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Courts keep on the right side of the law.
(From Lloyds List)
AS ONE of the region's busiest shipping hubs, Malta has seen a steady number of shipping-related cases before its courts.
Despite shifting legislation due to European Union and other international regulations, the island has a strong legal foundation, a key ingredient of a maritime centre.
In recent months the courts have given judgments on a variety of issues including cargo claims, limitation of liability and claims brought by agents against vessels.
Unlike the trend last year, there has been a decrease in mortgagees calling in on defaulting shipowners and taking possession of vessels.
Under Maltese law mortgagees are privileged in the sense that if their mortgage over a vessel meets the criteria established by law, mortgagees have what is called an 'executive title' and can proceed directly with the sale of the vessel without the need to start an action.
This special treatment of mortgagees is one of the reasons behind the success of the Maltese flag, says local legal expert Ann Fenech.
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