admiralty law

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Related to Admiralty actions: Maritime Lien

admiralty law:

see maritime lawmaritime law,
system of law concerning navigation and overseas commerce. Because ships sail from nation to nation over seas no nation owns, nations need to seek agreement over customs related to shipping.
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168) The court determined that when a litigant pursues a maritime claim in federal court as a common law action under the "saving to suitors" clause, the claim is treated substantively as an admiralty action and procedurally as a common law action, thereby requiring the application of the Seventh Amendment.
For example, an insurance company may bring an admiralty action seeking a declaration that it is not obligated under the terms of a marine insurance policy to provide coverage for damage to a vessel.
Such collective proceedings would not only include in rem admiralty actions (where there are competing claims to ares), but also bankruptcy and forfeiture actions.
As already mentioned, the actual possession rule is pervasive for all in rem admiralty actions involving sovereigns, not just foreign states.
With respect, the concerns expressed by Allsop J in Comandate Marine that The Indian Grace approach might work to an admiralty plaintiff's disadvantage, might have a chilling effect on admiralty actions in rem, or might aid collusion or fraud on the part of shipowners, appear unfounded on a careful reading of the scope of the decision in The Indian Grace and the implications of Lord Steyn's reasoning.
See also Mark West, 'Arbitrations, Admiralty Actions In Rem and the Arrest of Ships in the Hong Kong SAR: In the Twilight of The Indian Grace (No.
Gainsford Bruce, l Treatise on the Jurisdiction and Practice of the English Courts in Admiralty Actions and Appeals 4-5 (W.
36) The Supreme Court interpreted the scope of sovereign immunity as it relates to in personam admiralty actions in Ex parte New York (37) and Workman v.