And I will proceed offshore again. Sao Tomé recalls that it concluded the Settlement Agreement with DS Tankers on 23 November 2013, according to which Sao Tomé released. DI: Negative, negative. For instance, Malta submits that its letter of 18 September 2013 was a pre-notification of arbitration, clearly indicating the existence of a dispute. During its Closing Statement, Sao Tomé stated that it had not previously seen the Radar ScreenShot and that while it had been provided with a copy of the Written Statement, it had not had an opportunity to review or verify its content. at Indian Coast (coordinates 9.24655 N / 75.72028 E) reported 5 hours ago by AIS. Sao Toméan authorities proceeded to execute the part of the court decision ordering the forfeiture of the cargo. The sentence against the Masters was based on Article 274 of its Criminal Code. 4 to the Settlement Agreement, providing for its extension from April/May 2013 for up to six months and, thereafter, Malta contends that with only temporary classification, the vessel was not permitted to perform STS operations. On the basis of the Parties' agreement and Article 3 of Annex VII of the Convention, the Tribunal is composed of three arbitrators: Professor Alfred H.A. In accordance with the revised Procedural Timetable, Malta submitted its Memorial and corresponding exhibits and authorities on 12 December 2014. Article 293 is not, however, a means to obtain a determination that some treaty other than the Convention has been violated, unless that treaty is otherwise a source of jurisdiction, or unless that treaty directly applies pursuant to the Convention.381. 3. Vessel DUZGIT INTEGRITY is a tanker ship sailing under the flag of Malta.Her IMO number is 9380415 and MMSI number is 249379000. Sao Tomé disputes the allegation that the vessel was left unseaworthy during its detention in Sao Tomé. 2014-07, Award On 22 October 2013, Malta filed a Notice of Arbitration pursuant to Article 287 and Article 1 of On 23 October 2015, Malta submitted its Reply and corresponding exhibits and authorities.
Malta submits that the principal amount claimed is at minimum USD 12,921,796.84 (provisionally calculated). Sao Tomé also objected to the request to submit the 21 hours of recording. A court or tribunal referred to in article 287 shall also have jurisdiction over any dispute concerning the interpretation or application of an international agreement related to the purposes of this Convention, which is submitted to it in accordance with the agreement. According to Malta, this illustrates that the STS operation was not conducted by individuals with the required qualifications. As the Tribunal has noted in paragraph 209, under international law, enforcement measures taken by a coastal State in response to activity within its archipelagic waters are subject to the requirement of reasonableness, which encompasses the general principles of necessity and proportionality.
Further information about the case may be found here. Sao Tomé adds that certain claims appear to be unfounded and incorrect, namely: Regarding the issue of contributory fault, Sao Tomé submits that the acts and omissions of, As regards the first two forms of reparation claimed by Malta in its final submissions (see, As regards the third form of reparation claimed by Malta (see. Malta states that Sao Tomé omits any mention to the relevance of the escalation of events on 11 October 2013. Malta further submits that the Settlement Agreement was concluded in coercive circumstances, "under duress", and by applying maximum pressure on the owners and charterers of, Malta asks the Tribunal to consider circumstances that it submits illustrate the pressure felt by DS Tankers to reach an agreement in order to have. 2. 15 Oct 2018, 11:01:38 UTC You have any guys in your ship speak Spanish, Spanish or French is good over. 7. [To render] a declaratory judgement confirming the wrongfulness of [Sao Tomé and Príncipe's] conduct, a formal apology, and compensation for moral and financial losses incurred as a result of [Sao Tomé and Príncipe's] action against all interest of the Duzgit Integrity, including shipowner, charterers and crew. You are welcome and your information and navy boat is very well. Article 7 of Annex VII to the Convention provides: This is reiterated in Article 29 of the Rules of Procedure. On 5 August 2013, the Supreme Court granted the Sao Toméan State Attorney's request to sell the cargo on board. By Procedural Order No. The dispute concerns the arrest of a ship flying the Maltese flag, the “Duzgit Integrity”, which was attempting to initiate a transfer of cargo from ship to ship (“STS”) in the archipelagic waters of São Tomé and Príncipe and subsequent measures taken by the state against the captain, the cargo and the charger of the vessel.
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