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German Maritime Arbitration Association (GMAA) as an alternative in international maritime disputes resolution

date of publication: 19.01.2015

Issues linked with the maritime trade are oftentimes highly complicated. This is mostly related to the plurality of legal systems, caused by the involvement of international entities in this business. Oftentimes, the citizen of a state X is employed aboard a vessel flying the flag of a state Y, whose Shipowner is registered in a state Z, and a certain event occurs in an even different region. The aforesaid characteristics of maritime cases make it fairly difficult to establish legal grounds for a given claim, its limitation periods and, most importantly, the advisability of its pursuance. International cases are usually associated with jurisdiction of foreign courts, which results in the necessity to involve local law offices and incur rather significant costs of proceedings and legal service outside the country.

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Revised Prevention of Pollution from Ships Act in force

date of publication: 16.01.2015

Beginning of year 2015 saw entry into force of the revised Polish Prevention of Pollution from Ships Act. The amendments to the Act were introduced in order to implement the provisions of 2012/33/UE Directive on the sulphur content of marine fuels (known as the EU sulphur directive) into Polish law.

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Multilevel dispute resolution in the shipbuilding and maritime trade – out-of-court proceedings as an alternative in domestic and international cases

date of publication: 12.01.2015

Seeking for alternative dispute resolution methods is an increasingly popular practice both in Poland and abroad. There are various reasons why the conflicted parties attempt to avoid confrontation in court. Among the basic causes of this, one may name the fact that court proceedings are usually strictly formalized, costly and lengthy. Moreover, not without a meaning is the atmosphere of such proceedings, openness of trials and lack of actual influence on a ruling, which is basically dependent on the judge's consideration. In the maritime and shipbuilding trade, a high level of expert knowledge is required, which the court and the assessors usually lack - this may affect the decisions issued in such proceedings.

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Seafarers' taxes: Brazil and the inconsistent standpoints of the tax authorities on the right to the abolition relief

date of publication: 06.01.2015

This article is intended to illustrate an increasingly significant problem, which relates to the application of the abolition relief by the Polish tax authorities with respect to Seafarers.

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Landing obligation – what it means and how to apply it

date of publication: 17.12.2014

From 1st January 2015 onwards fishermen in certain parts of the EU will have to land the fish they catch. By 2019 all fishermen will have the same obligation. In order to give full legal clarity for all fishermen affected by the imminent coming into force of this landing obligation, the European Commission has issued guidance on what the changes mean and how they will be applied and enforced.

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New brochure: Guidance for Beneficiaries of European Structural and Investment Funds and related EU instruments

date of publication: 17.12.2014

This new guide explains how to effectively access and use the European Structural and Investment Funds and on how to exploit complementarities with other instruments of relevant Union policies.

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Healthy and safe seas - EU backs United Nations resolutions on sustainable fisheries and the Law of the Sea

date of publication: 17.12.2014

The international community must continue to work together towards the sustainable use of oceans, to promote sustainable development, and to face up to the major threats confronting our marine environment. That was the message delivered today by the EU at the UN General Assembly (UNGA) in New York during a debate on two resolutions relating to the Law of the Sea and sustainable fisheries.

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Maritime mortgage as a form of maritime claims protection

date of publication: 14.12.2014

Maritime trade is generally associated with a significant amount of economic risk. The necessity to secure potential financial rights of its participants has led to formation of numerous legal structures, which have been used mostly for protection of maritime trade related claims. In order to strengthen their rights and certainty of claims satisfaction, creditors have sought security among the most valuable assets of debtors, such as vessels, cargo or outstanding compensation and fees. This editorial outlines the institution of maritime mortgage, which is notable due to the special subject of its protection.

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Arrest of vessel as a special form of maritime claims protection

date of publication: 14.12.2014

Maritime trade has always been influenced by numerous market factors, political issues and random events, which might lead to emergence of maritime claims against a ship-owner. In practice, due to existing contractual obligations, it oftentimes comes to various financial conflicts between ship-owners and other entities. Each party of a potential dispute is at risk of suffering quantifiable financial consequences, arising out of such conflicts. In order to minimize their financial hazard, creditors seek to secure maritime claims on debtors’ assets. A vessel, due to its high value - often amounting to millions of dollars, is a very attractive asset, which may be used to protect claims of a creditor against a debtor. Such form of security may be obtained with a so-called arrest of vessel, which shall be understood as detention of vessel by way of  maritime claims protection.

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Seafarers' Taxes: The States of Guernsey since 01.01.2015

date of publication: 01.12.2014

Over the past years, The States of Guernsey was certified by the Polish Ministry of Finance as a "tax haven" - a country with harmful tax competition in the area of income personal tax and corporate income tax. The end of April 2013 Guernsey has been removed from the list of countries applying harmful tax competition in the area of PIT and CIT in relation to Poland.

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Shipowners welcome revamped EU anti-piracy naval mission that will run until 2016

date of publication: 01.12.2014

EU Member States have decided to extend the mandate of the EU anti-piracy naval mission off the coast of Somalia both in terms of scope and duration. EU Navfor Atalanta will now run until 12 December 2016 and will include several new secondary objectives, designed to combat piracy and its root causes more effectively, by coordinating with and providing assistance to other EU initiatives in the area, as well as monitoring and reporting on illegal fishing activities.

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European Shipping Week 2-6 March 2015

date of publication: 27.11.2014

European Shipping Week will take place over the course of the week of 2-6 of March 2015 and will feature a variety of events. European Shipping Week is intended to be a platform where policy-makers from the main EU institutions will meet and engage with European shipowners and other stakeholders from the shipping sector. The focus will be on shipping, in all its different aspects.

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Rescue of Migrants at Sea is a Legal and Humanitarian Obligation, Says Shipowners' Global Trade Association

date of publication: 06.11.2014

The rescue of all persons in distress at sea – including illegal migrants – is an obligation under international maritime law, as well as being a long established humanitarian duty, says the International Chamber of Shipping (ICS).  ICS is the global trade association for commercial ship operators, whose ships are currently involved on a daily basis in the rescue of refugees at sea in the Mediterranean.

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Incoterms’ use in international trade

date of publication: 04.11.2014

In the process of concluding the sales agreement, both buyer and seller are interested in advantageous division of costs, responsibilities and the supply of goods risk. These matters have the crucial meaning for determining the basic component of every sales agreement which means: price, which can be reduced in case when the buyer provides the organisation and realization of goods transportation. As a rule, the more responsibilities the seller has, the higher price is. However, it is not the only aspect of sales transaction which is influenced by form of dividing the transaction costs, responsibilities and supply of goods risk by parties.

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European ports reform: making the most of the EU’s capabilities

date of publication: 31.10.2014

European shipowners have been closely following developments on the Commission’s third attempt to liberalise market access to port services and improve the financial transparency of ports. Throughout the legislative process, the EU shipping industry has urged EU decision-makers not to empty an already modest Commission proposal from all its meaning. Following a decision to suspend the legislative procedure by Rapporteur Knut Fleckenstein, the Italian Presidency of the Council has been pushing for a Council agreement. Shipowners are once again calling on EU decision-makers to maintain some degree of meaningfulness in the Regulation.

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