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Yap v MV Cecilia I

Type of court
National - higher court
Date
Sep 19, 2005
Source
UNEP, InforMEA
Court name
Supreme Court
Seat of court
Pohnpei
Judge
M. YINUG
Reference number
Civil Action No. 2005-3000
Language
English
Subject
Waste & hazardous substances, Legal questions
Abstract

An individual, Sablan owned the vessel Cecilia registered in Cambodia. He entered into a standard bareboat charter agreement with Pacific Petroleum for 12 months. Pacific Petroleum then failed to re-deliver the vessel back to Sablan on time. During this period, the Yap Environmental Protection Agency investigated at least eight incidents involving oil spills from the vessel Cecilia. When an incident affected the seaworthiness of the Cecilia, she arrived in Yap harbour and was ultimately grounded. A few months later, the Yap Environmental Protection Agency issued a cease and desist order directed at the defendants to stop the discharge of pollutants from the Cecilia. The defendants did not comply with this order.

The defendants of the case were both the owner of the vessel, Sablan, the companies Pacific Petroleum, Pacific Petroleum Corporation and the man having signed the charter agreement for said companies, Reddy. Sablan meant that he had no responsibility for the incidents as he had no control over the vessel at the relevant times. The State of Yap meant that he was responsible as the owner of the vessel Cecilia. Sablan responded with a motion to dismiss.

The case revolved around the question of jurisdiction over the defendant and to what extent Sablan had control over the vessel enabling the Court to find him responsible for the incidents.

It was clarified in the contract between Sablan and Pacific Petroleum that it was a bareboat charter, and that the charterer therefore had complete control of the vessel, alleviating the responsibility of Sablan. Thus, the Court stated that excercising its personam jurisdiction over Sablan  "would violate well established notions of fair play and substantial justice" and Sablan was dismissed as a defendant.

Full text
Yap v MV Cecilia I.pdf