content…
Minimum requirements for Seafarers to work on a ship" section clearly states “Each Member which has ratified this Convention shall require that ship owners of ships that fly its flag, who use seafarer and placement services based in countries or territories in which this convention does not apply, ensure, as far as practicable, that those services meet the requirement of this standard.” By including this in the Convention it effectively places the burden to member states to regulate the employment of overseas workers employed to work on board ships registered to its flag. This is a marked change from the traditional approach of national law makers who have resisted imparting national laws on ships where they are predominantly operating overseas and utilising foreign workers.
I would explain the concept of the legislation and how, in representing the ship-owner, has a direct responsibility in ensuring the vessel complies with the regulation
4. Explain why the international group of P&I clubs exists and what key functions it performs.
The international group of P&I clubs exist in order to provide a collective insurance and reinsurance for the 17 P&I clubs and their affiliates, it provides a forum for the respective clubs to discuss legal and technical issues affecting them and a general exchange of information. It appoints a sub committee in order to deal with