Currently, along with the development of economy and international integration, the maritime operations play an important role in the economic development of each country. However, the fact that freight ships have to travel through many different countries leading to many legal problems. Many unfortunate cases occur as the ship was wrecked, collided … and affect the delivery schedule as well as causing damage to goods trading and traders. Renting a cargo ship has gradually become a familiar phrase for any import-export business or organization. Many disputes and lawsuits are arising from the charter process, signed between the carrier and the shipping company, between the buyer and the shipowner … In this article, Lac Duy & Associates will present to readers more clearly about the shipping dispute and the types of disputes in the maritime industry
According to the provisions of the law, specifically in the Maritime Code 2015 stipulates: “A seagoing vessel is a specialized mobile floating vehicle operating at sea ” and “Maritime dispute refers to any dispute relating to marine operations.. “
The classification of maritime disputes is based on different criteria. There are three main classifications:
- Based on the contractual elements of maritime disputes can be classified into two categories:
- The dispute in the contract is the phenomenon that arises when the acts committed on the rights and obligations of the parties, the dispute arises basis is a violation of the rights and obligations stipulated in the contract. For example, disputes between buyer and seller in a contract of sale of a ship or a dispute between the carrier and the shipper in the contract of carriage of goods…
- Out-of-contract disputes arise between parties not participating in the contract or between one of the two contracting parties and a non-contracting third party. In this case, the contract is not grounds to blame who acts committed. The liability of the violating party is determined based on the breach of the party causing the damage, the degree of damage occurred, the error factor, the causal relationship between the act and the consequences, the force majeure events (if any)… such as dispute about compensation for damage caused by oil pollution from ships …
- Based on foreign factors in maritime disputes can be divided into maritime disputes with foreign elements and maritime disputes without foreign elements.
In addition, based on the content of maritime claims, maritime disputes can be divided into disputes about the loss of damage to people, property, or ships; disputes over salvage activities, disputes over contracts for carriage of goods and passengers, disputes over ship chartering contracts, disputes over seagoing ship sale and purchase contracts, disputes over general average, disputes over towage ship towing, maritime pilotage disputes, crew salaries, master masters, insurance premiums disputes, ownership or possession of ships …