The Association plays a consultative role in connection with the development and enactment of national and international rules and regulations regarding the different areas of shipping and transport law. Many of the consultative tasks are delegated to special committees consisting of experts and representatives of parties that have an interest in the specific subject matter. An overview of recent activities of the Association in this area is given below.
Revision liability limits for the carriage of passengers in inland navigation, public transport and general passenger carriage
A committee comprised of Herman Boonk (Boonk Van Leeuwen), Reinier van Campen (Wiersma Mensonides), Maarten Claringbould (Van Traa), Pieter den Haan (AKD), Vivian van der Kuil (AKD), Tim Roos (Van Dam & Kruidenier) Frank Smeele (EUR) and Taco van der Valk (AKD) has been asked to advise the Ministry of Infrastructure and Water Management on the liability limits for the carriage of passengers in inland navigation, public transport and general passenger carriage in the wake of the judgment of the Hoge Raad in the Mathilda case: ECLI:NL:HR:2018:729; S&S 2018/85.
A Rotterdam Rules Committee was set up in the summer of 2013 following the pledge by the Minister of Security and Justice to ensure a more speedy preparation for the ratification of the Rotterdam Rules and the implementation thereof into national legislation.
The Rotterdam Rules Committee is a continuation of the previous Committees Issues on Transport Law and UNCITRAL Draft which worked on the draft text of the convention which the United Nations General Assembly recommended to become known as the Rotterdam Rules.
The Committee has the following members: Herman Boonk (Boonk Van Leeuwen), Vincent de Brauw (AKD), Maarten Claringbould (Van Traa), Nick Margetson (Margetson & Van 't Zelfde) (Secretary), Peter Ruyter (EVO), Daphne Smaling (Fenex/TLN), Frank Smeele (Erasmus School of Law), Michiel Starmans (Spliethoff), Jan Teunissen (Van Traa), Gertjan van der Ziel (Chair), and Thea van Zoelen-de Bruijn (KVNR).
The purpose of the Committee is to act as sounding board for the Ministry of Security and Justice in its preparation of the necessary legislation.
Strasbourg Convention of 2012 on the Limitation of Liability in Inland Navigation (CLNI 2012)
In co-operation with the IVR a committee consisting of Tim Roos (Van Dam & Kruidenier), Frank Smeele (Erasmus School of Law) and Frans de Vries Lentsch has commented on the Bill for the Amendment of Book 8 of the Civil Code in Connection with the Implementation of the Strasbourg Convention of 2012 on the Limitation of Liability in Inland Navigation (CLNI 2012, Dutch Treaty Series 2013, 72). The comments may be downloaded here. The document refers back to earlier comments and advice given. The comments of the Committee (in a different composition) from 2012 may be downloaded here. The advice of the Committee (again in different composition) from 2007 may be downloaded here.
COMITE MARITIME INTERNATIONAL
Questionnaire Pandemic Response II (18 June 2020)
This CMI Questionnaire concerns the Covid-19 pandemic, the latest Ebola outbreak in the Democratic Republic of Congo (Kinshasa; former Zaire) and also an update of the earlier Pandemic Response Questionnaire of 2015. As the reply to the latter questionnaire was prepared by Diederik van Besouw (Wiersma Mensonides), Reinier van Campen (Wiersma Mensonides) and Willemieke Princée (Ox & Wolff) it would seem logical to approach them for the draft reply to this follow-up questionnaire.
Questionnaire Classfication Societies (18 June 2020)
This questionnaire contains questions relating to the extra-contractual liability of classification societies and the possibble/desireable limitation thereof by amending the Londens Limitation Convention (LLMC) and the Convention on Civil Liability for Oil Pollution Damage (CLC). The daily management board is currently contemplating the suitable approach for a timely reply to this questionnaire.
Questionnaire Court Procedures in your Jurisdiction and Flag Administration (Covid-19) (8 april 2020)
We received a questionnaire concerning the consequences of the Covid-19 crisis for procedures before the local courts (arrest, injunctive relief, enforcement) and with the ship registries. A further question was whether the flag administration had taken any particular steps regarding Covid-19. The deadline was 11 april 2020. Taco van der Valk sent a first reply to the CMI which can be updated when the circumstances so require. The replies from the different jurisdictions are availble via the CMI website.
Questionnaire on Unified Interpretation for Standard to Break Limitation Under IMO Conventions (19 February 2020)
This questionnaire was prepared by the CMI International Working Group on Unified Interpretation for Standard to Break Limitation Under IMO Conventions. As the name of the IWG suggests, this concerns an investigation of the criteria for breaking liability limits of several IMO conventions, the implementation of those criteria in national legislation, and their interpretation in the national courts. The NVV Commissie Algemene Aansprakelijkheidsbeperking (NVV Global Limitation Committee) will be revived to prepare a response. In the meantime the questionnaire may be downloaded here.
Questionnaire General Average Security (16 January 2020)
On 27 January 2020 we received this quiestionnaire prepared by the CMI Standing Committee (SC) on General Average. One of tasks of the SC is a revision of the Guidelines to General Average. One of the major challenges is the attempt to include in the Guidelines recommended wordings for general average securities. The SC is aware that standard forms (e.g. the Lloyd's Average Bond and the AAA/ILU approved Average Guarantee) have been and are in wide international use. Nevertheless, in order to prepare wordings that can be approved by the CMI Assembly the SC deemed it appropriate to try and find out about potential national peculiarities which might influence the format of such securities. The reply prepared by the NVV Commissie Avarij-Grosse, Willemieke Princée (Ox & Wolf), Taco van der Valk (AKD) and Taco Wiersma (Wiersma Mensonides) may be downloaded here.
Questionnaire on Direct Actions against Insurers (27 November 2020)
This questionnaire was prepared by the CMI Standing Committee on Marine Insurance. The questions are about the existence of a direct action under the national law, jurisdiction/arbitration, conflict of laws and time bar. Taco van der Valk (AKD) prepared a first draft reply which was submitted to the NVV Board and to a number of members who have special expertise in the area of insurance law and private international law. But all members are requested to have a critical look at the preliminary draft and send in any comments before 1 June 2020 to tvandervalk[at]akd.nl (with the aim of submitting a final replyto CMI shortly thereafter).
Questionnaire International Working Group on Security Interests over Shipping Containers (7 November 2019)
This questionnaire is a follow-up to the questionnaire of 29 March 2016 dealing with ship finance. From the responses to that questionnaire the CMI Working Group drew the conclusion that there was no interest in a shipping protocol to the Convention on International Interests in Mobile Equipment, Capetown 16 November 2001. Some members of that CMI Working Group however felt that similar questions regarding shipping containers were still worthwile investigating. This questionnaire was the result. After consultation of the board and members of the NVV the final text of the reply was submitted to CMI. We are grateful to Willemieke Princée (Ox & Wolf), Willem Sprenger (Rotterdam District Court), Carola Tanis-van Wijk (CP Legal), and Taco van der Valk (AKD) for their input.
Follow-up Questionnaire with regard to Liability for Wrongful Arrest of Ships (9 July 2019)
This questionnaire follows the Questionnaire "Study relating to Arrest of Ships with particular emphasis on the Liability of the Wrongful and Unjustified Arrest" of 27 May 2015. See below for the NVV reply to that earlier questionnaire. The CMI International Working Group has decided to prepare a new questionnaire which was not to be answered by the member associations of CMI, but was simply to be distributed by the member associations to as many individual people as possible, whether or not themselves members of the relevant national member association. The NVV had some problems with this procedure, as being contrary to the CMI tradition. But the NVV did want to give its members the opportunity to answer the questions raised. The NVV would then submit a reply based on the answers received from its members. Despite several extensions of the deadline no answers had been received from NVV members by 1 June 2020, so that the CMI International Working Group was informed that no reply from the NVV would be forthcoming.
Questionnaire International Working Group on Unmanned Ships (29 March 2017)
The questionnaire deals with the potential problems with the use of unmanned ships in view of current legisation or law dealing i.a. with the definition of a ship. A draft reply to the questionnaire was prepared by Gijsbert de Jong (Bureau Veritas), Mireille Loth (Ministery of Infrastructuur and Waterworks), Niels van de Minkelis (Royal Association of Dutch Shipowners), Rob Ruigrok (Dutch Pilots Association), Frank G.M. Smeele (Erasmus University) and Welmoed van der Velde (NHL Polytechnic). After an internet consultation and comments from Willemieke Princée (Ox & Wolf) and Taco van der Valk (AKD) the final text of the reply was submitted to the CMI.
Questionnaire International Working Group Ship Financing Security Practices (29 March 2016)
A reply to the questionnaire was prepared on the basis of input given by Reinier van Campen (Wiersma Mensonides), Haco van der Houven van Oordt (AKD), Arij-Jan Noordermeer (Rabobank), Willemieke Princée (Ox & Wolf) and Taco van der Valk (AKD). The internet consultation of the NVV membership did not lead to any further comments. The final reply has been submitted to the CMI.
Questionnaire #1 International Working Group on Vessel Nomenclature (8 March 2016)
This CMI working group carries out research about the different notions of 'vessel' or 'ship' that can be found in the maritime law conventions and related national legislation. Taco van der Valk (AKD) prepared a draft reply to the questionnaire which was then circulated amongst a number of persons with particular expertise on the subject. After initial comments from Reinier van Campen (Wiersma Mensonides), Maarten Claringbould (Van Traa), Pauline Hofmeijer-Rutten (Rotterdam Court), Willemieke Princée (Ox & Wolf), Kirten Redeker-Gieteling (Ministry of Security and Justice), and Welmoed van der Velde (NHL University of Applied Sciences), and an internet consultation via this website, the final text of the reply was submitted to the CMI.
Questionnaire - Pandemic Response - The Effect on Seafarers and Passengers at Sea (30 September 2015)
In view of the pandemics with the avian flu, SARS, Chikungunya, and Ebola the CMI received a request from the International Maritime Organization (IMO), the International Chamber of Shipping (ICS) and the Cruise Lines International Association (CLIA) to ascertain the legal position in as many countries as possible concerning their response, or likely response to medical emergencies involving seafarers or passengers during such situations. To that end a CMI working group prepared a questionnaire which was sent to the national associations. Diederik van Besouw and Reinier van Campen (both Wiersma Mensonides) prepared a first draft of the reply. Willemieke Princée (Ox & Wolf) was asked to supply additional information regarding the situation in the Dutch Caribbean. A call for further comments via the website and Linkedin group did not result in any further comments. The final text of the reply was subsequently submitted to the CMI.
Questionnaire - Study relating to Arrest of Ships with particular emphasis on the Liability of the Wrongful and Unjustified Arrest (27 May 2015)
Following lecturers and comments by Sir Bernard Eder, Professor Martin Davies and Aleka Sheppard on the common law view on liability for wrongful arrest of ships, the CMI set up an International Working Group to study the views held internationally on the topic. The reply prepared by Reinier van Campen (Wiersman Mensonides), Willemieke Princée (Ox & Wolf) and Taco van der Valk (AKD) may be downloaded here.
Letter to Presidents on the 'Compelling Need' for a New Convention on Foreign Judicial Sales of Ships and their Recognition (11 May 2015)
On the CMI conference in Hamburg (2014) a final draft was made for a convention on judicial sales of ships and their recognition. As the text had largely been prepared at the CMI conference in Peking (2012), the draft is often referred to as the Beijing Rules. As the CMI has no formal powers to conclude conventions, the CMI has asked IMO to include the conclusion of the convention in its work programme. The IMO has indicated it would only be willing to take the project on if it there was a 'compelling need' for the new convention. The CMI sent a letter to the presidents of the member associations with questions to guage the 'compelling need' in the different countries. The questions were answered with the co-operation of Reinier van Campen (Wiersma Mensonides), Pauline Hofmeijer-Rutten (Rechtbank Rotterdam), Arij Jan Noordermeer (Rabobank), Willemieke Princée (Ox & Wolff) and Taco van der Valk (AKD). The reply may be downloaded here.
Questionnaire on CMI Arbitration (20 February 2015)
This questionnaire was distributed at the request of a CMI Ad Hoc Working Group. A relevant fact was that in 2013 the CMI had ended its co-operation with the International Chamber of Commerce (ICC) with respect to the International Maritime Arbitration Organisation (IMAO). NVV's Commissie Rechtspraak & Arbitrage (Committee on Litigation and Arbitration) prepared the NVV's response, which may be downloaded here.
Questionnaire - 2006 Guidelines on Fair Treatment of Seafarers in the Event of a Maritime Accident (Guidelines) (11 November 2013)
This questionnaire was prepared jointly by the CMI International Working Group on Fair Treatment of Seafarers and Seafarers' Rights International. The NVV's response prepared by Reinier van Campen (Wiersma Mensonides) may be downloaded here.
Questionnaire - Expansion Project Jurisprudence on Maritime Conventions (18 October 2013)
This questionnaire was distributed at the request of Audile Plégat in her capacity of Project Co-ordinator for the design of a website data base for jurisprudence on maritime law conventions. The NVV's response was prepared by Taco van der Valk and commented on by the Commissie Geschillenbeslechting (Dispute Resolution Committee) (Emily Dérogée (DLNST), Rens Deutekom (Van Harmelen Beijneveld Van Houten), Lotte Schat (AKD), Willem Sprenger (District Court Rotterdam)), and by Reinier van Campen (Wiersma Mensonides). The reply may be downloaded here.
Questionnaire - Offshore Activities - pollution liability and related issues (19 July 2013)
Following the incidents with offshore platforms Montara (2009, Timor Sea) and Deepwater Horizon (2010, Gulf of Mexico) a discussion started within IMO about the need for an international convention on liability and compensation arising from transboundary oil pollution damage resulting from offshore oil exploration and exploitation (see e.g. the Convention on civil liability for oil pollution damage resulting from exploration for and exploitation of seabed mineral resources, London 1 May 1977). The IMO Legal Committee has decided that there is no compelling need to develop an international convention on this subject and that the problem would best be resolved by means of regional and bilateral agreement between states. The CMI has offered to assist this project by collecting information about existing regional and bilateral agreements on transboundary oil pollution from offshore activities. The reply prepared by Reinier van Campen, Nigel Margetson and Taco van der Valk may be downloaded here.
Questionnaire - Promotion of Conventions (11 April 2013)
The IMO, the International Chamber of Shipping (ICS) and the CMI (through its Standing Committee on Promotion of Conventions) co-operate in promoting the ratification of important maritime law conventions. The aim of this questionnaire was to obtain information from countries with organisations affiliated with the CMI (in the Netherlands; the NVZV) or with the ICS (in the Netherlands: the KVNR) about the status of ratification of eleven important martime law conventions. The response prepared by Taco van der Valk (AKD) may be downloaded here.
Revision on the Rules of General Average (York-Antwerp Rules 2016) (March 2013)
A committee consisting of Resi Hacksteiner (IVR/EBU), Bjorn Kalden (RSA/Dutch Association of Insurers), Jolien Kruit (Van Traa) (secretary), Peter Muller (SCUA), Jack Post, Ton Schoutens (A.C.G. Schoutens Dispacheurs), Marjan Schuringa (Smit/Boskalis), and Michiel Starmans (Spliethoff) advised the board of the Dutch Association on the renewed review by the CMI of the need for a revision of the York-Antwerp Rules, a decided upon at the CMI Conference in Beijing in 2012. At that conference a new International Working Group (IWG) was set up which carried out research (by means of questionnaires sent to the national associations) and drafted proposals for changes in the text of the York-Antwerp Rules. Early March 2013 the IWG sent a final questionnaire to the national associations. The GA Committee prepared a reply on behalf of the Dutch Association, which was submitted to the CMI.
A final text of the new York-Antwerp Rules 2016 was concluded at the CMI Conference in New York in 2016.
Questionnaire International Working Group on Marine Insurance on the Implementation in National Law of Mandatory Insurance Provisions in International Conventions (12 August 2010)
The Ad Hoc Committee which prepared a reply to this CMI questionnaire consisted of Jan de Boer (Ministry of Transport, Public Works and Water Management), Taco van der Valk (AKD), and Welmoed van der Velde (Ministry of Justice). The questionnaire was about the implementation into national law of treaty provisions regarding mandatory (liability) insurance in sea-going shipping. The reply can be downloaded here.
Questionnaire #2 on National Maritime Law Associations (14 June 2010)
As a follow-up to the questionnaire #1 of 27 March 2007, see below, the NVZV received this second questionnaire with further questions. The response prepared by Taco van der Valk (President), Reinier van Campen (Secretary) and Jack Post (Treasurer) may be downloaded here.
Questionnaire Salvage Convention 1989 (9 July 2009)
The CMI Executive Council formed an International Working Group (IWG) to investigate whether any changes needed to be be made to the Salvage Convention 1989. The IWG has been developed with a view to collecting views on areas which have been identified by the International Salvage Union as possibly needing reform. A response was prepared by a committee consisting of Ed Bik (Boonk Van Leeuwen), Ernst Bulthuis (Van der Steenhoven), Pieter den Haan (Van Traa), Haco van der Houven van Oordt (AKD), Jack Post (Post & Co), War van der Stap (KVNR Assurantiecommissie), and Frenk Vilerius (Reaal). The response may be downloaded here.
Questionnaire #1 on National Maritime Law Associations (27 March 2007)
On 27 March 2007 the CMI distributed a questionnaire with the aim of knowing more about the organisation of the National Maritime Law Associations. The response prepared by Gertjan van der Ziel (President), Maarten Wildschut (Secretary) and Taco van der Valk (Member of the Board) may be downloaded here.
Rotterdam Guarantee Form Limitation 2017
In May 2010 the Rotterdam Court requested the Association to consider developing a standard text for a guarantee which could be used for constituting a limitation fund for the (tonnage) limitation of liability in sea-going and inland shipping. The aim is to reduce the amount of debate in court about whether a text suggested by a party is acceptable. (A similar request from the Rotterdam Court to the Rotterdam Bar formed the basis for the Rotterdam Guarantee Form which is generally used in the Netherlands for providing security in order to prevent or lift attachments.)
The first form (RGFL 2017) was published on 1 January 2017. On the basis of practical experience with the use of the RGFL 2017 it was decided in 2019 to make some changes to the text of the form and to its note of explanation. A proposed new text was made available on the NVV website in order to attract comments from possible users. The final texts in Dutch and English of the new RGFL 2020 were published on the website early January 2020 on the page Documents.
The drafting committee for the RGLF 2020 consisted of: Maarten Claringbould (Van Traa/Leiden University), Tim Roos (Van Dam & Kruidenier), Willem Sprenger (Rotterdam Court), and Taco van der Valk (AKD). The commitee received useful comments from Haco van der Houven van Oordt (AKD) and Taco Wiersma (Wiersma Mensonides).
Dispute Resolution Committee
Since February 2019 this committee has the following members: Vivian van der Kuil (AKD) chairperson, Willem Boonk (Smallegange), Mark Koppenol (Deck), Nol van Hal (Van Traa), and Frouwke de Vries (Erasmus School of Law).
The committee was set up to monitor the quality of Dutch law of civil procedure and arbitration for the benefit of the shipping, transport, offshore and related trade sector. The committee monitors changes to the law of civil procedure, e.g. the digitalization of court procedures, the workings of the Arbitration Act 2014, expected legislation regarding mediation, the introduction of proceedings in English before the Maritime Chamber of the Rotterdam Court, and the idea to establish a Netherlands Commercial Court. The committee will also be instrumental in the promotion of Dutch law and practice abroad, as the Dutch legal system has much to offer to national and international users.
During meetings of the Association on 3 April and 25 September 2014 the latest developments regarding digital proceedings and the new Arbitration Act have received much attention.
In 2015 the committee was asked to prepare a response by the Association for the Government internet consultation of the Bill to channel all shipping matters to the Maritime Chamber of the Rotterdam Court. The Association's response (in Dutch) may be downloaded here.
Since 1 January 2016 the Rotterdam Court is involved with a pilot allowing proceedings before the Maritime Chamber of the Rotterdam Court to be conducted in English.
For more information on the choice for Dutch law, and jurisdiction or arbitration, please view: www.dutchmaritimelaw.nl