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Crescent Petroleum, Ltd. vs. M:V "Lok Maheshwari"
Crescent Petroleum, Ltd. vs. M:V "Lok Maheshwari"
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SECOND DIVISION.
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while India is the law of the flag and the allegiance of the defendant
shipownerit is
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Associate Justices Delilah Vidallon-Magtolis and Josefina GuevaraSalonga; Id., pp. 83-85.
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629
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and Maritime Law (1987 ed.), pp. 9-10, citing New England Mutual Marine
Insurance Co. v. Dunkan, 8 U.S. (11 Wall) 1 (1870).
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Laws of the Philippines IV (1987), p. 178; citing McMicking v. Banco EspaolFilipino, 13 Phil. 429 (1909); Ivanvich v. Odlin, 1 Phil. 284 (1902);and Heather
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I.
P.D. No. 1521 or the Ship Mortgage Decree of 1978 was
enacted to accelerate the growth and development of the
shipping industry and to extend the benefits accorded to
overseas shipping 13
under Presidential Decree No. 214 to
domestic shipping. It is pat_______________
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Rollo, p. 315.
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Id., p. 469.
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636
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35 F. 907.
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230 F. 717.
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278 F. 568.
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17 F.2d 308.
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637
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638
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brought an in rem action against the vessel M/V Ruth Venture to enforce
a maritime lien. A Liberian sub-charterer contracted for the supply of
bunkers in London with Forsythe as its broker. The bunkers were
furnished to the vessel at Richards Bay, South Africa but was not paid.
The vessel was arrested in Portland, Oregon. In ruling that English law
applies, it held that the Lauritzen/Rhoditis factors should be applied in a
balancing analysis. [T]he choice of law questions involving maritime
liens is to be resolved by weighing and evaluating the points of contract
between the transaction and the sovereign legal systems touched and
affected by it The interests of competing sovereigns may be taken into
account without rejecting altogether the contacts the bar and the
maritime industry are accustomed to weigh in making the initial
determination of governing law. Because English law disallows a lien for
bunkers, the court held there was no lien.
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639
Id.
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p. 129.
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Id., p. 121, citing Beale, The Conflict of Laws, Section 621.2 (1935).
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Agbayani, p. 631.
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TSN, p. 6.
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