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Survey introduction: Maritime and Transport Law Committee

Monday 19 August 2024

Recently, the United Nations General Assembly adopted the UN Convention on the International Effects of Judicial Sales of Ships, which had been prepared by the UN Commission on International Trade Law (the 'Beijing Convention'). Article 10 of the Beijing Convention provides: 'A judicial sale of a ship shall not have the effect provided in Article 6 in a State Party other than the State of judicial sale if a court in the other State Party determines that the effect would be manifestly contrary to the public policy of that other State Party'. During this spring, the Editors asked the members of the committee to consider submitting an article on their country's public policy exceptions, if any, to the enforcement of international treaties and conventions in their countries. We are pleased to provide the responses from the following authors:

  1. Federative Republic of Brazil: Carolina França, Associate/Barrister-at-Law, Costa, Albino & Rocha Avagados of Brazil;
  2. Republic of India: Krrishan Singhania, Founder and Managing Partner, and Riya Richaya, Trainee Associate, K Singhania & Co, Advocates and Legal Advisors;
  3. Republic of Korea: Hyun Kim, Senior Partner, Sechang & Co;
  4. Kingdom of Norway: Henrik Hagberg, Committee Co-Chair and Partner, and Sofie Mæland Tykvenko, Senior Associate, Advokatfirmæt Thommessen;
  5. The Republic of Singapore: Nathanael Lin, Partner, Rajah & Tann Singapore; and
  6. United States: Brian P Maloney, Partner, Seward & Kissel.