River Plate Conference on Maritime Law– May 2015 – Buenos Aires
The River Plate Conference on Maritime Law called by the Uruguayan Maritime Law Association and the Argentine Maritime Law Association (both local branches of the International Maritime Committee), took place on May 14 and 15, 2015. The conference was organized by the Argentine Association in the School of Law and Social Sciences of the University of Buenos Aires.
A copy of the presentations can be found here.
The program of the conference was the following:
Thursday 14th May
9.30: Opening ceremony. Speech of the Argentine Maritime Law Association’s chairman.
10.00/10.40: The efforts of the Uruguayan Maritime Law Association for the development of a new Uruguayan navigation law, the preparation of the proposal within the Association, the contacts with other non-governmental entities and the procedure in the Oriental Republic of Uruguay’s Parliament. Speaker: Capt. Alejandro Laborde (Uruguay).
11.00/11.30: Argentine Maritime Law Association’s relationship with the International Maritime Organization, and the Argentinean authorities. Speaker: Dr. Alberto C. Cappagli (Argentina).
11.30/12.00: Judicial sale of foreign vessels in Uruguay. Speaker: Dr. Leandro Vidal (Uruguay).
12.00/12.30: Judicial sale of foreign vessels in Argentina. Speaker: Carlos R. Lesmi (Argentina).
15.30/16.30: The new regulations of Uruguay: law 18,803 on the arrest of vessels and law 19,246 on maritime trade law. Speaker: Dr. Fernando Aguirre y Dr. Alejandro Sciarra (Uruguay).
16.30/17.00: Arrest of vessels under Argentine law. Speaker: Dra. Alicia Chivilo (Argentina).
18.00/18.30: Cargo survey at the port of destination under Argentine law. Speaker: Leonardo Mainero (Argentina).
Friday 15th May
9.00/9.30: Legal regime for offshore activities in Uruguay. Speaker: Dra. Mónica Ageitos y Dra. Victoria Zorrilla (Uruguay).
9.30/10.00: Legal regime for offshore activities in Argentine. Speaker: Dr. Fernando Ray (Argentina).
10.00/10.30: International projects on offshore activities. Speaker: Dr. Jorge M. Radovich (Argentina).
11.30/12.00: Wreck removal (Uruguayan law and the Nairobi Convention). Speaker: Dr. Horacio Rau (Uruguay).
12.00/12.30: Wreck removal under Argentine law. Speaker: Dr. Elías F. Bestani. (Argentina).
15.30/16.00: Flags of convenience: origin and problems that they cause. Speaker: Dr. Hugo R. Acha. (Argentina).
16.00/16.30: Flags of convenience: evolution and current situation. Speaker: Mr. Franco Piccirillo (Argentina).
17.30/18.00: The new Argentine Civil and Commercial Code and the Argentinian Legal Digest: their impacts on Maritime Law. Speaker: Dr. Diego E. Chami (Argentina).
19.00: Speech of the Uruguayan Maritime Law Association’s chairwoman and closing remarks by the Argentine Maritime Law Association’s chairman.
MODERATORS OF THE SESSIONS:
Dr. María Cecilia Gómez Masia,
Mr. Gustavo Nordensthal,
Dr. Erick A. Oms y
Dr. Fernando Romero Carranza.
Argentine Legal Digest
On 16 March 2015 the Argentine Maritime Law Association formally submitted its observations to the Argentine Legal Digest on navigation law. A copy of the submission in Spanish can be found in the link below.
Download the document in spanish
Seminar on Collisions – August 2014
On 27 and 28 August, 2014, the Argentine Maritime Law Association, the national branch of the Comité Maritime International, organized the Seminar on Collisions. The seminar was held at El Portal lounge of Sheraton Libertador Hotel, located at Av. Córdoba 690, in the City of Buenos Aires.
The seminar was opened with a present to Mr. Domingo M. López Saavedra on his appointment as Honorary Member of the Association.
The sessions were moderated by Alberto C. Cappagli, Diego E. Chami, R. Carlos and Jorge M. Radovich Lesmi.
The following topics were discussed:
Wednesday, 27 August, 2014
- The provisions of the Argentine Navigation Act on collisions apply only to collisions between vessels? As the case may be, what other incidents fall within the scope of such provisions? Leonardo Mainero.
- In the event of a collision, is the carrier liable for the damages sustained by the cargo transported by the carrier? If the answer were affirmative, in what cases is the carrier liable? If he were liable, is he entitled to limit his liability? What limitation would apply: that of the shipowner or that of the carrier? Horacio Mohorade.
- In the event of a collision, is the shipowner of a vessel liable for the damages sustained by the cargo transported onboard the other vessel? In what cases would he be held liable? Would such shipowner be entitled to limit liability and, in such a case, what limit would apply: that of the shipowner or that of the carrier? Eduardo Adragna.
- In cases of collisions, aree shipowners entitled to limit liability in respect of the damages sustained by third parties unrelated to the navigation activity? Alicia Chivilo.
- What damages are comprised within the reference contained in article 359 of the Navigation Act “all resulting damages”? Is this reference equivalent to the “the damages” contained in article 3 of the 1910 Brussels Convention on Collisions? Elias F. Bestani.
- What is the value of the expert report, the Coastguard investigations and the decisions of the criminal courts in the civil actions on collisions? Erick A. Oms.
- When does the rule of jurisdiction by attraction (fuero de atracción) operate and to whom is the res judicata effect binding upon in civil cases on collisions? Erick A. Oms.
Thursday, 28 August, 2014
- What is the coverage granted by cargo insurance policies regarding damages resulting from collisions? Hernán López Saavedra.
- What is the coverage graned by cargo policies in respect of general average and salvage costs? Hernán López Saavedra.
- What is the coverage granted by the running down clause in hull and machinery policies, in collision cases? Francisco Weil (h).
- Do third parties have a direct action against the against the insurer in an insurance contract containing a running down clause? Fernando Porcelli.
- What is the coverage granted by P&I Clubs? Fernando Porcelli.
- What is the applicable law in the Paraguay-Parana Waterway in respect of collisions and what are the competent courts? In connection with the applicable law and competent courts, is it relevant whether or not the vessels involved are sea-going vessels? Is nationality relevant? Ricardo Álvarez.
- Brief comment on the basic features of the International Regulations for Preventing Collisions. Hugo Matthews.
River Plate Conference on Maritime Law – June 2013 – Institutionalization
On June 27 and 28, 2013 was held the VII River Plate Conference on Martime Law, organized by the Uruguayan Maritime Law Association in Montevideo, Uruguay.
The program of the conference was the following:
June 27, 2013
Opening Act – Speech of the Uruguayan Maritime Law Association’s president, Mr. Gonzalo Dupont Abó
PERSPECTIVES OF A MARINE POLICY INTEGRATED IN THE REGION
- Uruguay – Oscar González Álvarez “Analysis for a regional marine policy. Legal System in force in Uruguay.”
- Navigation Center – Mario Baubeta “A marine policy for the MERCOSUR”
- Paraguay – César Daniel Patiño “The Paraguayan naval policy”
- Paraguay – Carlos Ayala “The Paraguayan naval policy”
- Navigation Center – Diego Moltini “Uruguay: the new challenges of the great projects in shipping matters”
- PNN – CN (CP) Guido Ferrari and CC (CP) Horacio Rau “Regulations for shipping operations and offshore operating platforms”
- Argentina – Jorge Radovich “Towards an international regulation of pollution liability and other aspects of the offshore extractive industry”
- Uruguay – Carlos Sagrera “Safety and Offshore. Recent trends”
- Brazil – Pedro Calmon Filho “Oil industry & offshore gas. Contractual and non-contractual liabilities. How to defended oneself in a hostile and risky environment”
June 28, 2013
- Argentina – Carlos Lesmi “Fuel attachment” and Erick Oms “ Ship arrest under Argentinian law”
- Brazil –Godofredo Mendes Viana “Preventive arrest of vessels under Brazilian Law”
- Uruguay – Victoria Zorrilla “The new law on arrest of vessels. International Private Law Perspective”
- Navigation Center – Alejandro González “ Cruises: business unit with quality services”
- National Port Administration – Ana Rey “Commercial strategy and cruise business competitiveness”
- Argentina – Diego E. Chami and Eduardo Adragna “Tourism cruises”
- Argentina – Alberto Cappagli “Collision. Applicable law and competent courts”
- Argentina – Elias F. Bestani “Collisions Lawsuits - Argentinian legal regime”
ENVIRONMENT AND POLLUTION
- Argentina – Violeta Radovich “Environmental concern in offshore activities”
- Brazil – Alessander Lopes Pinto “Regulation, competence and control of the environmental aspects of offshore exploitation and production activities of oil and natural gas”
- Uruguay – Marcelo Cousillas “Environmental Law in the Maritime field”
- PBB – CN (CP) Daniel Quevedo “ Maritime Authority competence in the protection of the maritime environment”
Closing Act - Speeches of the President of the Uruguayan Maritime Law Association, Mr. Gonzalo Dupont Abó, and of the President of the Argentinean Maritime Law Association, Dr. Alberto C. Cappagli.
This conference served as framework for the institutionalization of the River Plate Conferences on Maritime Law, through the signature of an agreement between the Argentinian and Uruguayan Associations by which the River Plate Conferences will be held every two years, alternatively in Buenos Aires and Montevideo.
Seminar on Current Issues in Maritime Law - November 2011
On November 15 and 16, 2011, the Argentine Maritime Law Association held the Seminar on Current Issues in Maritime Law, coordinated by Mr. Hernán López Saavedra.
The meetings were held in the Centro Argentino de Ingenieros (Costantini Hall), located in Cerrito 1250, in the city of Buenos Aires.
The topics and speakers were:
- The new clauses for the transportation of goods (ICC 2009), by Horacio Mohorade.
- Hull and machinery coverage in the Argentine market, by Mr. Stephen Vivanco.
- The liability of pilots, by Ms. Nelida Angelotti and Mr. Elias F. Bestani.
- Volume Contracts. Liability: validity of force majeure clauses. Jurisdiction clause, by Ricardo Javier Alvarez.