Ship owner says Suez Canal was at fault above Ever Given grounding: Lawyer
23 May, 2021
The owner of a container ship that blocked the Suez Canal in March says the canal authority was responsible over its grounding as it disputes the vessel's detention and a compensation claim, a legal professional representing the dog owner said on Saturday (May 22).
The Ever Given, among the world's largest container ships, became jammed across the canal in high winds on March 23, and remained grounded for six days, blocking traffic in both directions and disrupting global trade.
The vessel has since been held in a lake between two stretches of the canal as the Suez Canal Authority (SCA) pursues a US$916.5 million claim against Japanese owner Shoei Kisen.
An appeals chamber at Ismailia Economic Court held hearings in Saturday over the ship's detention, which the SCA is wanting to uphold pursuing an appeal by the dog owner, and also the SCA's financial claim.
Lawyers representing Shoei Kisen argued that the SCA have been responsible for allowing the ship to enter the waterway amid inclement weather, Ahmed Abu Ali, a member of the legal workforce, told Reuters, adding that the authority didn't prove any fault by the ship.
Recordings from the ship which were presented to the court showed disagreements between SCA pilots and its own control centre above whether it will enter the canal, Abu Ali said.
Lawyers for Shoei Kisen said the ship must have been accompanied by at least two tug boats well suited for the ship's size "but this didn't happen", he added.
The SCA didn't immediately respond to requests for comment, but it has publicly denied being at fault.
Lawyers for Shoei Kisen also argued that the Ever Given's detention was first legally flawed and that the task to release the ship was not "a salvage (operation) found in the proper legal good sense", meaning the SCA could not seek compensation for such an procedure, Abu Ali said.
"This was among the obligations of the authority in line with the traffic contract," he said.
Shoei Kisen is claiming US$100,000 in first compensation for losses related to its detention, he said.
The court was expected to issue a decision on the case on Sunday, legal representatives and witnesses said.
Source: www.channelnewsasia.com
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