Legal Analysis in Maritime Laws Based on <i>Grounding Case of M/V “EVER GIVEN” in Suez Canal</i>

Zhang Yizhen; Jiang Zhengxiong; Wang Deling

doi:doi:10.11648/j.ijls.20210402.18

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Legal Analysis in Maritime Laws Based on Grounding Case of M/V “EVER GIVEN” in Suez Canal

Zhang Yizhen, Jiang Zhengxiong, Wang Deling

Published in International Journal of Law and Society (Volume 4, Issue 2)

Received: 30 April 2021 Accepted: 17 May 2021 Published: 26 May 2021

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Abstract

On March 24, 2021, M/V EVER GIVEN from Evergreen Marine Corp stranded in the southern part of the Suez Canal shortly after it entered the canal, resulting in the closure of the two-way channel of the Suez Canal and the blockage of hundreds of ships on the route between Asia and Europe. There exist quite tedious and complicated legal issues behind the stranding of M/V EVER GIVEN, including the contractual liability of M/V EVER GIVEN to the owners of cargo, the legal liability of M/V EVER GIVEN to the Suez Canal Authority and to the rescue force, and the establishment and contribution of general average. As to the specific claims for compensation, the legal relationship between the parties should be made clear firstly, and the establishment of the right to claim should then be confirmed. We should also distinguish claims which have been covered by the insurer or the P&I club from those which should be the responsibility of the ship owner. Combined with the gross tonnage data of M/V EVER GIVEN, the limitation of liability for maritime claims can be calculated according to the 2012 Amendment of CONVENTION ON LIMITATION OF LIABILITY FOR MARITIME CLAIMS 1976. To have a conclusion that the paper will predict whether the owner of M/V EVER GIVEN will be bankrupt, the value of the vessel should be compared with the amount of limitation of liability for maritime claims.

Published in	International Journal of Law and Society (Volume 4, Issue 2)
DOI	10.11648/j.ijls.20210402.18
Page(s)	107-114
Creative Commons	This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.
Copyright	Copyright © The Author(s), 2021. Published by Science Publishing Group

Keywords

M/V EVER GIVEN, Stranding, Claiming, Maritime Law, Issues

References

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[5]	Scrutton, Th. Ed. (1996) Scrutton on Charterparties and Bills of Lading (20th ed), Sweet & Maxwell.
[6]	Selvig, E. (1961). The Paramount clause. The American Journal of Comparative Law, 10 (3), 205–226.
[7]	Akan P. (2020) The Effect of the Arbitration Clause Incorporated in a Bill of Lading to Third Persons. In: Mukherjee P., Mejia, Jr. M., Xu J. (eds) Maritime Law in Motion. WMU Studies in Maritime Affairs, vol 8. Springer, Cham.
[8]	Delebecque, P. (2010b). Obligations of the carrier. In A. von Ziegler, J. Schelin, & S. Zunarelli (Eds.), The Rotterdam Rules 2008: Commentary to the United Nations Convention on contracts for the international carriage of goods wholly or partly by sea (p. 71). Kluwer Law International.
[9]	Djadjev I. (2017) The Carrier’s Obligations over the Cargo Under the Hague-Visby Rules and the Rotterdam Rules. In: The Obligations of the Carrier Regarding the Cargo.
[10]	Berlingieri, F. (2009). A comparative analysis of the Hague-Visby Rules, the Hamburg Rules and the Rotterdam Rules, a paper delivered at the General Assembly of the AMD in Marrakesh on November 5-6, 2009. Available via UNCITRAL.
[11]	Peng, Q., Wang, C. Ship space sharing strategies with different rental modes: How does NVOCCs cooperate with booking platform? Oper Res Int J (2021).
[12]	Pejovic, C. (2000). The identity of carrier problem under time charters. Journal of Maritime Law and Commerce, 31 (3).
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[14]	Chacón V. H. (2017) The Obligation of Practicing Due Diligence in the Carriage of Goods by Sea. In: The Due Diligence in Maritime Transportation in the Technological Era. Springer Series on Naval Architecture, Marine Engineering, Shipbuilding and Shipping, vol 5.
[15]	Butakova N. A., Ivanova T. N. (2020) Salvage at Sea: International Law Problems. In: Popkova E., Sergi B. (eds) Scientific and Technical Revolution: Yesterday, Today and Tomorrow. ISC 2019. Lecture Notes in Networks and Systems, vol 129.

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APA Style

Zhang Yizhen, Jiang Zhengxiong, Wang Deling. (2021). Legal Analysis in Maritime Laws Based on Grounding Case of M/V “EVER GIVEN” in Suez Canal. International Journal of Law and Society, 4(2), 107-114. https://doi.org/10.11648/j.ijls.20210402.18

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ACS Style

Zhang Yizhen; Jiang Zhengxiong; Wang Deling. Legal Analysis in Maritime Laws Based on Grounding Case of M/V “EVER GIVEN” in Suez Canal. Int. J. Law Soc. 2021, 4(2), 107-114. doi: 10.11648/j.ijls.20210402.18

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AMA Style

Zhang Yizhen, Jiang Zhengxiong, Wang Deling. Legal Analysis in Maritime Laws Based on Grounding Case of M/V “EVER GIVEN” in Suez Canal. Int J Law Soc. 2021;4(2):107-114. doi: 10.11648/j.ijls.20210402.18

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@article{10.11648/j.ijls.20210402.18,
  author = {Zhang Yizhen and Jiang Zhengxiong and Wang Deling},
  title = {Legal Analysis in Maritime Laws Based on Grounding Case of M/V “EVER GIVEN” in Suez Canal},
  journal = {International Journal of Law and Society},
  volume = {4},
  number = {2},
  pages = {107-114},
  doi = {10.11648/j.ijls.20210402.18},
  url = {https://doi.org/10.11648/j.ijls.20210402.18},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20210402.18},
  abstract = {On March 24, 2021, M/V EVER GIVEN from Evergreen Marine Corp stranded in the southern part of the Suez Canal shortly after it entered the canal, resulting in the closure of the two-way channel of the Suez Canal and the blockage of hundreds of ships on the route between Asia and Europe. There exist quite tedious and complicated legal issues behind the stranding of M/V EVER GIVEN, including the contractual liability of M/V EVER GIVEN to the owners of cargo, the legal liability of M/V EVER GIVEN to the Suez Canal Authority and to the rescue force, and the establishment and contribution of general average. As to the specific claims for compensation, the legal relationship between the parties should be made clear firstly, and the establishment of the right to claim should then be confirmed. We should also distinguish claims which have been covered by the insurer or the P&I club from those which should be the responsibility of the ship owner. Combined with the gross tonnage data of M/V EVER GIVEN, the limitation of liability for maritime claims can be calculated according to the 2012 Amendment of CONVENTION ON LIMITATION OF LIABILITY FOR MARITIME CLAIMS 1976. To have a conclusion that the paper will predict whether the owner of M/V EVER GIVEN will be bankrupt, the value of the vessel should be compared with the amount of limitation of liability for maritime claims.},
 year = {2021}
}

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TY  - JOUR
T1  - Legal Analysis in Maritime Laws Based on Grounding Case of M/V “EVER GIVEN” in Suez Canal
AU  - Zhang Yizhen
AU  - Jiang Zhengxiong
AU  - Wang Deling
Y1  - 2021/05/26
PY  - 2021
N1  - https://doi.org/10.11648/j.ijls.20210402.18
DO  - 10.11648/j.ijls.20210402.18
T2  - International Journal of Law and Society
JF  - International Journal of Law and Society
JO  - International Journal of Law and Society
SP  - 107
EP  - 114
PB  - Science Publishing Group
SN  - 2640-1908
UR  - https://doi.org/10.11648/j.ijls.20210402.18
AB  - On March 24, 2021, M/V EVER GIVEN from Evergreen Marine Corp stranded in the southern part of the Suez Canal shortly after it entered the canal, resulting in the closure of the two-way channel of the Suez Canal and the blockage of hundreds of ships on the route between Asia and Europe. There exist quite tedious and complicated legal issues behind the stranding of M/V EVER GIVEN, including the contractual liability of M/V EVER GIVEN to the owners of cargo, the legal liability of M/V EVER GIVEN to the Suez Canal Authority and to the rescue force, and the establishment and contribution of general average. As to the specific claims for compensation, the legal relationship between the parties should be made clear firstly, and the establishment of the right to claim should then be confirmed. We should also distinguish claims which have been covered by the insurer or the P&I club from those which should be the responsibility of the ship owner. Combined with the gross tonnage data of M/V EVER GIVEN, the limitation of liability for maritime claims can be calculated according to the 2012 Amendment of CONVENTION ON LIMITATION OF LIABILITY FOR MARITIME CLAIMS 1976. To have a conclusion that the paper will predict whether the owner of M/V EVER GIVEN will be bankrupt, the value of the vessel should be compared with the amount of limitation of liability for maritime claims.
VL  - 4
IS  - 2
ER  -

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Author Information

Zhang Yizhen

Law School, Shanghai Maritime University, Shanghai, China
Jiang Zhengxiong

Law School, Shanghai Maritime University, Shanghai, China
Wang Deling

Merchant Marine College, Shanghai Maritime University, Shanghai, China

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APA Style

Zhang Yizhen, Jiang Zhengxiong, Wang Deling. (2021). Legal Analysis in Maritime Laws Based on Grounding Case of M/V “EVER GIVEN” in Suez Canal. International Journal of Law and Society, 4(2), 107-114. https://doi.org/10.11648/j.ijls.20210402.18

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ACS Style

Zhang Yizhen; Jiang Zhengxiong; Wang Deling. Legal Analysis in Maritime Laws Based on Grounding Case of M/V “EVER GIVEN” in Suez Canal. Int. J. Law Soc. 2021, 4(2), 107-114. doi: 10.11648/j.ijls.20210402.18

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AMA Style

Zhang Yizhen, Jiang Zhengxiong, Wang Deling. Legal Analysis in Maritime Laws Based on Grounding Case of M/V “EVER GIVEN” in Suez Canal. Int J Law Soc. 2021;4(2):107-114. doi: 10.11648/j.ijls.20210402.18

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@article{10.11648/j.ijls.20210402.18,
  author = {Zhang Yizhen and Jiang Zhengxiong and Wang Deling},
  title = {Legal Analysis in Maritime Laws Based on Grounding Case of M/V “EVER GIVEN” in Suez Canal},
  journal = {International Journal of Law and Society},
  volume = {4},
  number = {2},
  pages = {107-114},
  doi = {10.11648/j.ijls.20210402.18},
  url = {https://doi.org/10.11648/j.ijls.20210402.18},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20210402.18},
  abstract = {On March 24, 2021, M/V EVER GIVEN from Evergreen Marine Corp stranded in the southern part of the Suez Canal shortly after it entered the canal, resulting in the closure of the two-way channel of the Suez Canal and the blockage of hundreds of ships on the route between Asia and Europe. There exist quite tedious and complicated legal issues behind the stranding of M/V EVER GIVEN, including the contractual liability of M/V EVER GIVEN to the owners of cargo, the legal liability of M/V EVER GIVEN to the Suez Canal Authority and to the rescue force, and the establishment and contribution of general average. As to the specific claims for compensation, the legal relationship between the parties should be made clear firstly, and the establishment of the right to claim should then be confirmed. We should also distinguish claims which have been covered by the insurer or the P&I club from those which should be the responsibility of the ship owner. Combined with the gross tonnage data of M/V EVER GIVEN, the limitation of liability for maritime claims can be calculated according to the 2012 Amendment of CONVENTION ON LIMITATION OF LIABILITY FOR MARITIME CLAIMS 1976. To have a conclusion that the paper will predict whether the owner of M/V EVER GIVEN will be bankrupt, the value of the vessel should be compared with the amount of limitation of liability for maritime claims.},
 year = {2021}
}

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TY  - JOUR
T1  - Legal Analysis in Maritime Laws Based on Grounding Case of M/V “EVER GIVEN” in Suez Canal
AU  - Zhang Yizhen
AU  - Jiang Zhengxiong
AU  - Wang Deling
Y1  - 2021/05/26
PY  - 2021
N1  - https://doi.org/10.11648/j.ijls.20210402.18
DO  - 10.11648/j.ijls.20210402.18
T2  - International Journal of Law and Society
JF  - International Journal of Law and Society
JO  - International Journal of Law and Society
SP  - 107
EP  - 114
PB  - Science Publishing Group
SN  - 2640-1908
UR  - https://doi.org/10.11648/j.ijls.20210402.18
AB  - On March 24, 2021, M/V EVER GIVEN from Evergreen Marine Corp stranded in the southern part of the Suez Canal shortly after it entered the canal, resulting in the closure of the two-way channel of the Suez Canal and the blockage of hundreds of ships on the route between Asia and Europe. There exist quite tedious and complicated legal issues behind the stranding of M/V EVER GIVEN, including the contractual liability of M/V EVER GIVEN to the owners of cargo, the legal liability of M/V EVER GIVEN to the Suez Canal Authority and to the rescue force, and the establishment and contribution of general average. As to the specific claims for compensation, the legal relationship between the parties should be made clear firstly, and the establishment of the right to claim should then be confirmed. We should also distinguish claims which have been covered by the insurer or the P&I club from those which should be the responsibility of the ship owner. Combined with the gross tonnage data of M/V EVER GIVEN, the limitation of liability for maritime claims can be calculated according to the 2012 Amendment of CONVENTION ON LIMITATION OF LIABILITY FOR MARITIME CLAIMS 1976. To have a conclusion that the paper will predict whether the owner of M/V EVER GIVEN will be bankrupt, the value of the vessel should be compared with the amount of limitation of liability for maritime claims.
VL  - 4
IS  - 2
ER  -

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