I COMMERCIAL OVERVIEW OF THE SHIPPING INDUSTRY

The shipping industry is a major contributor to the Lebanese economy. This industry experienced significant expansion in the mid 20th century. The main sea port in Lebanon is the Port of Beirut (POB) located in the capital city, Beirut, and is one of the largest sea ports in the Eastern Mediterranean and an important doorway for the transportation of cargo to Syria, Jordan, Iraq and the Gulf states.

Nowadays, the total area of POB is around 1.2 million square metres with four basins (with a total water area of 1.202 million square metres) and 16 quays with a total length of 5,655 meters. A further expansion of POB is currently being considered. There is a project to build a new multi-use station (for containers and general cargo) with new storage areas and to construct a new and advanced platform enabling POB to receive giant vessels that require a depth of between 15 and 16 metres to berth. The development of POB should increase its productivity and hence its imports, which will help improve POB's regional positioning.

POB's activity decreased during 2018. According to recent statistics, the number of vessels that called at POB decreased by 1 per cent compared with the same period in 2017. The total tonnage handled and the total imports for Lebanese markets decreased by 8 per cent compared with the same period in 2017, while the total exports decreased by 13 per cent and reached 50,360 tonnes only in 2018, of which 85 per cent represents agricultural exports (fruits and vegetables); 8 per cent represents agrofood exports and 7 per cent represents industrial exports. The decrease in the activity of POB is due to a struggling economy resulting from various local and regional factors.

The Port of Tripoli (POT) is the second largest port in Lebanon, after POB. At present, POT has one dock and eight berths with depths varying from 8 to 10 metres and a free zone with an area of 150,000 square metres and is currently undergoing expansion. POT is independent both administratively and financially. In 2018, a private company was awarded the concession to develop and operate a new container terminal. The concession started with a major investment in new equipment and machinery, including dedicated gantry cranes, supporting yard cranes, container handlers and yard management systems. Upon completion, the new terminal will be able to accommodate large container vessels.

Vessels calling at Lebanese ports are largely foreign. Lebanon does not have a significant merchant fleet; most vessels flying the Lebanese flag are private pleasure boats or yachts.

II GENERAL OVERVIEW OF THE LEGISLATIVE FRAMEWORK

Maritime commerce is governed by the relevant international conventions and a number of local laws, including the Merchant Shipping Law (MSL); Ports' and Harbours' Regulations; Decision No. 156/N dated 18 November 2000 governing the business of freight forwarding; etc.

The provisions of international conventions prevail over internal laws as per Article 2 of the Code of Civil Procedure (CCP) (principle of hierarchy of rules).

The main maritime international conventions ratified by Lebanon are: the Hamburg Rules 1978; the IMO Convention 1948; the SOLAS Convention 1974; the SOLAS Protocol 1978; the Load Lines Convention 1966; the Load Lines Protocol 1988; the Tonnage Convention 1969; the COLREG Convention 1972; the CSC Convention 1972; the STCW Convention 1978; the SAR Convention 1979; the IMSO Convention 1976; the INMARSAT OA Convention 1976; the Facilitation Convention 1965; MARPOL 73/78 (Annex I/II); MARPOL 73/78 (Annex III); MARPOL 73/78 (Annex IV); MARPOL 73/78 (Annex V);2 the Intervention Convention 1969; the CLC Convention 1969; the CLC Protocol 1992; the SUA Convention 1988; the SUA Protocol 1988; the OPRC Convention 1990; the Bunkers Convention 2001; the Anti-fouling Convention 2001; the Ballast Water Convention 2004; the Maritime Labour Convention 2006; the Merchant Shipping (Maritime Standards) Convention 1976; and the Seafarers' Pensions Convention 1946.

III FORUM AND JURISDICTION

i Courts

Lebanon does not have specialised maritime courts. Maritime disputes are heard by the civil courts. There are dedicated civil courts in each regional district of Lebanon. Civil courts are usually divided into sections. Substantive maritime actions are determined by the commercial section of these courts. Maritime disputes that are considered urgent are heard by the 'urgent matters' section of civil courts; whereas the procedure for the arrest of or enforcement against a vessel is dealt with by the Execution Bureau.

ii Arbitration and ADR

Lebanon does not have specialised arbitration or ADR centres that can hear or mediate maritime disputes. Maritime disputes are often referred to local courts. Arbitration clauses inserted in contracts of carriage of goods referring disputes between the parties to arbitration are normally enforceable and valid, if the arbitration clause is acknowledged and approved, whether directly or indirectly, by the contracting parties.

iii Enforcement of foreign judgments and arbitral awards

Enforcement of foreign judgments and arbitral awards is governed by the provisions of the CCP.3

A judgment issued by a foreign court would be recognised and enforced by the courts in Lebanon without reconsideration of its merits provided that the foreign judgment satisfies a number of conditions set by the CCP.

According to the CCP, 'an arbitration award (issued abroad or in the context of an international arbitration) shall be recognised and granted the exequatur if the party seeking recognition proves the existence of the award which must not clearly conflict with international public order'.4 Under the same provision, 'the existence of the arbitration award shall be established through submission of each of the original award and the arbitration agreement or true copies thereof duly certified by the arbitrators or any competent authority'.5

The enforcement of a foreign judgments and foreign arbitration awards is not subject to a specific time bar under the CCP. The statute of limitations is in principle 10 years from the date of issuance of the foreign judgment or award.

The order that recognises the foreign judgment or arbitration award (issued abroad or in the context of an international arbitration) or confers upon them the exequatur can be challenged subject to certain conditions set out in the CCP.

IV SHIPPING CONTRACTS

i Shipbuilding

Lebanon does not have a significant shipbuilding industry. There are small shipyards and workshops scattered throughout the coastline that are involved in the construction of small fishing and pleasure boats and that are capable of providing minor maintenance services for merchant vessels.

According to Article 16 of the MSL, the title of a vessel passes from the builder to the owner following registration at any Lebanese port within 15 days of its building or acquisition and, should it be built or bought abroad, within 15 days of its entry into Lebanese waters.

ii Contracts of carriage

Contracts of carriage are regulated in Lebanon by the MSL as well as by the Hamburg Rules ratified by Lebanon on 5 January 1983 by act of Parliament and having come into effect on 1 November 1992.

The contract of carriage by sea is evidenced by the bill of lading, which constitutes a proof thereof as well as of the general terms and conditions of carriage. The provisions of the Hamburg Rules are mandatory and would override any provisions of the bill of lading that 'derogate, directly or indirectly, from the provisions of this Convention'.6

The most common types of bills of lading giving rise to maritime legal disputes brought before Lebanese courts are (1) the 'Port to Port' bill of lading; (2) the 'Congenbill' used for shipments of general cargo under the gencon charter party; and (3) the 'multimodal' or 'combined transport' bill of lading. A contract of carriage that involves carriage by sea and by some other means of transportation is deemed to be a contract of carriage by sea for the purposes of the Hamburg Rules only insofar as it relates to sea carriage.

Maritime claims heard by Lebanese courts arise from the international transport of goods. The transport of goods by sea between two domestic ports is very rare.

Aside from evidencing the terms of the contract of carriage, the bill of lading serves as a document of title to the goods. Lebanese courts have on several occasions dismissed claims brought by claimants who are not holders of the original bill of lading on the ground of lack of title to claim.

iii Cargo claims

The responsibility of the carrier for the cargo extends from the period while he is in charge of the cargo at the port of loading until the cargo is delivered at the port of destination.7 In order to repudiate liability for loss of or damage to the cargo that occurs while the cargo is in his charge as defined in Article 4 of the Hamburg Rules, the carrier must demonstrate that 'he, his agents or servants took all measures that could reasonably be required to avoid the occurrence; which led to the cargo loss or damage; and its consequences'.8 It is considered that the carrier must, to evade liability, first demonstrate the cause that resulted in the cargo loss or damage and then prove that he took appropriate steps to avoid the occurrence that led to that cargo loss or damage.

The time-bar applicable to cargo claims is two years starting from the date of delivery of the goods or from the final day on which the goods must have been delivered in the case of a claim for non-delivery.9

Title to sue lies in principle with the holder of the original bill of lading. Cargo claims are usually directed against the vessel's owner, operator or charterer. Cargo claims can also target both the 'actual' and 'contractual' carrier. The ship agent has, by law, the capacity to represent the vessel's owner, operator or charterer before the authorities as well as before the courts.10 The ship agent can bear personal liability for the cargo loss or damage if evidence that the loss or damage results from a personal direct or indirect act. The ship agent can also bring claims against third parties on behalf of his principal.

iv Limitation of liability

Owners' right to limit liability

Lebanon acceded to the International Convention relating to the Limitation of the Liability of Owners of Sea-Going Ships, concluded in Brussels on 10 October 1957 (the Convention), on 23 February 1994.

The Convention came into force in Lebanon on 23 June 1995. Hence, from a Lebanese law perspective, the limitation of liability of the shipowner (charterer, manager, operator, master and members of the crew in the course and scope of their employment) are governed by the rules set forth in the Convention. Article 1 of the Convention sets out the claims for which the owner may limit liability pursuant to Article 3, including claims arising from any of the following occurrences:

  1. Loss of life of, or personal injury to, any person being carried in the ship, and loss of, or damage to, any property onboard the ship.
  2. Loss of life of, or personal injury to, any other person, whether on land or on water, loss of or damage to any other property or infringement of any rights caused by the act, neglect or default of any person onboard the ship for whose act, neglect or default the owner is responsible or any person not onboard the ship for whose act, neglect or default the owner is responsible: provided, however, that in regard to the act, neglect or default of this last class of person, the owner shall only be entitled to limit his liability when the act, neglect or default is one that occurs in the navigation or the management of the ship or in the loading, carriage or discharge of its cargo or in the embarkation, carriage or disembarkation of its passengers.

The owner is not entitled to limit liability if the 'occurrence giving rise to the claim resulted from the actual fault or privity of the owner'.

Under Article 3 of the Convention, 'the amounts to which the owner may limit his liability shall be: (a) where the occurrence has only given rise to property claims an aggregate amount of 1,000 francs for each ton of the ship's tonnage'.

The Convention utilises the Franc Poincaré as the measure of liability; the franc being 'a unit consisting of sixty-five and a half milligrams of gold of millesimal fineness nine hundred' (Article 3(6) of the Convention).

Article 2(2) of the Convention entitles the owner 'when the aggregate of the claims which arise on any distinct occasion exceeds the limits of liability provided for by Article 3' to set up a limitation fund consisting of the total sum representing the limits of liability.

Article 5 of the Convention foresees a system that is aimed at protecting the owner against ship arrest once the limitation fund is constituted. This article stipulates that:

whenever a shipowner is entitled to limit his liability under this Convention, and the ship or another ship or other property in the same ownership has been arrested within the jurisdiction of a Contracting State or bail or other security has been given to avoid arrest, the Court or other competent authority of such State may order the release of the ship or other property or of the security given if it is established that the shipowner has already given satisfactory bail or security in a sum equal to the full limit of his liability under this Convention and that the bail or other security so given is actually available for the benefit of the claimant in accordance with his rights.

Moreover, Article 2(4) of the Convention prevents the claimant against the fund, once the fund has been constituted, from exercising 'any right against any other assets of the shipowner in respect of his claim against the fund, if the limitation fund is actually available for the benefit of the claimant'.

The assessment of the Franc Poincaré value could be problematic. Lebanese courts have in a limited number of old claims calculated the value of the gold franc as a unit of limitation of liability of the carrier under the International Convention for the Unification of Certain Rules of Law relating to Bills of Lading as amended by the Brussels Protocol of 1968 (the Hague-Visby Rules). The precedents in this respect were rendered prior to entry into force of the Hamburg Rules in 1992 (which adopts the SDR as the unit of limitation of the carrier's liability). These precedents, however, are not reliable.

Article 4 of the Convention subjects 'the rules relating to the constitution and distribution of the limitation fund' to the laws of the state in which the fund is constituted; the rules for the constitution of the limitation fund under the Convention are not specifically regulated in Lebanese law but certain provisions of the MSL (in particular Article 94 et seq. thereof) could serve as guidance for the process.

Limitation of the carrier's liability under the contract of carriage

Claims for loss of or damage to cargo brought before Lebanese courts would normally be governed by the Hamburg Rules. Article 6.1(a) of the Rules sets out the limits of liability of the carrier for loss or damage to the cargo. The limit of liability for delay is dealt with at Article 6.1(b). The limit for loss or damage to cargo is set at 835 SDR per 'package or other shipping unit' or 2.5 SDR 'per kilogram of gross weight of the goods lost or damaged, whichever is the higher'. The limit for delay in delivery is set at an amount equivalent to two-and-a-half times the freight payable for the goods delayed 'but not exceeding the total freight payable under the contract of carriage of goods by sea'.

Under Paragraph 4 of Article 6 of the Rules, the carrier and the shipper may enter into an agreement to increase of the limits of liability set forth above. Such an agreement, however, would not be binding on the actual carrier unless the latter has agreed to it 'expressly and in writing' pursuant to the general rule stipulated in Article 10.3 of the Rules.

Under Article 8.1, the carrier loses the right to limit liability if 'it is proved that the loss, damage or delay in delivery resulted from an act or omission of the carrier done with the intent to cause such loss, damage or delay, or recklessly and with knowledge that such loss, damage or delay would probably result'.

V REMEDIES

i Vessel arrest

A vessel can be detained by the authorities in the case of breach of navigational regulations, pollution incidents, breach of the customs' regulations, breach of the port's safety regulations, breach of the requirements of international conventions (such as SOLAS, MARPOL, STCW, etc.). Sanctions may also be decreed and lead to the vessel's arrest for breach of the Israeli boycott regulations.

Vessel arrest in Lebanese waters is regulated by the CCP, which grants any creditor the right to apply to the judge of the Execution Bureau for a conservatory seizure of his debtor's assets to obtain security for his claim.11 The judge normally considers the application for the conservatory arrest of the vessel on a prima facie basis and the arrest order is usually rendered ex parte on the date of the filing of the application for arrest (or the earliest thereafter) provided that the claim is proven based on the face of things.

Under Lebanese law, the application for a conservatory arrest should be directed against the person or party responsible for the debt. There is no legal provision that would permit enforcement against a vessel unless the claim is directed against her owner. The arrest of a sister vessel is generally possible provided that both vessels are owned by the defendant to the claim. The arrest of a vessel for a debt due by the charterer is not possible unless the claimant has a maritime lien over the vessel.

The conservatory arrest order may be challenged within five days of date of its service at the latest. The conservatory arrest is usually lifted against a cash deposit or bank guarantee provided by a local bank while the court determines the legal challenge. Club LOUs are not accepted by local courts as security to lift the vessel's conservatory arrest.

The law requires the claimant to file a substantive action before a competent court no later than within five days of the date of the arrest order. Failure to file this action within this deadline would result in the cancellation of the arrest order, following application of the defendant.

Claims for wrongful arrest would succeed if the party claiming the loss can prove the bad faith of the arresting party. Damages for wrongful arrest could cover all direct losses (e.g., port dues and associated costs, crew wages, etc.) and possible indirect losses (including loss of profit).

ii Court orders for sale of a vessel

Judicial sale of vessels is regulated by Article 73 et seq. of the MSL. A vessel can only seized 24 hours after service of a 'notice for payment' upon her owner. In the case of absence of the owner or if the owner is not domiciled in the court's district, service of the notice shall be effected on the master.

The execution clerk should set out in the 'seizure report' the name of the applicant, profession and domicile, the deed asserting the debt, the amount of the debt, the details of the owner and master, the name of the vessel and her specifications and flag, etc.

The applicant for arrest must serve the 'seizure report' upon the owner or master of the vessel and summon him to appear before the court of the place where the arrest was made, to decide, in his presence, the initiation of the sale of the seized assets. The seizure report is also recorded on the ship's register.

The court of the place where the arrest was made shall set the sale and its conditions and fix a date for the auction as well as the starting price. If no purchaser comes forward on the date of the auction, the court will adjourn the auction and reduce the starting price. The sale shall take place at an auction before the civil court 15 days after its public announcement (by publication on each of the court's board, the vessel, harbour master's office, etc.).

The purchaser of the vessel must settle the price in one of the agreed banks within 24 hours of the date of confirmation of the award, failing which the auction will be repeated at his expense.

VI REGULATION

i Safety

Lebanon is party to the main international shipping conventions dealing with safety and pollution prevention, including the 1974 SOLAS Convention, the 1978 SOLAS Protocol, MARPOL (Annex I to V),12 the 1972 COLREGs, the 1966 Load Lines Convention, and MLC 2006.

Compliance of vessels with the requirements of the above conventions is enforced at Lebanese ports by port state control officers.

The harbour master also has a duty to regulate the entry of vessels into the port and their departure from the port and to oversee their movements within the port and in the event of emergencies take whatever steps are needed to safeguard public safety. The harbour master may also require crew members to take all measures necessary for the sake of preserving public safety.

The Ministry of Public Works and Transport (MPWT) and the Ministry of Environment oversee the application of the regulations governing the safety and prevention of maritime pollution. The MPWT has the authority to impose fines on vessels that breach these regulations. Vessels involved in incidents resulting in maritime pollution are usually detained by the MPWT until provision of suitable security. Criminal charges are sometimes issued against offending vessels and their master and crew depending on the circumstances of the case.

ii Port state control

Lebanon is a party to the Memorandum of Understanding on Port State Control in the Mediterranean Region (Mediterranean MoU), signed in Valletta (Malta) on 11 July 1997.

According to the terms of the Mediterranean MoU, when a vessel is detained in any port of a Member State, the latter shall immediately report the action taken to the concerned administration of the state of the ship's flag and the diplomatic representatives of that state or, in their absence, its nearest diplomatic representative. Where relevant, the organisation responsible for the issue of the classification certificates must also be informed.

Vessels are detained or stopped from operation under the provisions of the Mediterranean MoU in the case of deficiencies that are clearly hazardous to safety, health or the environment. The detention order or the stoppage of the operation shall not be lifted until the hazard is removed. In some cases, the concerned authorities of the Member State in which detention occurred may exceptionally allow the vessel to proceed to another port, or to the nearest repair yard (in the event that the vessel can proceed without danger to safety, health or the environment). In such circumstances the Member State where the next port of call or the repair yard is located must be notified of the same to take necessary actions. In the case of force majeure, access to a specific port may be permitted to minimise the risk to life or of pollution.

Of the 690 vessels inspected by port state control officers at Lebanese ports from 1 January 2018 to 10 April 2019, 598 vessels were found with deficiencies (eight of which were detained).

iii Registration and classification

The ports of Beirut, Tripoli, Sidon and Tyre hold ship registers. Each register covers a specific area of the Lebanese coastline. These areas are set in Article 8 of the MSL. The ship register's sheets are numbered and initialled. The ship register includes information about the vessel, including her name and previous names, registration number, place and date of construction, type, size, tonnage, type and power of engines, the name, nationality and domicile of her owner (in cases of multiple owners, the share belonging to each), the name and domicile of the manager or operator of the vessel, encumbrances, etc.13

A vessel is registered in a Lebanese port by 'declaration of ownership' supported by documents, vouchers, deed of transfer, invoices, etc. The owner may be asked to issue an undertaking to furnish to the harbour master any witnesses, documents or evidence whose production or hearing is necessary to ascertain the ship's ownership.14

iv Collisions, salvage and wrecks

Collisions are regulated in the MSL. Under Article 234 of the MSL, 'If the collision is accidental, or caused by force majeure or if the cause of the collision is left in doubt, the damages are borne by those who have suffered them and this provision shall continue to apply in case the vessels or one of them were at anchor at the time of the collision.' In the event that the collision is caused by the fault of one of the vessels, liability to make good the damages shall fall on the party responsible for said collision.15

Under Article 236.1 of the MSL, 'if the fault is joint, the liability of each vessel is in proportion to the degree of the fault respectively committed. Provided that if, having regard to the circumstances, it is not possible to establish the degree of the respective faults, or if it appears that the faults are equal, the liability is apportioned equally'.

Article 245 et seq. of the MSL govern salvage. Every assistance or salvage operation rendered by a vessel to another vessel in danger, as well as to the goods loaded onboard the vessel, even if deserted by her crew, shall be subject to the provisions of salvage.16 Any fruitful assistance or salvage shall be fairly rewarded. No reward shall be due if the service rendered has yielded no useful results. The sum payable shall not exceed in any case the value of the salvaged goods.17

Wrecks are regulated by Decision No. 98 dated 30 April 1941 ('Maritime Wreck'), the MSL, Ports' and Harbours Regulations and Decision No. 1372 dated 13 April 1922 ('The Search of Fallen Goods in the Waters of the Ports'). Under the principles set out in these regulations:

  1. Anyone who discovers or removes a wreck has to preserve it in a secured place and file a declaration within 24 hours at the nearest port office. The harbour master must attend immediately upon receipt of said declaration to the location where the wreck is stored and issue a minute stating the place of discovery, nature of the wreck and all its details and characteristics. A copy of the minute must be sent to the General Director of the Ministry of Transport.18 It is the harbour master's obligation to guarantee the protection and safeguard of the wreck.
  2. The owner of the vessel has the obligation to remove the wreck of a sunken vessel.19
  3. If the vessel sinks while in port, her owner or master must immediately notify the harbour master and port authorities, and arrange for her refloating or towage as soon as possible. If this is not possible, her owner or master should arrange for her dismantling. These operations should be carried without delay. In the case of neglect of the owner or master, the General Director of Maritime Transport can take all necessary measures to clear hazards to navigation caused by the wreck, at the expense and liability of the interested parties.20
  4. According to Decision No. 1372 dated 13 April 1922 ('The Search of Fallen Goods in the Waters of the Ports'), it is prohibited to search for fallen goods or materials within the ports' waters without the consent of the harbour master.

v Passengers' rights

Lebanon is not a signatory of the 1974 Athens Convention on the carriage of passengers and their luggage by sea.

The carriage of passengers is dealt with in Article 219 et seq. of the MSL as well as in Article 679 et seq. of the Code of Obligations and Contracts. These provisions regulate the issues relating to passengers' rights under the contract of carriage, including their right to compensation in the case of non-performance or cancellation of the voyage or in the case of death or injury while onboard or due to hazards of the sea and damage to their luggage as well as issues relating to the carrier's rights and liability under the contract of carriage, including the carrier's exemption for loss in the event of force majeure or passenger's fault.

vi Seafarers' rights

Seafarers' rights are governed by Article 128 et seq. of the MSL as well as by the 2006 Maritime Labour Convention (MLC). These provisions of the MSL and 2006 MLC guarantee the rights to seafarers to fair treatment regardless of religion, race, nationality, gender, sexual orientation and political views, the right to join trade unions, the right to work of their own will and be paid for their work, and the right to work in a safe and secure workplace with access to medical care and health protection whenever needed.

In a recent case, the court intervened to safeguard the rights of seafarers on a vessel abandoned by her owners at Beirut Port. The vessel was loaded with a chemical cargo and was quickly deteriorating. The port authorities refused to allow her crew to disembark under the excuse that the vessel could not be left unattended. After several weeks of restraint onboard the vessel, the crew sought the intervention of local courts on the ground of infringement of their right to liberty and freedom of movement, which is protected under the constitution and international human rights' conventions. The court made an order granting permission to the crew members to leave the vessel and travel on the basis that their restraint onboard the vessel, regardless of its cause, constituted a breach of their right to liberty and freedom of movement, which is considered one of the fundamental human rights under internal and international laws.

VII OUTLOOK

Lebanese merchant shipping legislation needs to be reformed. The MSL dates back to 1947 and very few steps have been taken to update it since its enactment. Moreover, Lebanon is party to the main international conventions, although it has not yet joined some key protocols associated with these conventions. The country is one of the very few states that have joined the Convention on the Carriage of Goods by Sea, which was adopted in Hamburg on 31 March 1978. The maritime authorities and some industry players had expressed interest in joining the Convention of Contracts for the International Carrying of Goods Wholly or Partly by Sea, adopted in Rotterdam on 11 December 2008. However, since major countries have been slow in ratifying the Rotterdam Rules, disputes arising under contracts for carriage of goods by sea will continue for some time to be governed by the Hamburg Rules. In the past decade, the focus of the Lebanese authorities has been directed towards joining international treaties and regional agreements and enacting regulations aimed at reinforcing safety and security in Lebanese waters and combating and reducing sea pollution and safeguarding the environment as a whole.


Footnotes

1 Josiane Lahoud is a partner and Lea Ferzli is a senior associate at Baroudi & Associates.

2 The Lebanese parliament voted in its audience of 6 March 2019 in favour of the ratification by Lebanon of the MARPOL Protocol 1997 (Annex VI).

3 Articles 1013, 1014, 1015 and 1016 CCP.

4 Article 814 CCP.

5 ibid.

6 Article 23.1 of the Hamburg Rules.

7 Article 4.1 of the Hamburg Rules.

8 Article 5.1 of the Hamburg Rules.

9 Paragraphs 1 and 2 of article 20 of the Hamburg Rules.

10 Article 80 of the Lebanese Ports and Harbours Regulations.

11 Article 866 CCP.

12 Ratification by Lebanon of Annex VI is set take place soon.

13 Article 11 MSL.

14 Article 12 MSL.

15 Article 235 MSL.

16 Article 245 MSL.

17 Article 246 MSL.

18 Article 2 of Decision No. 98 dated 30 April 1941 ('Maritime Wreck').

19 Article 94 (5) MSL.

20 Article 24 of the Lebanese Ports' and Harbours Regulations.