Maritime law and insolvency law: Averting collisions? [Recent developments]

Introduction: In the 2015 Federal Court decision in Yakushiji v Daiichi Chuo Kisen Kaisha , 4 the Court had to resolve a looming conflict between foreign (Japanese) liquidators appointed to Japanese shipping companies and potential claimants against their ships in Australian waters, and to have the ships arrested, pursuant to maritime liens. Orders were made recognising the Japa nese 'rehabilitation' proceedings as "foreign main proceedings" under the UNCITRAL Model Law on Cross-Border Insolvency (Model Law), 5 thereby giving the ships interim protection by way of a stay of proceedings by any claimants. But the Court was careful to say that this stay did not necessarily serve to determine or defeat any valid maritime lien subsequently claimed against the ships...