Malta Maritime Law Association

Malta Maritime Law Association

Member of the Comité Maritime International

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Dr Ann Fenech elected CMI Vice President

December 5, 2018 2 Comments

The Malta Maritime Law Association is delighted to announce that Dr Ann Fenech, President of the Malta Maritime Law Association and Managing Partner of Fenech & Fenech Advocates was last Friday (9 November 2018) elected Vice President of the Comité Maritime International  (CMI) by the General Assembly of the CMI at the IMO in London.

The CMI is an international body established in Antwerp in 1891 with the aim of unifying International Maritime Law.  It has been responsible of drafting some of the most important international maritime conventions including the Arrest Conventions of 1952 and 1999, the Collision Regulations and the Salvage Convention.

Dr Fenech was suggested for nomination for this position by Ireland and Sweden.  She was  voted in by the members of CMI who are the  national maritime law associations of 51 different countries.  She is the first Maltese to be elected to the position of Vice President within the CMI.

The CMI is currently working on a number of important projects including Automation and the International Recognition of Judicial Sales.  Dr Fenech was heavily involved in recent efforts in persuading UNCITRAL (the United Nations Committee on International Trade Law) to accept the proposal of the Government of Switzerland to commence work on an International Convention on the International Recognition of Judicial Sales.  UNICITRAL has in fact added this project to its working agenda.

Dr Fenech’s election as Vice President of the CMI is considered as a very valuable addition to the profile of Maritime Malta world wide.  It will mean that Maritime Malta will also be represented at the highest levels of international maritime law.  Ann Fenech has been practicing maritime law exclusively since 1986.

Filed Under: CMI, International Law News, International News, Latest, Malta, MMLA

MMLA President Ann Fenech appointed Honorary Member of the Croatian Maritime Law Association

November 2, 2018 Leave a Comment

Dr. Ann Fenech, President of our association was appointed Honorary Member of the Croatian Maritime Law Association, during  the 2nd International Scientific Conference on Maritime Law held in Split on the 28th of September.

Dr. Fenech had been invited to the Conference to deliver a Key Note address on “The International Recognition of Judicial Sales – the way forward.”

She was awarded the Honorary Membership by the President of the Croatian Maritime Law Association, Gordon Stankovic who stated that this honour was being conferred on Dr. Fenech for the work that she has embarked on over the past few years as an Executive Council Member of the CMI.  Other recipients of this award include Giorgio Berlingieri, Patrick Griggs and Prof. Rhidian Thomas.

Filed Under: CMI, International Law News, International News, Judicial Sales, Latest, MMLA

MMLA President at UNCITRAL in New York

July 5, 2018 Leave a Comment

The President of the Malta Maritime Law Association (MMLA), Ann Fenech together with the President of Comité Maritime International (CMI) Stuart Hetherington represented CMI at the 51st session of UNCITRAL in New York on 29th June 2018.   Also present was another CMI Executive Council member, Professor Alex von Zeigler who was the Swiss delegate representing Switzerland.   Up for discussion was  the Swiss Proposal to UNCITRAL suggesting that UNCITRAL  should work on  cross border issues related to judicial sales.

In February the MMLA together with CMI and the Ministry for Transport  organized an international  Colloquium on a Draft International Instrument on Foreign Judicial Sales of Ships and their Recognition, a convention drafted by the CMI,  where international experts discussed the importance of having an international convention to deal with the issues of recognition of judicial sales of ships.  Present for the Colloquium were representatives of the entire maritime and trading industry including ship owners, charterers, financiers, suppliers of provisions and bunkers, flag registries and  representatives from BIMCO, FONASBA, the ITF as well as legal practitioners  and maritime service providers from around the world.   The conclusions of the  Malta Colloquium formed the basis of a report attached to the Swiss Proposal requesting UNCITRAL to take on the work.

The CMI are delighted to report that notwithstanding a number of other proposals put to UNCITRAL for future work,  the Swiss proposal for work on recognition of judicial sales was one of two proposals accepted by UNCITRAL.  UNCITRAL therefore mandated one of its working groups to take on this project.  It is expected that work on this will commence as soon as one of the working groups finishes its current assignment.

Filed Under: CMI, International Law News, International News, Judicial Sales, Latest, Malta, MMLA

Ann Fenech re-elected to the Comité Maritime International (CMI) Executive Council

September 12, 2017 Leave a Comment

Ann Fenech, who has for the last two years served as a member of the CMI Executive Council, was unanimously re-elected to a second term on the said Council. Ann Fenech’s reappointment took place during the CMI General Assembly held in Genoa at the beginning of September, which entrusted her to serve for another two year term as one of the 13 members of the CMI’s Executive Council.

Ann Fenech is the President of the Malta Maritime Law Association and the first Maltese person who has ever been elected to the CMI Executive Council.

The Comité Maritime International is the oldest organization in the world that is exclusively concerned with the unification of maritime law and related commercial practices. Founded in 1897, CMI has been responsible for the developing and drafting of most international maritime law instruments over the last century. To this effect, CMI also enjoys observer status at the International Maritime Organization (IMO).

Since her appointment two years ago, Ann Fenech has also been appointed as chair of the CMI International Working Group (IWG) on Ship Financing Security Practices. She delivered a presentation at the CMI/AIDIM Seminar, wherein she gave a detailed overview of the work carried out by the said IWG over the last year.

The Conference was very well attended with more than 200 maritime lawyers from all over the globe.

Filed Under: International Law News, Latest, Malta, MMLA

MMLA President at IMLI

December 1, 2016 Leave a Comment

Dr. Ann Fenech (President of the Malta Maritime Law Association and Managing Partner and Head of the Marine Litigation Department of Fenech & Fenech Advocates in Malta) visited the IMO International Maritime Law Institute (IMLI) on 22 November 2016 and delivered a set of lectures on ‘the Role of the Maritime Law Practitioner: Local and International’ to the IMLI Class of 2016 – 2017.  

Dr. Fenech began her lecture with a brief introduction of Malta’s historic location as a maritime nation which attracted many maritime activities, including the construction of a naval dockyard now developed into a commercial dockyard. 

On the role of a maritime law practitioner, Dr. Fenech described that such a role may come in various ways and situations across the entire spectrum of maritime activities. Maritime lawyers may be involved in contractual as well as transactional litigious cases such as ship repair contracts or post repair disputes between ship repairers and ship owners. Other areas which maritime lawyers may grapple with in their practice include the privatization of shipyards, industrial relations, and incidents during marine operations. She admitted that works concerning marine accidents could be heartbreaking in situations claiming lives. 

Further, Dr. Fenech discussed with the students, the crucial role maritime lawyers play in the registration of vessels. She vividly explained how Malta’s Ship Registry successfully developed from one million tons in 1986 to sixty-five million tons today;  from a flag of convenience to a flag of confidence; from a black-list to a white-list, and from a flag used by few to a flag used by many. The students learned that Malta is the 7th largest Registry in the world.      

While assuring the students that IMLI is one of the very few Institutions worldwide where students are introduced to the entire spectrum of maritime practice, Dr. Fenech advised them to have confidence in themselves as maritime lawyers when dealing with clients. She also advised them to be firm with an open mind and flexibility for various options for settlement in the best interest of clients.  

Dr. Ann Fenech obtained an LL.D. from the University of Malta in 1986 and joined the international shipping law firm of Holman Fenwick and Willan in London. She obtained her LL.M. Degree in Maritime Law from the University of London in 1989 and worked with the law firm, Chaffe, McCall, Phillips Toler and Sarpy, in New Orleans, the United States of America two years later. In 1992, she joined Fenech and Fenech Advocates (Malta) where she set up the Marine Litigation Department and was appointed Managing Partner in 2008.  

She has been involved in the drafting of numerous shipping laws in Malta such as the Pilotage Act and amendments to existing laws including the Merchant Shipping Act and the Code of Organisation and Civil Procedure, where she introduced the rules governing the jurisdiction in rem for the Maltese Courts. She has held several portfolios in her career including Council Member of the European Maritime Law Association; President of the Malta Maritime Law Association, and Maritime Arbitrator, Malta Maritime Arbitration Center, among others. She was awarded Best in Shipping Law at the European Women in Business Awards in 2012 and 2014 respectively. In June 2016, Dr. Fenech was elected to the Executive Council of the Comité Maritime International.

Dr. Ann Fenech lectures extensively on Maritime Law at the University of Malta and abroad.

Source: IMLI Newsletter, December 2016

 

 

Filed Under: International Law News, International News, Latest, Malta, Malta Flag, MMLA

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Malta Maritime Law Association

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International Events

The CMI Assembly and Colloquium 2024 was held between 22-24 May in Gothenburg, Sweden. More information can be found here

The CMI Colloquium 2023 took place in Montreal, Canada from 14-16 June. More information can be found here

The 2022 CMI Conference took place in Antwerp, Belgium from 18-21 October when the Comite’ Maritime International celebrated its 125th anniversary. Find out more…

The CMI Assembly and Colloquium was held in Mexico City between 30 September – 2 October 2019: Find out more…

The CMI held the Assembly meeting and other events on 8./9. November 2018 in London. Find out more…

The Malta Colloquium on Judicial Sales was held on 27 February 2018 in Valletta. Find out more…

 

 

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