Crew Management - Law Essay

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● Crew Management ● Course Code – LP0071 Part A 1. Andreas only speaks Portuguese and the contract is in English with an English jurisdiction clause which reads as follows: “All disputes are to be heard in England, unless the dispute relates to any issue of employment which will be governed by the laws of the Dominican Republic, unless you are resident in the Dominican Republic in which case the contract will be governed by the laws of North Korea. In the event that a claim is brought, you agree to indemnify the ship-owners against any losses, including legal expenses, incurred by the ship-owner and not to take any further action unless permission has been granted by the ship-owners.” Why is this clause unenforceable? Maritime law…show more content…
For example the British government objected to what it saw as broad reforms by the back door as the directive not only included new health and safety provisions. It is notable that this directive does not apply to the maritime sector where it would be impossible to implement. To provide Matthew with the correct advice I would draw his attentions to the Maritime Labour Convention and how it can provide him with all the necessary contractual agreements concerning his working hours and safe working practise which can be found in title 2. Conditions of Employment - which documents the seafarer’s employment agreements shall be agreed to by the seafarer under conditions which ensure that the seafarer has an opportunity to review and seek advice on the terms and conditions in the agreement and freely accepts them before signing. Should he still be unclear or require further advise I would then provide information on current IMO and STCW legislation concerning "hours of rest" 3. Jorge, a representative of the ship-owner, has read a recent correspondence from you regarding the Maritime Convention 2006. He is adamant it does not apply to The Inquest as the ship flies under the flag of the state of lesserregulation. Explain to him with an example how the convention does apply. The Maritime Convention 2006 applies in the case of The Inquest even though it flies under the flag of lesseregulation as the convention aims to prevent unfair competition through
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