For those not familiar with CMI, can you explain its primary role?
The Comité Maritime International was established in 1897 and created for the purposes of the unification of international maritime law. From those early days it was recognised that international trade required and deserved the certainty which uniform laws in the maritime space can produce. The members of the CMI are maritime law associations from across the world as well as Consultative Members from Industry, and Titulary Members. This enables the CMI to have direct access to the legal systems prevalent in various jurisdictions with a view to understanding how uniformity can be achieved.
The CMI is responsible for drafting the vast majority of international maritime law conventions including those on collisions, salvage, carriage of goods and passengers, pollution, limitation of liability with our latest convention being adopted by the General Assembly of the United Nations in December 2022, the Convention on the International Effects of Judicial Sales of Ships.
You’ve recently taken over as President – what are your plans for the organisation?
I was elected President of the CMI in October 2022 and I feel extremely privileged and honoured to be occupying this position and leading this incredible organisation. During my tenure I would very much like to embrace the remarkable history we have and to build on the strengths of the organisation. The world today is a very different space to what it was 125 years ago – and even 25 years ago. I intend to strengthen our existing links with our national maritime law associations so that they can pass on to the CMI ideas on areas within the maritime space which they believe are ripe for development; I am also focusing on further developing the links with our consultative members from industry such as BIMCO, IUMI, the International Group of P & I Clubs, ICS, ITF, ISU and others.
What is top of CMI’s current agenda?
Geopolitics, world order, threats to international shipping, the need to protect our seafarers, climate change and decarbonisation, automation – these are all real life issues which practitioners face on a daily basis and it is with a degree of pride that I am able to say that we have made these issues priorities for CMI by immediately recognising their importance and by creating International Working Groups to study these issues and make recommendations. Remaining ahead of the maritime legal game is important today more than ever before due to the speed with which things are developing.
What impact has CMI had on international shipping in recent years?
I believe that the CMI has had a tremendous impact on international shipping by providing maritime law conventions which are at the heart of the resolution of maritime legal challenges as and when they arise. The CMI was responsible for the drafting of the Hague, Hague Visby and Rotterdam Rules, Conventions on the Carriage of Passengers, the Salvage Convention, the International Fund Conventions, York Antwerp Rules, Civil Liability for Oil Pollution Damage, the Limitation of Liability Conventions, Arrest of Ships and others. Our latest draft taken on by UNCITRAL is the Convention on the International Effects of Judicial Sales of Ships. This Convention seeks to ensure that when a vessel is sold free and unencumbered in a judicial sale held in country A, that such a free and unencumbered title is given full effect in other state parties which ensures that the vessel is not re-arrested for the debts of the previous owner, that the new purchaser can freely delete the vessel and re-register her in the jurisdiction of their choice, that mortgagees extending finances to the new purchasers can do so without the prospect of old creditors coming out of the wood work. This convention was deliberated and finally adopted by the General Assembly of the United Nations in December 2022 in what is considered to be record time – just over three years. Today we already have 31 signatories and one ratification. We need three ratifications for the Convention to come into force and we are optimistic that this will occur by the end of 2025. This Convention is considered by the maritime finance industry as crucial to bringing stability to the market of judicial sales of ships.
Can you explain the relationship between CMI and IUMI?
The relationship between the CMI and IUMI has always been very strong. IUMI is one of the most important consultative members of the CMI and quite naturally CMI has worked on significant projects which are intrinsically linked to marine insurance which brings us back to IUMI and the obvious input which IUMI has had in all these projects such as General Average. The relationship is such that we have always had a special CMI liaison officer responsible for IUMI. For many years that person was Prof. Dieter Schwampe who handed over to Mr. Joe Grasso last year.
On a personal level, how did your career take you to an involvement with CMI and why do you do it?
I have been practicing marine litigation for 38 years. My involvement usually arises either because the subject matter is Maltese or the event/casualty takes place in Maltese territorial waters, or alternatively because the event takes place on a Maltese registered vessel thousands of miles away. For me personally there is nothing better than to be a practicing lawyer literally at the coal face and being involved in shaping and drafting and having a say in international conventions which we apply on a daily basis. Therefore, I started taking a very active role in a number of CMI’s International Working Groups where I was happy to share my practical experiences. I was then encouraged to run for EXCO, the Vice-Presidency and then the Presidency in 2022. My election in Antwerp was one of the most memorable events in my professional life. I do it because notwithstanding the very hard work and challenges, I enjoy it, I have a great team and wonderful colleagues and because it gives me a tremendous sense of satisfaction to be contributing in real terms to the unification of international maritime law.
