In re Seiriki Kisen Kaisha
United States District Court for the Southern District of New York
629 F. Supp. 1374, 1986 AMC 913 (1986)
- Written by Carolyn Strutton, JD
Facts
A collision occurred between a Cayman Islands flag vessel, the Stena Freighter, and a Japanese flag vessel, the Seiryu, approximately eight miles off the coast of Cuba. Multiple legal proceedings arose in United States federal district court between the owners of the vessels and certain cargo claimants. Both the Cayman Islands and Japan were parties to the Brussels Collision Convention of 1910, which governed the rights of vessels of signatory nations on the high seas. Whether the collision occurred on the high seas or within Cuban territorial waters was in dispute because Cuba claimed that its territorial waters extended 12 miles from its coast. The owners of the Stena Freighter claimed that the provisions of the Brussels Convention should apply because the accident occurred on the high seas. The cargo claimants alleged that the collision occurred within Cuban territorial waters and that Cuban law should therefore apply. Prior to trial, the court held a preliminary hearing to determine the applicable law that would govern the matter.
Rule of Law
Issue
Holding and Reasoning (Sand, J.)
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